Disposable capital limits explained

Assessing the disposable capital limit for Legal Aid is an important step in providing fair representation throughout Scotland for people accused of crimes.

Disposable capital limits – Legal Aid FAQ

A: The disposable capital limit is £1716. However, this does not mean you are not entitled to receive legal aid.
A: Your bank statements will be reviewed to see what your money was spent on. The best thing to do is contact us with your specific circumstances. You may be entitled to support even if you have thousands more than the capital limit.

If your disposable capital is above the limit of £1716, you can still receive Legal Aid. We compare how much you are over this limit to the median cost of the case. For example, if the excess amount of capital you hold over £1716 is less than the median cost of your type of case then you will qualify for Legal Aid. However, if the excess amount of capital you hold is above this median cost, then you will not qualify. This does not spell the end of being able to afford quality representation. Contact us, and we can arrange a solution that fits your specific circumstances. 

The median case cost depends on many factors:

  • Where the case is due to be heard; High Court or the Sheriff Court
  • The case category
  • Whether the case is going to trial

Disposable capital limit assessment example:

If the category means the case can only proceed in the High Court such as murder, culpable homicide or rape, then the High Court non-trial median case cost will be used until advised on whether the case is going to trial. If the case would cause undue hardship of paying for legal costs then Legal Aid will be granted. 

The most important thing to do is focus on the case, which means contacting a criminal defence lawyer. So contact Graham Walker Solicitors today, and we will do all we can to ensure you can afford the best representation.