Parliament Workbench
Data: Motions & questions to 19 Nov 2026

Written Question · S2W-01689 · Session 2

Whether persons convicted of murder or culpable homicide who seek compensation in respect of their treatment in prison are entitled to be g…

Answered Asked by Phil Gallie Con Lodged 25 Jul 2003

The question

To ask the Scottish Executive whether persons convicted of murder or culpable homicide who seek compensation in respect of their treatment in prison are entitled to be granted legal aid and, if so, whether there is any limit on the amount of legal aid granted to them, and, if there is such an entitlement, in how many such cases legal aid has been granted in the last five years.

The answer

Answered by Cathy Jamieson on 18 Aug 2003 · 24 days after it was lodged, on time

A solicitor may grant advice and assistance under the legal aid scheme if the matter is one of Scots law and the client meets the financial eligibility test. In general, a solicitor must work within an initial cost ceiling of £80; if however, the case is likely to go to court, then the cost ceiling is £150. In either case, the board's approval is needed before a solicitor can incur expenditure above these limits.Applications for civil legal aid are assessed by the Scottish Legal Aid Board applying the statutory tests prescribed in the Legal Aid (Scotland) Act 1986; these are financial eligibility, probable cause and reasonableness. Each application is considered on its own merits and there are no restrictions on those who may apply for legal aid or on how many applications may be submitted. The board's prior approval is needed if a solicitor wishes to incur costs of an unusual or expensive nature. The board does not collate information on the number of persons convicted of murder or culpable homicide who have been granted civil legal aid or advice and assistance on matters relating to their treatment in prison.

In the Official Report

No contribution in the Official Report cites S2W-01689 by reference.