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Legal aid


 

Most liberal democracies consider that it is necessary to provide some level of legal aid to persons otherwise unable to afford legal representation. To not do so would deprive such persons of access to the court system. Alternately, they would be at a disadvantage in situations in which the state or a wealthy individual took them to court. This would violate the principles of equality before the law and due process under the rule of law. Some people use the label of "judicare" for legal aid, in an apparent attempt to analogize legal aid to the Medicare health care programs in the U.S., Canada, and Australia.

Legal Aid in Scotland

In Scotland, legal aid is in principle available for all civil actions in the Court of Session and Sheriff Court with the significant exception of actions of defamation. It is also available for some statutory tribunals, such as the Immigration Appeal Adjudicator and the Social Security Commissioners.There is a separate system of criminal legal aid, and legal aid is also available for legal advice.

Related Topics:
Court of Session - Sheriff Court - Defamation - Immigration Appeal Adjudicator - Social Security Commissioners

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Legal aid is means-tested, and in practice only available to less than one-quarter of the population. It is administered by the Scottish Legal Aid Board.

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