The courts can also grant legal aid in solemn criminal cases. The courts also differ from their British counterparts in that relatively strict limits are placed on custodial sentencing. Accused persons in custody are entitled to free legal aid whilst others must apply to a Regional Legal Aid Board where their eligibility for legal aid is assessed. Previous research has shown that the recorded crime rates in the 3 jurisdictions are very similar, therefore differences in the number of legal aid cases relate not to the overall number of crimes, but to the way that they are processed in the criminal justice systems. Analysis of legal aid spending suggests that in Scotland, most legal aid expenditure is on cases dealt with through summary procedure.
Cases involving breach of the peace and assault are particularly common.
Compared with England and Wales, Scotland spends less on cases involving dishonesty and road traffic cases. In contrast, most criminal legal aid spending in England and Wales is on more serious cases in the Crown Court. No comparable figures are available on the number of high cost cases in Scotland. The costs for representation in the average Scottish summary case are considerably higher than either of the other two jurisdictions, particularly in the Sheriff Courts. In Scotland, legal aid is administered by the Scottish Legal Aid Board and in England and Wales by various bodies.