Under consideration PE2243: Refund legal expenses for those acquitted of a crime

Background information

Someone who has been acquitted in any criminal legal action should be put back in the same financial position as if they had never been arrested. This covers cases with and without legal aid.

Legal expenses should be reimbursed by the Scottish Government, who may wish to seek payments from third parties depending on the circumstances of the legal action.

Although someone may have lost earnings due to the legal process and experienced the distress of being wrongly accused of a crime, the reimbursement of legal fees would be a major factor allowing them to move forward.

The process of reimbursement would also act as a brake on further injustices happening to people who have had false accusations made against them.

My own scenario was that I was arrested in 2023. I was not entitled to any legal aid due to my employment and savings and was not permitted to represent myself. I was acquitted but there is no route for me to claim back my legal expenses of over £8,000.