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. Legal aid in Scotland is also available in criminal cases， where more than 90% of summary applications are granted. An interests of justice test is applied， as well as a means test. In solemn case（ jury trials） the court assesses legal aid.
Legal aid in England and Wales
Legal aid in England and Wales was originally established by the Legal Aid and Advice Act 1949. Today legal aid in England and Wales costs the taxpayer￡2bn a year—higher per capita spend than anywhere else in the world—and is available to around 29% of adults.
Today， legal aid in England and Wales is administered by the Legal Services Commission， and is available for most criminal cases， and many types of civil cases with exceptions including libel， most personal injury cases （ which are now dealt with under Conditional Fee Agreements， a species of contingency fee） and cases associated with the running of a business. Family cases are also often covered. Depending on the type of case， legal aid may or may not be means tested.
In July 2004 the European Court of Human Rights ruled that the lack of legal aid in defamation cases （ which was the position under the Legal Aid Act 1988， which was the applicable Act at the time of the McLibel case） ， could violate a defendant s right. The Access to Justice Act1999 has a provision which allows the Lord Chancellor to authorize legal aid funding in cases which areotherwise outof scope of the legal aid scheme under the exceptional funding provisions. A defendant in a position similar to the McLibel defendants could potentially have legal aid assistance if their application passed the exceptional funding criteria.
Criminal legal aid is generally provided through private firms of solicitors and barristers in private practice. There are a limited number of public defenders. Civil legal aid is provided through solicitors and barristers in private practice but also non-lawyers working in law centers and not-for-profit advice agencies. The provision of legal aid is governed by the Access to Justice Act 1999 and supplementary legislation.
Legal aid in Australia
Australia has a federal system of Government comprising federal， state and territory jurisdictions. The Australian （ Commonwealth） and State and Territory governments are each responsible for the provision of legal aid for matters arising under their laws.
Legal aid for both Commonwealth and State matters is primarily delivered through State and Territory Legal Aid Commissions （ LACs） ， which are independent statutory agencies established under State and Territory legislation. The Australian Government funds the provision of legal aid for Commonwealth family， civil and criminal law matters under agreements with State and Territory governments and LACs. The majority of Commonwealth matters fall within the family law jurisdiction.
Legal aid commissions use a mixed model to deliver legal representation services. A grant of assistance legal representation may be assigned to either a salaried in house lawyer or referred to a private legal practitioner. The mixed model is particularly advantageous for providing services to clients in regional areas and in cases where a conflict of interest means the same lawyer cannot represent both parties.
The Australian Government and most State and Territory governments also fund community legal centers，which are independent，non-profit organizations which provide referral， advice and assistance to people with legal problems. Additionally， the Australian Government funds financial assistance for legal services under certain statutory schemes and legal services for indigenous Australians.
