Legal aid: Crown disclosure
7 Apr 05
How work related to the new arrangements for Crown disclosure will be paid under the legal aid scheme
The Legal Aid Committee has been made aware of concerns which solicitors may have regarding the introduction of Crown disclosure and the impact on solicitor practice, especially in the context of how this may be remunerated by the Scottish Legal Aid Board.
Discussions have taken place with both the Scottish Executive and the Scottish Legal Aid Board on this topic, which have resulted in clarification of the Board’s view in respect of this aspect of the criminal legal aid reforms.
The Board has stated that the introduction of Crown disclosure will certainly result in additional work being required by the defence agent. However, the current fee tables (which remunerate solicitors on a time and line basis) make provision for any of the tranches of work required:
- solicitors are paid a perusal charge of £10.55 for each quarter hour of time engaged;
- defence agents can continue to employ precognition agents for defence statements and will be paid at unqualified clerk rates;
- additional meetings with the client will be paid at £11.05 per quarter hour;
- in sheriff and jury cases where the solicitor conducts the first diet, solicitors are paid at £31.50 for the first half hour and £15.75 for each subsequent quarter hour.
Oliver Adair, the Vice-Convener (Criminal Legal Aid), has requested that solicitors monitor their files and accounts to ensure that when information is required regarding the operation of the system of disclosure, that information can be easily obtained.
If you have any questions about these matters, please direct them to Michael P Clancy, Director of Law Reform, 26 Drumsheugh Gardens, Edinburgh EH3 7YR (LP – 1, Edinburgh – 1) or by email to moiragoll@lawscot.org.uk.