Emergency deal on legal aid fees

Scottish Executive agrees improvements after advocates withdraw

News, 24 November 2005

The Scottish Executive has agreed to improve criminal legal aid fees for advocates.

An emergency deal was struck after advocates withdrew their services in several cases because of the low fees on offer. The latest case involved Maggie Scott QC, an appeal court specialist, who said she would refuse to act in a complex appeal because she would be paid £203 for five days' work.

Because the appellant would have had no representation, his right to a fair hearing under article 6 of the European Convention on Human Rights could have been infringed. The appeal court was due to consider this issue.

The overall legal aid bill for criminal cases rose to more than £102 million last year, but the new fixed rates for advocates, introduced in March this year, replaced tariffs that had been in place since 1992. Advocates claimed the new rates did not take into account the complexity of individual cases and appeals and the time taken to prepare for them.

Roy Martin QC, Dean of the Faculty of Advocates, said the Faculty welcomed the emergency regulations, but still wished to see urgent progress on permanent regulations which would provide reasonable remuneration in all circumstances.

A spokesperson for the Scottish Executive said it would be very disappointed if any court case was now held up because of legal aid payments, as it had been made clear that the emergency regulations were retrospective.