Funding for legal aid reaches record level

Board's annual report shows 4% rise to £152 million, but civil cases still fall

News, 21 December 2005

The cost to taxpayers of funding legal aid grew by 4% last year, to a record £152.4 million.

This revelation, as well as the claim that changes to the legal aid system are making it more effective for people who want access to justice, is part of the Scottish Legal Aid Board's annual report for 2004-05, published today.

The rise in spending came despite a 3% fall in the total number of grants of legal aid, to 428,821. Criminal legal aid grants and costs, which already accounted for over 70% of the legal aid budget, continued to rise.

Performance measures

The Board's performance is measured against targets for accuracy of decisions and speed of service agreed by Scottish Ministers. In 2004-05 the Board hit all six of its main performance targets - set higher than the year before. The board also has 48 individual targets and met or beat 47 of them.

The Board's chairman Jean Couper, who retires in March 2006, said: "Last year we received nearly 2,500 legal aid cases applications each working day. Our prompt and accurate decision on whether someone meets the tests for legal aid is an important step in the possible resolution of their problem. That's why our improved service performance to applicants is important."

Review supported

Commenting on the 2004 strategic review on the delivery of legal aid, which was followed last summer by the Executive's consultation, Advice for All, Ms Couper said: "The review has shown the need for greater co-ordination of the supply of and demand for legal services within Scotland. Also highlighted was the need for much more and much better co-ordination between those publicly funded services provided by solicitors, and those provided through local authorities and the advice sector.

"Overall the Board is very supportive of the recommendations made. While ministers have not yet decided how to proceed, I believe the Board is well placed to accept and fulfil an enhanced role in delivering Scottish Ministers' commitment to ensuring appropriate access to justice for those who need it."

With its partners the Executive and the Law Society of Scotland, the Board has also developed and consulted on proposals for the reform of civil advice and assistance. These reforms will be implemented during 2005-06.

Society negotiates

Oliver Adair, Convener of the Law Society of Scotland's Legal Aid Solicitors' Committee, said: "The main reason for the increase in criminal legal aid costs is the rise in the number of summary criminal prosecutions. However, the average cost of a summary criminal case paid to solicitors remains the same as last year.

"Lord Bonomy's 2002 report called for improved efficiency in High Court cases and a reduction in the inconvenience suffered due to delay and cancellations for both witnesses and victims, and to provide more certainty to court proceedings by ensuring that both prosecution and defence were ready at the preliminary hearing stage.

"We are now negotiating with the Scottish Executive to ensure fair remuneration for work done in more serious criminal cases and are pressing for an immediate increase."

Mr Adair said the Society had concerns about the drop in applications and grants for civil legal aid cases and would like to explore the reasons for this. "A lot of work has been done but we still want to see further improvements."