Minister promises summary legal aid shake-up
1 Jun 06
Hugh Henry wants to "incentivise" earlier guilty pleas
Deputy Justice Minister Hugh Henry yesterday promised to address anomalies with the legal aid system in summary criminal cases.
Speaking at a meeting of the Scottish Parliament's Justice 1 Committee, Mr Henry admitted that the current payment system discourages early guilty pleas. Margaret Mitchell, the Conservatives' justice spokesperson, had pointed out that defence lawyers receive a legal aid premium only if their clients pled not guilty.
Mr Henry said ministers needed to "incentivise" earlier pleas. He added that it would be unfortunate if guilty pleas were delayed to maximise the income of lawyers, although he was sure that this did not happen.
The Justice 1 Committee is currently taking evidence on the Criminal Proceedings etc (Reform) (Scotland) Bill. The meeting did not raise the issue of payments in solemn cases, over which criminal defence lawyers last month voted to break off relations with the Executive.
Defence solicitors in summary cases are paid a fixed fee, normally £500, following a not guilty plea, irrespective of the work involved in a case.