Summary criminal legal aid up for reform

Scottish Legal Aid Board consultation paper proposes better early fees

News, 1 October 2007

The Scottish Legal Aid Board (SLAB) is seeking views on its proposals for summary criminal legal aid reform aimed at ensuring solicitors are paid appropriately and fairly for the work they do.

A consultation paper published today seeks to align the payments to lawyers representing accused in summary cases with the summary justice reforms in the Criminal Proceedings etc (Reform) (Scotland) Act 2007.

The proposals, developed in partnership with the Scottish Government, the Crown Office and Procurator Fiscal Service (COPFS), the Scottish Court Service and the Association of Chief Police Officers in Scotland, would substantially increase levels of payment to criminal lawyers at early stages of a case, but aim to save money overall by encouraging early resolution of cases and avoiding unnecessary work.

The intention is to introduce the changes outlined in the consultation by spring 2008.

Substantial increases

The proposed changes to summary criminal legal assistance include substantial increases in the block fee to reflect changes to the operation of ABWOR (Assistance by Way of Representation).

These fees are proposed at £200 for district court cases and £300 for sheriff courts for ABWOR blocks, compared to £70 currently. ABWOR will now support preliminary and guilty pleas, with fixed fees only being needed for representation at trial. This will allow fair remuneration to solicitors to prepare cases on behalf of clients early.

Also proposed is a smaller increase in the summary criminal block fees of £325/£525 in the district/sheriff court respectively for cases going to trial, an increase of 21% in advice and assistance rates, and enhanced duty scheme payments.

Welcoming the paper, Justice Secretary Kenny MacAskill said: "This government wants solicitors to be appropriately and fairly paid, and wants public funds to be used to support an efficient and fair summary justice system.

"These proposals, which have been developed by SLAB in consultation with this government, aim to save time and expense; to avoid wasted effort; and to reduce the demands made on victims and witnesses.

"I realise there will be challenges for defence solicitors in adapting to new ways of working. We cannot be deflected from major reform, but I want to listen carefully to their views on how the proposals can be improved. This builds on the very positive engagement we have had with the Law Society on reform in solemn cases."

Summary justice accounts for 96% of criminal court business, with more than 130,000 cases every year. In 2006-07, £65.2 million was spent on summary criminal legal assistance.

The consultation paper can be accessed at http://www.slab.org.uk/profession/summarycriminal/index.html . The closing date for written submissions is 24 December 2007.