Final proposals for legal aid published

MacAskill says proposals take account of tight budget

News, 8 April 2008

Final proposals for legal aid for summary justice were published today by the Scottish Government, following lengthy discussions with the Law Society of Scotland and local bar associations.

The main proposals are:

the introduction of a single fee level in the sheriff and stipendiary magistrates courts for cases disposed of before trial, replacing different levels of payment for guilty and not guilty pleas
revised payments for assistance by way of representation (ABWOR) (£150) and legal aid (£315) for JP court cases
a 10% increase to criminal advice and assistance rates
enhanced payments for duty solicitor work.

Cabinet Secretary for Justice Kenny MacAskill said any proposals for reform to legal aid needed to be affordable, as there was a very tight budget for them. He said money would be saved because fewer cases would need to go to court unnecessarily and the savings would fund the new arragements.

He added that the concerns expressed by the Society and local bar associations had led to an extension of the consultation to the end of January to allow for further discussions.

He said: "This is a period of significant challenge for the legal profession and I have listened closely to their concerns. Whilst I understand their fears, some change is inevitable. I hope that the concessions that I have agreed demonstrate the continuing good faith that the Scottish Government has shown in the process.

"We will now move towards implementing these proposals and I hope that the new payment arrangements, and our commitment to monitor their impact, will enable defence solicitors to support the reformed summary justice system."

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.