This item was published during the term of a previous administration that ended in April 2007
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Consultation on future of legal aid
17/06/2005
A new structure to allow more people to benefit from
civil legal aid and assistance in Scotland is among more
than 40 questions posed in the Executive's 'Advice for All'
consultation published today.
Under the current system there is a maximum disposable
income for civil legal aid - (£9,570) and one
proposal is that those earning more than the threshold to
receive some support.
A concern with the current system is that the level of
the upper limit may mean that those on moderate incomes
will often be deterred from pursuing worthwhile cases
through fear of the cost of doing so, particularly given
the potentially open-ended commitment for their own costs
and the costs of their opponent.
Other options for consideration include:
- Allow Scottish Legal Aid Board additional powers to
improve delivery of civil publicly funded legal
assistance and to ensure adequate provision by a range
of methods, including the ability to fund
non-solicitors
- Transfer the granting of solemn criminal legal aid
from the courts to SLAB. The transfer of these powers
could ensure better transparency and consistency and
ensure better value for money for the public purse
- Consider the introduction of means tested
contributions in criminal publicly funded legal
assistance with the aim of making sure that those who
can afford to pay towards their own defence should do
so
Deputy Justice Minister Hugh Henry said:
"The Strategic Review of the Delivery of Legal Aid,
Advice and Information reported to Scottish Ministers in
June 2004. It found that the current system of publicly
funded legal assistance in Scotland does provide valued
services to a wide range of people but it is in need of
reform and development.
"The review made a number of recommendations for change
in the system of legal aid and advice services and that's
why we are today seeking views on proposals to improve and
modernise the system, and ensure better, fairer access to
support and advice.
"In particular, we recognise that the upper limit for
civil legal aid can appear very arbitrary for those just
above that amount. That's why - as part of the considerable
range of options in this consultation - we're asking if it
would be preferable to change the system so that more Scots
who deserve legal aid and assistance can benefit from
it.
"Efficient and effective justice services founded on the
basic principles of fairness and equality are central to
delivering the peaceful, prosperous Scotland we all want to
live in.
"But I also believe that we need to be very clear on the
purposes of legal aid and about why taxpayers' money is
spent - and that's what this consultation asks respondents
to consider.
"Value for money needs to be foremost in our minds when
taking forward modernisation of our legal aid system.
"Only if we drive efficiencies through the system
through a more effective management of publicly funded
legal advice will we be able to meet our goals, whether
promoting access to justice or ensuring a fair reward for
those who deliver legal services funded by legal aid.
"Working together we must remain focused on the purposes
for public expenditure in this area, and we must work to
build a system that meets all our expectations: clients,
practitioners and the taxpayer. We have made progress
already but much more can be done."
Options for change include both non-legislative
proposals and others that would require Parliamentary
legislation.
The Strategic Review, launched in 2003, was the first
comprehensive review of the operation of the 1986 Legal Aid
Act.
The 2003-04 expenditure was £51.247 million for Civil
Legal Aid and £102.217 million for Criminal Legal Aid.
In addition to these major categories, another £3.840
million was spent on Children's legal aid, miscellaneous
categories and the Public Defence Solicitors Office.
There are over 400,000 applications for Legal Aid
received by SLAB every year.