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Legal aid reforms under the spotlight at solicitors’ conference

 

Friday 28 October 2005
Joint release issued by the Law Society of Scotland and Scottish Legal Aid Board

 

Around 150 of Scotland’s legal aid solicitors will debate the major on-going reforms to the country’s publicly funded legal assistance system at a conference in Glasgow tomorrow and on Saturday.

Delegates at the conference, organised by the Law Society of Scotland and Scottish Legal Aid Board, will discuss the ongoing reforms of the legal aid system and other recent and proposed developments in the justice system.

Deputy Justice Minister Hugh Henry, who is the keynote speaker, said: “We need to keep the legal aid and advice systems under review to ensure that they properly underpin the reforms we are introducing across the justice system. They should provide fair reward for work necessarily undertaken and that they encourage efficiency throughout the system.

“Legal advice, assistance and representation is crucial to the operation of the rule of law in a free society.  Over the next few years we want to ensure that we have the best possible provision of publicly funded legal assistance.  That means ensuring that the right advice is available; at the right time; in the right place; and at the right cost.”

Caroline Flanagan, President of the Society, said: “We all want the same fundamental goals for publicly funded legal assistance - fair and accountable access to justice which allows people who would otherwise not be able to afford it, proper legal assistance, advice or representation. This should not depend on where you live or the kind of advice that you need. It is also important that the providers of legal advice are properly rewarded for that advice.

“Whilst the conference is for practitioners, the issue of publicly funded legal assistance is one which affects a large number of people, from those accused of a crime to those who want to contest a divorce. The changes made now will affect people for many years to come so it is vital that the Society, its members, the Legal Aid Board, Scottish Executive and others work together to produce a fast, workable system for all users.”

Jean Couper, Chairman of the Scottish Legal Aid Board commented: “The Scottish Executive’s consultation on the future of the delivery of legal assistance in Scotland has closed and we look forward to hearing what changes Ministers plan to make. The Board is committed to working with the Law Society of Scotland and our other partners to implement Ministers’ decisions to improve the delivery of legal information, advice and representation.

“In the coming year, there will be significant changes in legal aid, including reform of advice and assistance for civil cases and changes to criminal legal assistance. Our objective is to improve the provision and administration of legal assistance for the benefit of all. To develop systems which are workable and affordable and processes which are less bureaucratic and more effective we must - and will - work in partnership with the legal profession.

“It is essential that once changes are decided, the legal profession are well informed of the reforms and their implementation. This joint Legal Aid Conference therefore plays an important role in helping solicitors to develop and deliver high quality legal aid services to clients”

Amongst the reforms to legal aid under discussion are:

  • changes to advice and assistance for civil cases from early in 2006 that will introduce a diagnostic interview to cases and through a simplified increases system, reduce bureaucracy
  • changes to summary criminal legal assistance that are linked to reforms to the summary justice system
  • reforms to solemn criminal legal aid, including a new fee structure
  • introducing a quality assurance system for criminal cases that includes peer review
  • other changes to help reduce bureaucracy, including the introduction of legal aid online services

Oliver Adair, Convener of the Society’s Legal Aid Solicitors Committee, is co-chairing the conference. He said: “We have an opportunity now to create a properly resourced, efficient, value-for-money criminal justice system which encourages the early disposal of cases where that is appropriate and the efficient use of our courts and justice system.

“In order to achieve these goals we must ensure that all parts of the system are properly resourced. The Scottish Executive’s on-going consultation on publicly funded legal assistance will address many of the issues and the Society will continue to work together with the profession, the Legal Aid Board, the Scottish Executive and others to achieve these objectives.”

The joint conference, organised by the Society and the Board, starts today (Friday) and runs until Saturday.

Ends

Journalists please contact:

  • The Law Society of Scotland - Suzy Powell in the Society's Media Relations Office on: tel 0131 476 8115, e-mail suzypowell@lawscot.org.uk or Jody Fitchet on: tel. 0131 476 8186, e-mail jodyfitchet@lawscot.org.uk
  • Scottish Legal Aid Board – Colin Sim tel. 0131 240 2033, mobile 07768 707454.

 

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