Arrow left dark
Newsletter icon SUBSCRIBE

Law Society calls for investment in efficient legal aid system

Clock icon Reading time: 3 minutes
Law Society calls for investment in efficient legal aid system

The Law Society of Scotland has published a package of recommendations which it says would create a better funded and more efficient legal aid system to protect access to justice in Scotland.

Legal Assistance In Scotland - Fit for the 21st Century was published today following wide-ranging consultation with solicitors and others across the legal and advice sectors.

The Law Society says increased use of technology, a revised fee structure, and the creation of civil legal aid grants would improve the system and generate savings which could be re-invested in legal aid provision.

The paper’s specific proposals include:

Criminal legal aid

  • The introduction of a block fees system for solemn cases

  • A fixed fee for police station advice

  • Review of funding structures for criminal appeals to ensure they support court practices and procedures

    • Civil legal aid

    • Development of a single grant system, removing current distinctions between Advice and Assistance, Assistance By Way of Representation, and Legal Aid

    • Explore the potential benefits of increased joint working between solicitors and the advice sector, including the provision of funding

      • Alistair Morris, president of the Law Society of Scotland, said: “Ensuring access to justice for all is a fundamental part of our society. Legal aid allows people to seek advice at what are often the most challenging times in their lives whether they have been unfairly dismissed, unlawfully evicted, need to resolve custody of their children or are facing criminal charges.

      “We don’t believe that the current system is fit for purpose and, with the ongoing reforms to modernise the wider court and justice system, the time is right for root and branch change. We need to rethink legal aid as a whole and look at where efficiencies can be made and how savings can be reinvested to ensure that people can obtain legal advice when they need it most, regardless of their status or wealth.

      “We think it essential that there is proper investment to halt to the real-term decline we have seen in legal aid expenditure over the years.

      “The recommendations we make in our paper will help streamline legal assistance, reducing complexity and the administrative burden, and allow businesses to be more efficient. This will help generate savings which can then be reinvested.

      “We fully understand that public funding remains an issue for all frontline services, but we believe that with the high prevalence of justice problems, the social, emotional and financial cost of leaving these unresolved is too high a price to pay.”

      He added: “We believe that these proposals will help create a better legal assistance system that provides sustainable access to justice to citizens across Scotland, ensuring that it remains fit for the 21st century.”

      Share icon
      Share this article: