Reforms to legal aid proposed

Reforms to legal aid proposed

Reforms to legal aid have been set out to make the system simpler and easier for both solicitors and those who need legal assistance – along with longer-term proposals for funding and improving the delivery of services.

Actions set out in a discussion paper aim to simplify the funding system and build on recent improvements to reduce the amount of information needed during the application process.

Regulations will be brought forward by the end of this year to remove the eligibility tests for children in all cases before a children’s hearing. Improvements will also be made to the fee structure for serious criminal cases, which will better reward the work needed to resolve cases in advance of a potential jury trial.

Legal aid funding has increased by 25 per cent in the five years since 2019, with expenditure last year of £151 million, which met all approved application costs. A further £14.2m has been approved in the budget next year to meet rising costs.

Research will also be commissioned to inform a review of current legal aid fee levels. This will help with the development of a regular fee assessment mechanism to ensure a fair and sustainable system of payments and fees.

In addition, a longer-term programme of work will begin with stakeholders, including law firms, third sector organisations and service users, to consider more fundamental changes to the structure, funding and delivery of legal assistance to build a system that is fit for the future. This will inform the development of future legislation.

Victims minister Siobhian Brown said: “Scotland has one of the most comprehensive legal aid systems in Europe that provides an uncapped, open-ended and demand-led approach to legal assistance.

“Legal professionals across the country work hard to deliver legal aid and I recognise that further reforms are needed to ensure Scotland has a modern and responsive system where services can continue to be provided as efficiently as possible, where and when they are needed.

“We will take immediate action to further streamline and improve the application process, reducing the burden on both solicitors and those who need legal services so funding is provided as quickly and easily as possible.

“A review of legal aid fees will help develop regular assessments to ensure the system remains fair and sustainable. Longer-term we will consider with stakeholders what more fundamental changes can be made to best develop a legal assistance system fit for the future.

“I look forward to engaging and discussing these proposals with law firms, third sector organisations and, crucially, service users themselves so legal aid continues to best serve those who use and need it.”

Bill Moyes, chair of the Scottish Legal Aid Board, said: “This paper is an important next step in the journey to redesign the legal aid system to meet the needs of the people of Scotland for decades to come.

“We will be working with the Scottish government, the legal profession and advice sector in 2025 and beyond to help make the vision set out in the paper a reality.”

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