Scottish government agrees to legal aid for parties in bin lorry tragedy

The Scottish government has agreed to make legal aid available for the families involved in the 2014 Glasgow bin lorry tragedy.

Justice Secretary Michael Matheson said: “Private prosecutions are, and should remain, exceptionally rare in Scotland. However, in light of the unique and special circumstances of this case, which raises fundamental questions that have not previously been tested in case law, Scottish ministers believe it is in the public interest that all parties are adequately represented.

“As such, ministers have agreed to make legal aid available for the families of the bin lorry tragedy.”

He added that driver Harry Clarke would also receive legal aid, saying: “In line with human rights requirements that anybody facing potential criminal prosecution must be legally represented, legal aid will also be made available to the driver of the bin lorry, Mr Clarke, and to Mr Payne in relation to another potential private prosecution in separate case.

“The issue of whether there are exceptional circumstances to justify a private prosecution is a matter for the High Court alone and do not form part of this legal aid decision.

“Responsibility for deciding whether or not to prosecute an alleged criminal case in Scotland rests clearly with the Crown Office which has a strong record in prosecuting crime. The determination is not being made on the basis that Ministers agree that there was any error in law in the decision by the Crown. The Lord Advocate has set out publicly the basis for the decision not to progress a prosecution following the bin lorry tragedy.”