Scottish legal aid system ‘not fit for purpose’

SCOTLAND’S legal aid system is no longer fit for purpose and should be fundamentally reformed, it has been claimed.

SCOTLAND’S legal aid system is no longer fit for purpose and should be fundamentally reformed, it has been claimed.

The Law Society of Scotland said the way legal aid is administered has not kept pace with reforms to the wider justice system.

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Figures published last week in the Scottish Legal Aid Board’s annual report showed £150 million was spent on legal aid in 2013-14.

But despite savings of around £20m, the board said continuing pressure on the public purse meant more efficiencies would be needed.

In a discussion paper released today, the Law Society presents a number of suggestions as to how criminal and civil legal aid could be reformed.

They include the introduction of a new system of criminal legal aid, which would see the establishing of a single category of “criminal legal assistance” to replace the various categories which currently exist.

There is also a call for the money that is saved by reducing the number of legal assistance cases to be reinvested in the system, as well as a call for a system which encourages the early resolution of cases and affordable loans for those involved in civil cases.

Alistair Morris, president of the Law Society of Scotland, said: “The current legal aid system is almost 30 years old.

“In that time there has been extensive change, which has resulted in a system that is hugely complex, with even highly experienced solicitors reporting that they find it difficult to navigate.

“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.”

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Mr Morris added: “We need to re-think 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.”

A spokesman for the Scottish Legal Aid Board said: “As we said at the publication of our annual report last week, there is scope for simplifying and reforming aspects of legal aid.

“However, changes to legal aid must be made in the context of the wider reforms of the justice system and should not jeopardise access to justice for those who need it.”

In its annual report released last week, the board said £94m had been spent on criminal legal assistance last year – a drop of £0.8m from 2012-13.

Spending on civil legal assistance fell by £1.2m to £47.8m in 2013-14.