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"Exciting and challenging" year for legal aid - Scottish Legal Aid Board launch annual report

Thursday 16 July 1998

The introduction of new measures to control the quality of criminal legal aid in Scotland made the past year "one of the most exciting and challenging", according to Jean Couper, Chairman of the Scottish Legal Aid Board. Mrs Couper was speaking today at the launch of the Board's Annual Report 1997-98.

During the last year, the Board has implemented a new Code of Practice for solicitors carrying out criminal legal assistance and developed plans for the pilot public defence solicitor scheme in Edinburgh. In addition, the Board has worked to increase its own efficiency and performance has improved over the last year.

Legal aid payments have continued to rise in Scotland, but only by 1% - from £143.1 million in 1996-97 to £145.1 million in 1997-98. The Board collected £9 million in contributions, expenses and money recovered from assisted persons following the successful outcome of their cases, resulting in a net cost to the taxpayer of £136.1 million, compared to £133.7 m in 1996-97.

" Criminal legal aid continues to account for most of the legal aid budget; just over £82 million. Although the number of applications for criminal legal aid and the number of criminal cases paid by the Legal Aid Fund has decreased, the average case cost in this area continues to rise; from £1,000 in 1996-97 to £1,073 last year," Jean Couper said.

" The increasing cost of criminal legal aid continues to be a concern, and we have urged the Government to introduce a system of fixed fees, which would be simple and easy to administer and would set realistic fees for specific types of case. We also hope the Public Defence Solicitors' Office pilot will provide clear information on criminal case costs. This information would help the Government to set appropriate fee levels for private solicitors based on the actual costs of conducting a case."

The Scottish Legal Aid Board has also been pressing for changes to the way civil legal aid is delivered. The Board welcomes the fact that many of the proposals previously put forward by the Board are contained in the Government's consultation paper on civil legal aid, including -

  • the creation of a new community legal service, bringing together both qualified solicitors and advice workers to offer a comprehensive range of services to the public
  • widening the range of those who can provide legally aided advice to include Citizens Advice Bureaux and other advice agencies
  • offering the public an easily accessible information service to help them find the most appropriate source of advice for their problem
  • extending the Code of Practice for criminal legal assistance to cover civil legal assistance.
Jean Couper stated, "We would like to see changes to the civil justice system to ensure that the public has access to a comprehensive and flexible range of civil legal services which meets the wide variety of public needs."

Reporting on the work of the last year, Jean Couper also highlighted the Board's own achievements. The Board undertook a major survey of over 1,000 solicitors to seek their views on the quality and effectiveness of the Board's services; the results showed that the vast majority of solicitors were satisfied with the Board's performance.

In conclusion, Jean Couper said, "It has been a year of great change for the Board and I believe we have successfully met the challenges we faced. We are determined to continue to play a leading role in the future developments of legal aid in Scotland."

Editors' Notes
The Scottish Legal Aid Board is a non-departmental public body which assesses legal aid applications and scrutinises and pays accounts submitted by solicitors and advocates. It also provides advice to the Secretary of State on legal aid matters.

For further information please contact: Charlotte Townsend, Communications Project Officer, the Scottish Legal Aid Board (0131 226 7061).
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