Thursday 27 September 2001

The Scottish Legal Aid Board today (27 September 2001) welcomed publication of the Scottish Executive research report "The Public Defence Solicitors' Office in Edinburgh: an independent evaluation."

Jean Couper, Chairman of the Scottish Legal Aid Board said:
"I welcome publication of this substantial piece of research into the PDSO. The report raises a number of interesting issues on the operation of the criminal justice system in Scotland, which the Board and others will wish to consider carefully.

"The report identifies some differences in the handling of cases by the PDSO compared to the private sector defence solicitors operating in Edinburgh. The Board will wish to take time to study these. However, the report recognises that the enabling legislation required that the PDSO be formally evaluated and a report presented to Parliament within three years, which led to this research being carried out at an early stage in the PDSO's life, before it had reached maturity. Also the PDSO suffered substantial unpopularity among many clients and private criminal defence solicitors as a result of clients being directed to use the PDSO in order to ensure sufficient numbers of clients for the study.

"The Board removed direction in June 2000, following discussions with the Edinburgh Bar Association and Law Society of Scotland; since then it has been encouraging to see a more constructive relationship between the local bar and the PDSO as well as an increased level of client satisfaction.

The Board will continue to work in partnership and co-operation with others involved in the justice system to make the system more efficient and effective, and, most importantly, assist in providing improved access to justice for those who need it. This research deserves careful thought by all concerned with the justice system and should provide useful input into Ministers' consideration of the future use of Public Defenders in Scotland."

Ends

Journalists please contact: Colin Sim tel 0131 226 7061

Notes for editors

1. The PDSO opened in October 1998 as a five year pilot scheme to compare the provision of criminal legal aid by private solicitors with salaried solicitors employed by the Scottish Legal Aid Board. It will be for the Scottish Parliament to decide whether the pilot scheme should continue beyond September 2003.
   
   
2. The Scottish Legal Aid Board was responsible for setting up the PDSO and the Director of the PDSO reports to the Board on administrative issues. In all other ways, the PDSO operates entirely independently. The Board assesses applications for summary criminal legal aid from the PDSO in the same way that it does for applications submitted by private solicitors.
   
   
3. Legal aid allows people who would not otherwise be able to afford it to have the help of a solicitor, and in some circumstances an advocate, for their legal problems. To receive legal aid, applicants must consult a solicitor who will help them complete an application. The Board itself does not provide a legal aid service - it pays solicitors and advocates to do this.
4. The Scottish Legal Aid Board is responsible for managing legal aid in Scotland. It is a non-departmental public body set up under the Legal Aid (Scotland) Act 1986. Twelve Board members including the Chairman, appointed by Scottish Ministers, currently oversee the work.
   
   The Board's mission is to develop and deliver appropriate access to quality legal assistance for those eligible, in a cost effective manner. The Board's main tasks are to consider and then grant or refuse applications for legal aid; to scrutinise accounts and pay solicitors and advocates for the legal aid work they do and to advise Scottish Ministers on legal aid matters.
   
   
5. In 2000/2001 425,281 advice and assistance and legal aid applications were granted and the total gross expenditure on legal aid was £130.5 million.