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LEGAL AID WIDENS ACCESS TO JUSTICE, AS COSTS INCREASE Tuesday 28 September 2004
Legal aid's important role in widening access for people to use the justice system has resulted in 407,156 grants of legal assistance, a fall of 3% on the previous year the Scottish Legal Aid Board said on publication of its annual report and annual review for 2003-2004. The Board further improved its service levels to applicants and the legal profession and made significant progress with the modernisation of the legal aid system. The cost to the taxpayer of providing this legal assistance increased by almost £11 million, to £146 million. Most of this 7% increase was due to increases in the number of cases and costs of criminal legal aid. Jean Couper, Chairman of the Scottish Legal Aid Board said: "The reform of legal aid moved forward last year. Increasingly we contribute to the modernisation of the justice system through working with others to make sure that the legal aid system meets the needs of applicants, the profession and the courts. The most notable development was the successful implementation of the most significant reform of civil legal aid in 50 years, delivered in conjunction with the Law Society of Scotland." The Board's performance is measured against six 'headline' targets. These are the most important measures of its performance. The Board performed better than all six headline targets for its service. These targets had been increased the year before. The Board's overall performance has improved steadily over the last few years, and in 2003-2004 it continued this trend. In addition to headline targets, the Board has a further 47 individual targets. It met 46 of the 47 targets last year, and just missed the other. Jean Couper said: "However the legal aid bill rose significantly by 7% to £146 million. This rise is due in large measure to a higher number of applications in some categories, particularly for summary criminal legal aid, and a large increase in the number of cases and costs of solemn criminal cases in the High Court." "We are fortunate that in Scotland legal aid is not a fixed budget. Yet the ongoing rise in costs must be a concern to all. We continue to work closely with the Scottish Executive, the legal profession and other justice system agencies to find new ways to deliver efficiency in the system which also gives the taxpayer the best possible value for money." The Board's figures show that summary criminal legal aid applications have reached their highest ever levels at 82,999, an increase of 4% on the previous year. Also, grants by the courts for solemn proceedings (the more serious crimes) have risen by 4% to 11,399. The costs of criminal legal aid increased by over £9 million to £89.7 million. This was a 12% increase on the previous year. Within criminal legal aid, the cost of solemn cases increased by £6.5 million to £ 39.9 million, and summary cases rose by £2.8 million. In solemn legal aid, much of the increase in solemn cases is due to increases in the number and costs of cases involving drugs offences and expensive cases, such as for murder. Last year more of the most serious drugs cases were heard in the High Court than the previous year, and these cost an extra £2.5 million in legal aid. The legal aid system has a key role in helping the justice system work effectively. The Board's Report highlights the many developments to modernise and improve the legal aid system. In October 2003, Justice Minister Cathy Jamieson MSP initiated a strategic review of legal aid, advice and information. Jean Couper said: "We support this review and welcome the opportunity to join with others in thinking creatively about how the legal aid system can work in the future. Increased collaboration between the Board and other agencies not only helps each organisation to achieve its own objectives, it is also fundamental to delivering the modernization of the justice system that Scottish Ministers have envisioned." New ways of providing legal services are highlighted in the report. In the last year the Board has been more active in engaging with a wide range of organisation to try different ways to plan and deliver advice services in Scotland. It has undertaken this work with the Scottish Executive. During the year it worked on several different areas: * helping to run pilot advice partnerships in Argyll and Bute, Edinburgh, Fife and a partnership for legal advice provision for disabled people. Over fifty advice providers, funders and users of advice services were involved in planning improved services. * running four innovative projects in which solicitors try out new and varied ways to deliver legal advice in local communities, by working in advice agencies The report and review also detail other changes made and being
developed including: * developing Legal Aid Online, which will enable solicitors to send applications and accounts through the internet, making the system faster easier and more convenient * changes to improve how people make contributions to the cost of civil legal aid Jean Couper added: "In 2005 we expect to see further reforms to solemn criminal legal aid and civil advice and assistance. Scottish Ministers are modernizing the criminal justice system and as legal aid plays a key role in making the system work effectively, legal aid will need to change with it." "We value the work of the legal profession in delivering legal aid services. More and more we work in partnership with the profession, Scottish Executive, other agencies, the Scottish Parliament and other parts of the justice system. Our performance and the developments highlighted in the Report owe much to their co-operation and support." The report also provides information of people's views on the legal aid system. One survey of people who had experienced the legal aid system found that 85% would recommend the legal aid system to a friend. Further key information from the Report is attached to this release. The Board's Annual Report and Annual Review 2003-2004 is available on its website at www.slab.org.uk and from its Communications Department. Ends Journalists please contact: Costs and volumes of legal assistance Legal assistance cost the taxpayer £146.0 million, an increase
on the previous year of £10.8 million, or 7%. The costs of
the types of legal assistance were: Payments made Civil legal assistance * Over the past ten years applications and grants have fallen. This is because there are far fewer fault-based divorces and people are settling many divorce and family cases in ways that do not involve going to court, such as negotiation and mediation. Also, solicitors work on some compensation cases on a no-win no-fee basis. * The average cost of a civil legal aid case rose by 4% to £2,358, and the average cost of a civil advice and assistance case increased by 9% to £173. * People who received civil legal aid paid us back £11.4 million, which is 28% of the total spend on civil cases. In some types of case, people paid back a higher proportion of what was spent, such as compensation. Legal aid is available for compensation cases in Scotland, and last year people paid back 82% of spending on compensation work. * There were 136,640 grants of civil advice and assistance, a reduction of 9% compared to 2002-2003. The cost to the taxpayer of civil advice and assistance increased by 3% to £21.3 million. * Overall, the number of grants of advice and assistance and ABWOR for immigration has risen by 884 grants (13%) to 7,533 grants. Grants for immigration account for 2% of all legal assistance grants made last year. However, the number of grants of ABWOR for immigration (cases which go on to an immigration appeals tribunal) has decreased by 12% to 2,138 grants. This reverses the rapid upward immigration trends of previous years. (The statistics include grants for advice on a range of nationality and immigration issues, such as work permits.) * The cost of immigration cases increased by £1 million to £3.2 million, which is also 2% of total expenditure on legal aid in Scotland. Within this total, ABWOR expenditure was £1.6 million. Although there is a reduction in ABWOR grants, the impact of this on expenditure is not expected to be shown until next year. Criminal legal assistance * Grants by the courts for solemn proceedings (the more serious crimes) have risen sharply over the last three years and have reached a new peak – 11,399 in 2003-4. This was an increase of 4% on the previous year. * Grants of criminal advice and assistance by solicitors were almost the same as 2002-3 at 159,033 * Duty solicitors made over 30,000 appearances for people on criminal matters last year. This is an increase of 19% on 2002-3. Criminal legal assistance cost £102.2 million, an increase
of almost £10 million on the previous year’s figure.
The total expenditure was: Reform The way ahead Criminal * Solemn criminal legal aid - In 2005 we are likely to see changes in solemn criminal legal aid, including different payment arrangements for solicitors, solicitor advocates and advocates. Some changes will be required to support the reform of the High Court. This follows Lord Bonomy’s review of the High Court and the new laws in the Criminal Procedure (Amendment) (Scotland) Bill. * Summary criminal legal aid - we have carried out a review of summary criminal legal assistance. It looked at how legal aid is granted and how well the whole system of legal advice and representation works. It also took into account Sheriff Principal McInnes’s review of the summary justice system, published in March 2004. Civil * Strategic review - In December 2003, the Scottish Executive Justice Department and the Board began a wide-ranging strategic review of the Scottish legal aid system. The review takes into account the Executive’s modernisation of the criminal justice system, as well as the Scottish Parliament report of the inquiry on legal aid of the Justice 1 Committee. We expect the outcomes will affect many of the plans we have for delivering improved legal aid services. Value for money Last year the Board saved almost £700,000 because of its investigations work into legal aid applicants. It investigated 930 cases where someone who applied or received legal aid did not appear to have given us full information when they applied for legal aid or, in civil cases, had not told us of a change in circumstances. As a result, the Board refused 65 applications, stopped legal aid in 146 cases and referred five cases to the procurator fiscal for possible prosecution. ENDS Journalists please contact: Notes for editors 2. Legal aid allows people who would not otherwise be able to afford it to get help for their legal problems. Legal aid and advice and assistance can only be accessed through a solicitor. 3. The Scottish Legal Aid Board was set up in 1987 to manage legal aid in Scotland. The Board employs around 300 full-time staff. Twelve Board members, appointed by Scottish Ministers, oversee the work. The Board’s mission is to promote the development and delivery of appropriate access to quality legal assistance for those eligible, in a cost-effective manner. 4. For more information, visit the Board's website www.slab.org.uk
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