Board comment on issues raised at High Court Appeal case today

Wednesday 16 November 2005

Lindsay Montgomery, Chief Executive of the Scottish Legal Aid Board stated:

“The Board was contacted on Friday by a journalist about a criminal appeal case where the advocate intended to withdraw from acting, and where they sought information on the fees payable.

The Board quite properly made enquiries with the court to establish if they knew about and could identify the case, what type of appeal case it was, and what would happen in these circumstances, given that we fund criminal legal aid. We were then able to confirm to the journalist the fees payable.

We did not try to stop this hearing. It is a matter for the court as to what is done by them in circumstances where an advocate has stated they intend to withdraw from acting.

It is a matter of regret that cases are delayed in these circumstances, causing disruption to the court and additional expense to the taxpayer.

We understand that the Scottish Executive presented the near final draft of the fees regulations to the Faculty of Advocates on Tuesday. These provide changes which cover the issues raised by the advocate in this case and reflect the key changes sought by the Faculty of Advocates earlier in the year. The Board has been keen to see these changes implemented as soon as possible.”

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