Deputy Minister for Justice, Hugh Henry MSP calls for network of Public Defence Solicitors’ Office to be expanded, during visit to Glasgow

Hugh Henry MSP, Deputy Minister for Justice has called for the expansion of the Public Defence Solicitors’ Office (PDSO) network, during a visit to the PDSO office in Glasgow (Mon, March 6th 2006).

During his visit, Hugh Henry MSP commented;

“Our strategy for publicly funded legal assistance on criminal matters is part of our determination to deliver a safer Scotland through an efficient and effective criminal justice system. In the Scottish Executive consultation “Advice for All - publicly funded Legal Assistance in Scotland” we asked the question, “Should there be an expansion of salaried solicitors through the PDSO for the provision of criminal publicly funded legal assistance alongside private practice provision?” The answer, as shown in the summary of responses that we published last week, is “yes”. I would therefore wish to see the PDSO expanded further and I will be discussing with the Scottish Legal Aid Board how best to take this forward.”

He explained;

“A fundamental principle in a democratic society is that those accused of crime are innocent until proven guilty and that those charged have a right to defend themselves and be assisted in doing so where necessary. We believe that, in principle, publicly funded criminal legal assistance in Scotland is best delivered by a mix of salaried legal professionals and those in private practice. In that context the PDSO plays a vital role in widening the range of choices available to accused persons. In delivering an accessible, user friendly, effective and efficient modern justice system, the PDSO is ideally placed to lead by example.”

There are currently three PDSO offices within Scotland (in Edinburgh, Glasgow and Inverness) each comprising a team of experienced solicitors providing criminal legal advice, assistance and representation to anyone entitled to legal aid and charged with a criminal offence. The PDSO solicitors are paid a fixed annual salary rather than being paid on a case by case basis in the way private solicitors operate, and are governed by the same rules as private solicitors.

Matthew Auchincloss, Director of the PDSO network in Scotland commented;

“We were absolutely delighted to welcome the Minister to our Glasgow office yesterday, where he was able to witness first hand the excellent work being carried by our team. PDSO Glasgow has had significant success in adopting a holistic approach in the representation of accused, both in terms of court disposal and diversion from prosecution. It is an integral part of an important network providing quality, legally aided advice and representation and filling gaps in legal and social provision.”

He concluded;

“Over the last three years there has been a three fold increase in the number of more serious cases dealt with by PDSO. PDSO Edinburgh has demonstrated clearly that its operation has led to a significant saving to the legal aid fund and we would aim to replicate this cost effectiveness across the PDSO network, as our newer offices mature. The Deputy Minister’s announcement is very welcome and we look forward to working with the Scottish Executive to develop a network that further ensures the availability of an accessible, user friendly and efficient public defender service throughout Scotland.”

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Notes to editors

1. Copies of the Deputy Minister’s full speech are available on request.

2. Criminal legal assistance currently accounts for over 72% of legal aid expenditure - £109 million of the £152.4 million legal aid budget for 2004/2005.

3. When the first PDSO opened in Edinburgh in 1998, it was the first public defender service in the UK. Two more offices in Inverness and Glasgow opened in 2004.

4. PDSO in Inverness is the sole, standing duty solicitor for the Orkney Islands, meeting an unmet need for criminal legal assistance.

5. For more information on the PDSO please visit www.pdso.org.uk

6. 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.

7. 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.

8. For more information on the Scottish Legal Aid Board, visit the Board's website www.slab.org.uk