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Clarification on the collection of contributions in A&A
Friday, Dec 14, 2012
The subsuming of A&A into ABWOR and criminal legal aid was introduced as part of Summary Justice Reform in 2008 and is set out in secondary legislation. Under the arrangements, which have been in operation since then, a client who has a contribution for A&A remains due to pay it if the A&A is subsumed into a subsequent grant of summary criminal legal aid. The summary criminal legal aid payment covers all previous work.
This arrangement was also subsequently discussed with the Law Society of Scotland in April 2010.
The suggestion that it is in fact the ultra vires introduction of the proposed Scottish Government legislation in criminal contributions is completely inaccurate. It is not a change of procedure based on the proposed legislation. It has been in place and practise since 2008.
If the A&A contribution was not deducted from the case payment, a solicitor would receive the full amount in addition to the collected contribution. This is not what Parliament intended.
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