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Reform of legal aid
Introduction
The reform of legal aid is continuing to move forward. We are working with others to modernise the justice system and ensure that the legal aid system meets the needs of applicants, the profession and the courts.
In 2003 there was a successful implementation of the most significant reform of civil legal aid in 50 years, delivered in conjunction with the Law Society of Scotland. In 2005 we expect to see further reforms, to solemn criminal legal aid and civil advice and assistance. Scottish Ministers are modernising the criminal justice system, and as legal aid has a key role in helping the system work effectively, legal aid will need to change with it.
We will be providing information in this legal profession section of our website about legal aid reforms.
Quality Assurance
Quality Assurance – Peer review criteria
The Scottish Legal Aid Board, in conjunction with the Law Society of Scotland and the Faculty of Advocates, are producing quality assurance schemes for solicitors, solicitor-advocates and counsel in criminal cases.
In 2004, the Scottish Legal Aid Board began a pilot project of peer review using the PDSO, the Public Defence Solicitors’ Office. The PDSO provides advice and representation in criminal cases. Anyone entitled to legal aid can use PDSO's services. The PDSO has a team of experienced solicitors who provide high quality advice and legal representation in all criminal matters and has offices in Edinburgh, Glasgow and Inverness. You can read more online about the PDSO.
A set of peer review criteria was produced for the purposes of the pilot scheme. You can read the criteria ( in pdf format). Practising solicitors were appointed as assessors. They assessed live cases conducted by the PDSO’s solicitors. This was a very useful exercise and much was gained from the experience of the assessors in using the peer review criteria. We will be using the information obtained from the pilot project to inform the further work we are conducting with the Law Society and the Faculty of Advocates to produce peer review criteria for both summary and solemn cases. Peer Review in criminal cases will be introduced in Autumn 2005.
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