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What's new
This section of our site will help to highlight
the recent changes to our site, by giving you a list in date order
of information for the legal profession that we have added.
You can view the list of material available on the
site in the mailshots area.
LATEST
Advice and assistance reform 2007
Update 4 - 13 March 2007
Remember - our advice and assistance reform section keeps you up to date with all information on the changes being made from 1 May 2007 - visit now
This update provides details about this phase of the reforms, including details of the:
- major changes in civil advice and assistance, which will come into force on 1 May 2007
- new civil and criminal advice and assistance application and increase forms which will come into use on 1 May 2007
- local seminars which we are holding in March and April 2007 to inform you about the changes.
- services available through Legal Aid Online which can bring benefits to your firm for how you deal with applications and accounts.
The update also contains information for civil legal aid practitioners on changes to eligibility rules on pension credit which come into effect on 9 April 2007 where delaying applications for certain clients may benefit them.
Read more in a pdf of the update - or visit our advice and assistance reform section to book a place at a seminar and find out more.
Advice and assistance
1 February 2007: Guidance on applying the financial eligibility tests for advice and assistance - this letter to all practitioners provides guidance on how they should determine their client’s financial eligibility including the importance of seeing documentary evidence to verify their client’s eligibility. It also outlines forthcoming changes to the advice and assistance forms which will assist this process. Read the letter.
Civil legal assistance
1 February 2007: Civil legal aid fee changes - this letter to civil practitioners provides guidance and details on the changes being made to civil fees from 10 February 2007. Read the letter.
24 January 2007: Letter to all civil legal assistance practitioners about some important developments in civil legal aid and civil advice and assistance:
- important changes to the operation of block fees from 10 February 2007
- the reforms to civil advice and assistance are expected to be implemented from 1 May 2007
- changes to quality assurance to reduce bureaucracy in administrative audits.
Annual Report 2005-2006
20 December 2006: The Board's annual report for 2005-2006 is now available. We will be sending legal aid firms a copy of our Annual Review. You can read the review, report and access payments made information on our website in our annual report section.
New children's advice and assistance forms - December 2006
New forms for children's advice and assistance are now being sent to practitioners. They can be used immediately and must be used from 22 January 2007.
Read the:
Consultation on Revisions to the Code of Practice for Criminal Legal Assistance
Under Part V of the Legal Aid ( Scotland) Act 1986, both solicitors and firms wanting to provide criminal legal assistance require to be registered with the Board and comply with the Code of Practice for Criminal Legal Assistance. The Code enables the Board to monitor the quality of criminal legal assistance work carried out in Scotland and to ensure that the considerable sums spent on criminal legal assistance is being properly spent. Because of reforms and changes in legal aid, we now wish to update the Code.
We are inviting comments on the revisions to the Code be submitted to us by 19 January 2007. You can read:
If you wish to request a printed copy, please contact the Board’s Communication office on 0131 240 1985, or email code_consultation@slab.org.uk
Solemn fee increase 16 November 2006: payment of backdated sums due
This letter to all compliance partners at criminal firms details how to claim backdated amounts. The letter also includes guidance on completing the new claim form. Read the letter.
The letter also includes the form RET/SL/INC - Retrospective solemn fee increase claim form. This is an interactive pdf form which can calculate the amount to be claimed.
The fees regulation is available as the 2006 Scottish Statutory Instrument no 515 on the Office of Public Sector Information website in pdf format or as a web page.
PDSO network expansion
The Scottish Executive has announced that the PDSO network will expand. New offices will open in 2007 in Dundee, Aberdeen, Falkirk, Ayr, Dumfries and Kirkwall, building on the current network based in Edinburgh, Glasgow and Inverness. Read the Executive's news release and the Board's release.
Civil legal aid contribution changes
26 Septemember 2006 We have issued a l etter to all civil legal aid practitioners about significant improvements to the payment of income-based contributions in civil legal aid cases, effective 2 October 2006. The letter also highlights the advantages of estimating the legal aid costs of a civil case. It also includes details of changes for two of our legal aid information leaflets to reflect the new contribution payment periods. Read the letter including the leaflet text update.
Legal aid reform
7 September 2006 The Deputy Minister for Justice has announced significant changes to legal aid and advice during a Scottish Parliament debate. Read:
Board sponsors Trainee of the Year award
The Board is sponsoring Trainee of the Year at the Law Awards of Scotland 2006, run by the Firm Magazine. You can read more about the awards on their website.
Over the next few years the Board wants to promote a strong and empowered supplier base that delivers quality services which effectively meet clients’ needs. We also want to help encourage the next generation of lawyers to work in legal aid. We are developing a communication and training strategy to help and support firms that undertake legal aid work. By sponsoring the Trainee of the Year award we hope it will assist highlight the rewarding opportunities available in legal aid work enabling people access to justice.
17 August 2006 - the Scottish Executive have announced four appointments to our Board - read the Executive news release
Update for all practitioners on legal aid for adults with incapacity and mental health cases - 26 July 2006
There were a number of important changes to legal aid legislation in 2005, affecting adults with incapacity and mental health cases. On 1 August 2006, the requirement to assess financial eligibility for some types of civil legal aid applications will change. This update provides solicitors with guidance on providing advice or representation for adults with incapacity and mental health cases.
Latest mailshots to criminal practitioners - June 2006
Duty plans 2007
This mailshot to all criminal legal aid practitioners provides information about how to apply to be on the 2007 duty plans. You can read more in mailshots.
Summary Justice Pilot courts in Grampian and West Lothian
This mailshot for criminal practitioners contains information about legislative changes effective 12 June 2006 concerning pilots courts in Grampian and West Lothian. It also contains guidance on how to complete application forms for these cases. Read the letter.
New Chairman and Board Members
April 2006 - Scottish Ministers have appointed a new Chairman and Board Members from 1 April - read more about our current board
Keycard and other legal aid changes
This letter to all legal aid practitioners contains information on revised financial eligibility limits effective 10 April 2006 and changes to leaflets and the introduction of a telephone helpline. Read:
Opening times and payment dates over Easter
The Board will be closed on Friday 14 and Monday 17 April. Payment dates for solicitor firms and others will be 13, 19, 21, 26 April.
Scottish Legal Assistance Handbooks - March 2006
New editions are now available online. You can use the Handbooks or subscribe to receive them.
Mailshot to all practitioners - 30 March 2006 - about vulnerable witnesses and legal aid forms - read the mailshot (pdf)
Civil advice and assistance reforms
Changes to civil advice and assistance have been delayed. Read update 2 (17 March) for more details. Visit our section on the reforms to read the latest updates.
Civil legal aid - January 2006
We are introducing new civil legal aid forms in January 2006. The civil forms section provides you with the updates issued to civil practitioners about the changes. You can also access the new pdf forms, and guidance for completing them.
Criminal legal aid - 29 December 2005
Changes to the sanction procedures for junior counsel in High Court cases come into effect in January 2006 - read the mailshot to criminal practitioners and the enclosed new guidance.
Annual Report 2004-2005
21 December 2005
Changes to the legal aid system are making it more effective for people who want access to justice, according to our Annual Report 2004-2005. 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 Board reports that 428,821 grants of legal aid were made, which was 3% lower than the previous year. However, the cost to taxpayers of funding legal aid grew 4% last year to £152.4 million, the highest ever level. The rise is mainly because of an increase in the number of grants and costs of criminal legal aid.
Read the annual report, news release and payments made information.
Civil advice and assistance reforms
Changes to civil advice and assistance will be made in March 2006. Visit our section on the reforms to read the latest updates.
Update 1 - 19 December - outlines the changes and details a series of information seminars being held in January
Subscribe now for the new Scottish Legal Assistance Handbooks
We are now seeking subscribers for the new edition of the revised Scottish Legal Assistance Handbooks. The Handbooks will be our principal online source for all guidance on legal assistance, and will be provided free of charge. You can read:
- more about the Handbooks
- view the draft Civil Legal Assistance Handbook
- subscribe online
Find out more now >>
October 2005 - Recorder issue 42 published
Read now in pdf format
2 September 2005 Civil legal aid applications
This letter to all civil legal aid practitioners gives an update on the substantial progress towards dealing with all civil cases within our normal timescales. The letter also includes a revised list of civil legal aid category codes. Read the:
12 August 2005 Civil legal aid applications and letters of engagement
This letter to civil practitioners provides an update on the substantial progress being made in considering civil applications following the introduction of our new computer system.
It also provides information on the arrangements for using legal aid leaflets in support of requirements that solicitors provide letters of engagement to their clients, and to provide an interim version of a new leaflet, “Advice and assistance – what you may have to pay if you win or keep money or property after your solicitor has given you advice and assistance.”
25 July 2005 Duty plans 2006
This mailshot to all criminal legal aid practitioners provides information about how to apply to be on the 2006 duty plans. You can read:
13 July 2005 Legal Aid Online
We are inviting solicitors to come and see Legal Aid Online at local demonstration events. You can:
4 July 2005 Civil legal aid applications - letter to all civil practitioners about progress in processing cases and improvements to civil applications as a result of the new system - read the letter
30 June 2005 Letter to all firms about legal aid arrangements for the G8 summit - read
17 June 2005 "Advice for All: Publicly Funded Legal Assistance in Scotland - The Way Forward" Scottish Executive consultation published 17 June 2005
The Board is committed to improving and developing legal advice in Scotland that is funded by the taxpayer. These are important public services. Therefore we welcome very much this timely consultation setting out a range of changes that can offer someone seeking help with a legal problem an improved Scotland-wide legal advice service that is accessible, high quality and delivers good value for the taxpayer.
You can read:
Further information on the strategic review and background information is available on our site.
10 June 2005 Civil legal aid applications
Letter to all civil practitioners about implementation of our new computer system
8 June 2005 Corporate Plan 2005-2006
31 May 2005 The Recorder issue 41 published
Related information:
7 April 2005
Keycard and other legal aid changes
This letter to all legal aid practitioners contains information on a range of legal aid changes, as listed below, including revised financial eligibility limits effective 11 April 2005. Read:
Annual Changes to Financial Limits – effective 11 April 2005
- Changes to Capital Eligibility Limits
- Changes to Income Eligibility Limits
- Increase in “Clawback” limit
Administrative Changes
Advice and Assistance: General
- Advice and Assistance: whether civil, criminal or children’s matter and whether it relates to one or more distinct matters
- “Other rights and facilities” extended to advice and assistance
Criminal Legal Assistance
- New Tables of Fees for counsel in criminal proceedings
- New Fixed Payments for adjourned trial diets where no evidence is led
- ABWOR for representation of obstructive witnesses
Civil and Children’s Legal Assistance
- Future recovery of payments made under the “solicitor hardship” provisions
- Increase in civil and children’s advice and assistance and ABWOR fees
- Power of Board to obtain information from assisted persons and applicants for civil legal aid
- Council Directive on cross-border disputes: modified application requirements
- Special urgency cover for review of decision of Asylum and Immigration Tribunal
- New ABWOR provisions for Asylum and Immigration Tribunal
30 March 2005
This letter to all legal aid practitioners contains advice and assistance guidance– seeking requests for increases in authorised expenditure and guidelines on Vulnerable Witnesses – sanction in legal aid cases – effective 1 April 2005. Read:
In addition, you can read all advice and assistance guidance on seeking requests for increases in authorised expenditure (includes previously published guidance.)
27 January 2005 - Guidance on mediation in non-family cases - this document published only on our website, combines information previously published in The Recorder - read the guidance
20 January 2005 - Criminal legal assistance quality assurance
Read about peer review in criminal legal assistance.
29 December 2004 - Letter to all criminal legal aid practitioners contains guidelines about:
You can also read the covering letter or read all of the mailshot.
8 December 2004 - Criminal Legal Assistance Register - new edition published
3 December 2004 - Scottish Executive announce consultation on reform of civil advice and assistance
Read more about the planned changes and the consultation and access the consultation documents.
29 October 2004 Strategic Review of legal aid, advice and information - report has published by the Scottish Executive. Read more.
Speaking at the joint Legal Aid Conference on 29 October, Depute Justice Minister Hugh Henry MSP announced:
- Reform of advice and assistance on civil matters ensuring tighter and more efficient procedures allied with greater clarity for the clients on eligibility and the advice available
- Closely associated with these efficiency measures, an increase in fees for substantive advice and assistance work from April 2005, in line with the increase in civil legal aid fees brought forward in late 2003
- Free legal aid to be available for welfare guardianship proceedings under the Adults with Incapacity Act 2000
You can read the announcement in the Scottish Executive's news release.
26 October
2004 The Recorder issue 40
30 July 2004 Further guidance
A letter to all legal aid practitioners contains
guidance about:
1. Advice and assistance applications under Regulation
16(3)
2. Guidelines for civil legal aid applications to pursue and defend exclusion
orders
Read the
mailshot. You can also read a copy
of the updated Civil
Legal Aid Merits Manual.
8 July 2004 Duty Plans
This mailshot
to all criminal legal aid practitioners provides information
about how to apply to be on the 2005 duty plans. You can read:
30 June 2004
Mailshot about
a number of regulations which have come into force
The mailshot includes information on advice and assistance,
children's legal aid and criminal legal aid. The
mailshot includes detailed guidance and also includes:
* New ABWOR Table of Fees;
* New advice & assistance Table of Fees;
* Latest version of Schedule 1 Part 1, the Table of Fees attached to the fixed
payment regulations; and
* New Schedule 1 criminal legal aid detailed Table of Fees (amended for solemn
cases)
You can read the regulations that were laid in the Scottish Parliament
on the HMSO website by clicking on the following links:
23 June 2004 Memorandum
of Understanding - between the Scottish Legal
Aid Board and the Law Society of Scotland about civil and
children's legal assistance.
16 June 2004 - Mailshot 11 Registration
This mailshot has been sent
to the head office of firms on the provisional civil register
who had not responded to mailshot 10, to remind them to return
their registration form by 25 June. Read:
Proposals for the Review of Summary Criminal Legal
Assistance
10 June 2004 - The
Board has published our discussion paper on proposals for the
review of summary criminal legal assistance. We invite you to
comment on the report and its recommendations by 16 July 2004. Read
more, including reading a copy of the report.
8 June 2004 - New forms and guidelines
for applications under Regulation 16(3) of the Advice and Assistance
(Scotland) Regulations 1996 (commonly known as “hardship
applications”)
- effective 21 June 2004
This mailshot, sent to all legal aid
practitioners, covers new procedures for advice and assistance
applications under Regulation 16(3), and encloses copies of new
forms and guidance. The new forms should be used from Monday 21
June 2004. Read:
1 June 2004 Mailshot
10 Registration for civil legal assistance and children's legal
assistance
This mailshot includes:
- an update on civil reform issues, including
information on an interim fees increases for civil advice and
assistance, and information on children's legal aid, including
uplifts in fees in certain cases
- information on registration requirements
for civil legal assistance, which are effective from 1 July
2004
- information on children's legal aid and
the arrangements for registration
The mailshot sent to
the head office of all firms on the provisional civil register
or criminal register included a pre-printed form with details
of the firm included on it. A letter without the form has been
sent to firm's branch offices. This form should be returned no
later than Friday 25 June. Read the
letter or download a copy of the
form.
27 May 2004 The
Recorder, issue 39
It contains a range of guidance and
information for legal aid practitioners. This edition also includes
an article by Justice Minister Cathy Jamieson MSP on modernisation
of legal aid and interim fee increases.
17 May 2004 Opportunities for
access - Corporate Plan 2004-2006
The commitment to improving and developing
legal aid in Scotland to provide greater opportunities for access
to justice is central to the strategy announced today by the Board
when we published our Corporate Plan 2004-2006. Read the
letter to all legal aid firms or view the Corporate
Plan (pdf).
13 May 2004 - Advice and assistance increases guidance
- letter to all practitioners
As a step towards simplifying the process
for seeking requests for increases in authorised expenditure in
a number of areas, we have been considering introducing further
guidance notes for certain increase requests. This approach provides
greater certainty as to the subject matter of the increase request
and reduces administration for both the solicitor and the Board.
In August 2003 we issued guidance notes dealing with immigration
and asylum cases. We have now prepared guidance notes covering reparation
claims, family law matters and Employment Tribunal cases. Read:
5 April 2004 - Eligibility
limits mailshot to the profession
STRATEGIC REVIEW OF LEGAL AID,
ADVICE AND INFORMATION - March
2004
Information about the review and its
progress are detailed in a new section on our site. Read
more.
CIVIL REFORM MAILSHOT 9 - REGISTRATION
AND PEER REVIEW - 24
February 2004
To further streamline the transition to the new system,
two changes to the registration and peer review processes have been
agreed:
- the full register will become operational
and the administrative and peer reviews commence on 1 July 2004,
rather than 1 April 2004
- the review process will follow a
three year cycle, as opposed to a two year cycle.
Read the full details in the letter
issued to all civil legal assistance practitioners.
Guidelines for the ten administrative
requirements - 19 February 2004
View or download the guidelines in
the following formats:
- web
page
- pdf
file that you can print out
- Microsoft
Word format. Microsoft Word is a word processor/
document authoring program. Other word processors may be able
to open MS Word files, although they may show formatting or page
layout slightly differently. If you do not have Microsoft Word,
then a free
viewer program is available from the Microsoft web site so
you can open and view Word documents.
NEW LEGISLATION HANDBOOK EDITION
NOW AVAILABLE - 6 February 2004
The Scottish Legal Aid Handbook is
the key reference text for legal aid practitioners, containing guidance
and legislation and regulations. The current printed edition was
published in April 2001 and we are currently working on a new edition
in a different format that will be published in spring 2004. Full
details of the planned publication will be made available shortly.
To assist the profession, we
are publishing only on our website updated
legislative sections of the Handbook.
Payment on account of fees form - 16 January 2004
This form is available on a pilot basis and will be availble from
our printers soon - please contact us to get a small supply of printed
forms for use in teh next month. You can view
Improved search - 14 January 2004
We have implemented two different search services
on our site, including Google, to help you find the information
you need.
Improving
our online information - 22 December 2003
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