Strategic review of legal aid, advice and information

PROPOSED TERMS OF REFERENCE AND PROCESS

1. Terms of reference
To carry out a Strategic Review of the delivery of legal aid, advice and information in Scotland, including the role of the Scottish Legal Aid Board, in the context of Scottish Ministers' commitment to modernise legal aid, streamline criminal justice and pursue an active access to justice agenda for the benefit of the citizen, and taking into account the report of the inquiry on legal aid of the Justice 1 Committee.

The Review will focus on:

• the purposes and objectives of legal aid, advice and information in the context of the modernising justice agenda, and the roles, responsibilities of and relationships between the various stakeholders
  
  
• the steps that are necessary to implement the Minister for Justice's policy to modernise legal aid and deliver a national framework for legal advice and assistance, and the role of the Scottish Legal Aid Board within that
  
• the respective responsibilities and working arrangements between the Scottish Executive Justice Department and the Scottish Legal Aid Board, focusing on strategic leadership and governance, and financial and other accountability, as well as links to other relevant parts of the Scottish Executive and the wider public sector
  
• the steps necessary for all parties to promote best value in the delivery of legal aid, with a particular focus on current pressures on criminal legal aid
  
• the scope for streamlining legal aid legislation
  
• the development of the Board's operations, and the resourcing and powers of the Board needed to deliver future priorities in the light of Best Value principles
  

2. Process

The Review will be carried out by a team from Scottish Executive Justice Department and Scottish Legal Aid Board. The team will consult both internal and external stakeholders at an early stage in the Review.

The Review will make recommendations to Scottish Ministers and SLAB. The Review will be advised by a Reference Group chaired by the SEJD Head of Civil and International Group. The review period will run from December 2003 to May 2004.

The Review will be carried out in line with the principles of Best Value in the wider public sector. It will also be influenced by the development of guidance on processes developed specifically to examine delivery on policy objectives.

Published 1 December 2003

This information is also available on the Scottish Executive's website.

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