To manage and improve continuously publicly funded legal assistance and to advise Scottish Ministers on its strategic development for the benefit of society
Our strategic objectives are:
By fulfilling our Purpose and Strategic Objectives, both we and legal aid will better contribute to the achievement of Scottish Government aims, an efficient justice system and improved outcomes for those who need services supported by legal aid.
This governance and accountability framework document sets out the broad framework within which we operate and defines key roles and responsibilities which underpin the relationship between us and the Scottish Government.
Our work is overseen by a board, whose members are appointed by Scottish Ministers.
The Board’s main roles are to set our strategic direction and oversee our finances and performance.
The number of board members can vary between 11 and 15. To provide a balanced range of knowledge and experience, they include people from the wider community as well as solicitors and advocates.
Our standing orders set out how the business of the board and its committees operate.
Ministers in the Scottish Government:
The Scottish Parliament makes and changes legislation – including the tests for granting legal assistance. These tests are then applied to every single case.
In advice and assistance solicitors apply the tests.
For civil, criminal and children’s legal aid, we apply the tests.
The budget for the Legal Aid Fund is different from many other public services: it is not a capped amount.
Since the Legal Aid Fund is uncapped this means we never have to refuse someone legal aid because there is no money left to pay for their case.
Legal assistance is available from private practice solicitors, law centres and solicitors employed by us in the Public Defence Solicitors’ Office for criminal cases and in the Civil Legal Assistance Offices for civil cases.
Private practice solicitors are paid on a case by case basis from the Legal Aid Fund. Employed solicitors are paid a salary as employees of SLAB.