Discussion paper on further reforms to legal aid
system.
Reforms to legal aid have been set out to make the system simpler
and easier for both solicitors and those who need legal
assistance – along with longer-term proposals for funding and
improving the delivery of services.
Actions set out in a discussion paper will simplify the funding
system and build on recent improvements to reduce the amount of
information needed during the application process.
Regulations will be brought forward by the end of this year to
remove the eligibility tests for children in all cases before a
Children's Hearing. Improvements will also be made to the fee
structure for serious criminal cases, which will better reward
the work needed to resolve cases in advance of a potential jury
trial.
Legal aid funding has increased by 25% in the five years since
2019, with expenditure last year of £151 million, which met all
approved application costs. A further £14.2 million has been
approved in the Budget next year to meet rising costs.
Research will also be commissioned to inform a review of current
legal aid fee levels. This will help with the development of a
regular fee assessment mechanism to ensure a fair and sustainable
system of payments and fees.
In addition, a longer-term programme of work will begin with
stakeholders, including law firms, third sector organisations and
service users, to consider more fundamental changes to the
structure, funding and delivery of legal assistance to build a
system that is fit for the future. This will inform the
development of future legislation.
Minister for Victims and Community Safety said:
“Scotland has one of the most comprehensive legal aid systems in
Europe that provides an uncapped, open-ended and demand-led
approach to legal assistance.
“Legal professionals across the country work hard to deliver
legal aid and I recognise that further reforms are needed to
ensure Scotland has a modern and responsive system where services
can continue to be provided as efficiently as possible, where and
when they are needed.
“We will take immediate action to further streamline and improve
the application process, reducing the burden on both solicitors
and those who need legal services so funding is provided as
quickly and easily as possible.
“A review of legal aid fees will help develop regular assessments
to ensure the system remains fair and sustainable. Longer-term we
will consider with stakeholders what more fundamental changes can
be made to best develop a legal assistance system fit for the
future.
“I look forward to engaging and discussing these proposals with
law firms, third sector organisations and, crucially, service
users themselves so legal aid continues to best serve those who
use and need it.”
Bill Moyes, Chair of the Scottish Legal Aid Board, said:
“This paper is an important next step in the journey to redesign
the legal aid system to meet the needs of the people of Scotland
for decades to come.
“We will be working with the Scottish Government, the legal
profession and advice sector in 2025 and beyond to help make the
vision set out in the paper a reality.”
Background
The Scottish Government's
legal aid reform discussion paper
The legal aid system provides publicly funded legal advice and
representation in court for those most in need.
Recent improvements in the legal aid application process to
reduce the need for information during the application process
include the increased use of block fees and a simpler online
application process.
The above reforms are in addition to the announcement made by the
Cabinet Secretary for Justice and Home Affairs on 23 January 2025
that free, non means tested legal aid support will be provided
for bereaved families participating in deaths in custody Fatal
Accident Inquiries.
