This information reflects the Society's web site at the date you downloaded or printed it and you should check at www.lawscot.org.uk to see if it is still current.

Legal Aid and Access to Justice

Legal Aid Committees

The Society's Legal Aid Solicitors Committee coordinates and maintains the Society's relationship with the Scottish Legal Aid Board and the Scottish Government in all matters pertaining to legal aid in Scotland. The committee's areas of responsibility include:

  • Civil Legal Aid
  • Civil Advice and Assistance
  • Solemn
  • Summary
  • Solicitor Advocates
  • Criminal Quality Assurance

Access to Justice Committee

The Access to Justice Committee remit encompasses all issues relating to access to justice, not just legal aid. In addition, the Committee has a pro-active agenda and engages with external bodies and organisations.

The eight-member committee, comprising four solicitors and for non-lawyers, provides a unique perspective on access to justice issues. 

Scottish Legal Aid Board (SLAB)

The Scottish Legal Assistance Handbooks are the key reference text for legal aid practitioners, containing guidance, legislation and regulations. They are currently being reviewed and further information can be found on the SLAB website.

Scottish Legal Assistance Handbooks

Criminal Legal Assistance

A list of solicitors registered to undertake criminal legal assistance is maintained by SLAB. In order to carry out criminal legal assistance work, solicitors must be registered with SLAB and must also show that they comply with the Code of Practice.

Criminal Legal Assistance Register

Code of Practice in Relation to Criminal Legal Assistance

Civil Legal Assistance

All firms who undertake civil legal assistance work are also registered with SLAB.

Civil Legal Assistance Register

As part of the current review of the Scottish Legal Assistance Handbooks, a draft Civil Legal Assistance Handbook is now available which is designed to provide guidance and the relevant legislation to the legal profession on all aspects of advice and assistance and legal aid.

Civil Legal Assistance Handbook

Guidance to Legal Profession

SLAB have also issued a number of guidelines and manuals to the profession which are available on the SLAB website.

Guidelines, guidance manuals, category codes and eligibility limits

Advice for All: Publicly Funded Legal Assistance in Scotland: The Way Forward

The Scottish Executive's consultation "Advice for All: Publicly Funded Legal Assistance in Scotland: The Way Forward." represents the first steps in what will be significant reform of the legal aid system. Much of the work of the Committee will flow from these reforms.

The proposals under consideration include:

  • Long term plans to set up a national coordinating body for civil publicly funded legal assistance
  • Shorter term plans to give the Scottish Legal Aid Board more flexible powers
  • Greater consistency between Advice & Assistance, Assistance by Way of Representation (ABWOR) and Civil Legal Aid eligibility criteria
  • Wider roles for non-lawyers in providing legal assistance and a reformed contributions system
  • The introduction of a system of extended and tapered financial eligibility
  • The adoption of measures not directly based on remuneration to encourage private practitioners to undertake criminal publicly funded legal assistance (PFLA) work and encourage new entrants into the system
  • Additional power to enable SLAB to directly employ Solicitors to ensure the provision of criminal PFLA
  • The granting of solemn criminal legal aid transferred from the courts to SLAB

A copy of the Committee's response to this consultation is available to download.