Law Society of Scotland
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Solemn Criminal Legal Aid

Solemn Undue Hardship Consultation

In February 2010, the Scottish Legal Aid Board opened a consultation on the undue hardship test in solemn criminal applications. The Society's negotiating team has considered the Board's proposals; while there are a number of areas of agreement, the Society believes that such a test would create a disproportionate, inefficient, bureaucratic system contrary to the current aims of criminal justice reform. The Board's consultation paper and the Society's response can be downloaded from this webpage.

Proposed Solemn Regulations

Scottish Government have drafted new solemn regulations - the Criminal Legal Aid (Scotland) (Fees) Amendment Regulations 2010.  During negotiations, the Society's negotiating team successfully lobbied to preserve the right for a solicitor to precognise at an enhanced rate, and to ensure that an enhanced rate of payment is available for both stages of VIPER identity parades in solemn cases. The draft Regulations can be downloaded from this webpage.

To find out more about the Society's work on solemn Legal Aid, contact Andrew Alexander on 0131 226 8886.

Page last updated: 12 May 2010.