Summary Criminal Legal Assistance
Revised Summary Legal Aid Reform Proposals
January 2010
The Society has submitted comments on the Summary Justice Reforms to the Justice Committee of the Scottish Parliament. These submissions have been prepared by the Society's Legal Aid Negotiating Team.
On 26 January the Legal Aid Negotiating team (formerly the Summary Review Group) was invited to give oral evidence on the implementation of summary justice reform to the Justice Committee.
Click here to read the Society's Memorandum of Comments in full.
August 2009
The Society has written to the Scottish Government , commmenting on the draft Criminal Legal Aid (Scotland) (Fees) Amendment Regulations 2009. The Society's response asks for clarification on a number of points and in brief reflects -
1) That the Regulations should implement the agreement which was based on the “Solemn Criminal Reform – Solicitors Fees Report to Scottish Government”.
2) That travel, waiting time and advocacy should be dealt with in the same way as they have been under the Criminal Legal Aid (Scotland)(Fees) Regulations 1989.
3) That general preparation work not prescribed in the block fees would continue to be paid on a time and line basis.
4) Specific comments on other provisions within the Regulations, in particular Regulation 4; Schedule 1, 5(2) and Schedule 1, Part 2, paragraph 3.
Click here to read the response in full.
April 2009
The Society's Review Group met with the Cabinet Secretary for Justice on 27th April, as a follow up from the meeting held in December 2008. Both SLAB and the Scottish Government provided evaluation data to discuss at the meeting. Additionally, the Society accepted the Government's invitation to be represented on the Research Advisory Groups which the latter intends to set up to evaluate the impact of Summary Justice Reforms.
Click here for a summary of the meeting (opens a PDF file).
SLAB's Review and Monitoring of the Reforms of Summary Criminal Assistance document can be accessed here.
The Scottish Government's performance data can be accessed here.
A further meeting was scheduled with the Cabinet Secretary for some time in September.
February 2009
Further to the letter dated 5 February from the Convener of the Legal Aid Solicitors Committee to all criminal legal aid practitioners, please note that due to a low level of interest expressed in attending, the proposed meeting with Faculty representatives to be held on 26 February has been cancelled. Not withstanding that, the offer from the Society’s representatives on the Review Group to visit faculties or to speak to individual members still stands. Those faculties wishing to arrange such a meeting should contact Stuart Drummond at the Law Society of Scotland.
The Duty Solicitor Scheme and the PDSO
Please click here for a letter to the profession from the convener of the Legal Aid Solicitors Committee, which relates to the above matter.
Click here for a paper by SLAB stating their position on the PDSO involvement in the duty plans.
January 2009
Please click here for the Society's Report and Recommendation on Summary Criminal Legal Assistance Monitoring and Evaluation.
December 2008
Please click here for the note of the "Operational Issues" meeting held on 22nd December 2008.
Click here for a brief summary of the meeting with the Cabinet Secretary on 15 December 2008. For the minutes of that meeting, follow this link to the Scottish Government website.
November 2008
Click here for the minutes of the Summary Criminal Legal Aid Monitoring and Evaluation meeting held on 5 November 2008.
The papers referred to in the minutes are as follows:
COPFS Paper
Lord Advocate's letter to the Justice Committee
SJR Monitoring data
The LCJB data paper (paper 4/2008-2a) will be placed on the Scottish Government website in due course. For the moment, the papers from earlier meetings can be accessed here.
September 2008
Click here for the minutes of the Summary Criminal Legal Aid Monitoring and Evaluation meeting held on 2 September 2008. The Scottish Government paper that is referred to at point 12 in the minute can be accessed by clicking here.
Click here for the paper confirming the remit of the Summary Justice Criminal Legal Aid Monitoring and Evaluation Group (the review group). This paper also reiterates the assurances which the Society has received from the Cabinet Secretary and the contents have been authorised by him.
August 2008
A Special General Meeting of the Society was held on Friday 22 August, on a requisition from the Glasgow Bar Association. Click here for a summary report of that meeting.
July 2008
Click here for the minutes of the Summary Criminal Legal Aid Monitoring and Evaluation meeting held on 2 July 2008.
The Society continues to be involved in discussions with the Scottish Government and SLAB. For the most up-to-date developments on Summary Legal Aid Reform please click here.
June 2008
The Society's Summary Review Group has issued a letter to all criminal practitioners updating them on the current developments with the reform process. Please click on the link to the right to view this letter.
May 2008
Click here for the minutes of the Summary Criminal Legal Aid Monitoring and Evaluation meeting held on 29 May 2008. It is our intention to publish all the minutes of this group on the website as and when they become available.
April 2008
The Cabinet Secretary for Justice, Kenny MacAskill, has written to the Law Society of Scotland and representatives from the local faculties setting out the concessions the Scottish Government is prepared to make with regard to the proposed summary legal aid reforms. Please click on the link to the right to view this letter.
March 2008
Following negotiations between the Society, the Scottish Government and SLAB, SLAB has published a consultation paper containing proposals for Summary Legal Aid Reform. You can view the proposals along with the Society's covering letter using the links to the right.
Revision of the SLAB Code of Practice for Criminal Legal Assistance
SLAB are currently examining the provisions of the Code of Practice with a view to updating the content to take account of recent legislative changes. The Society is engaging with SLAB with regard to the review and further details will become available in due course.
