MSPs vote down Sheriff Appeal Court legal aid rates

Holyrood’s Justice Committee has rejected proposed legal aid rates for solicitors appearing before the new Sheriff Appeal Court.

Concerns had been sparked following the introduction of draft regulations to the Scottish Parliament that would affect the provision of legal aid for solicitors taking on summary criminal appeals.

Solicitors have already declared their intention to boycott the new court, which will sit for the first time next week, saying that defence solicitors arguing appeals will be expected to work at a fee rate first introduced in 1992.   

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MSPs on the Justice Committee have now voted down the Scottish Government's plans by five votes to three, with convenor Christine Grahame abstaining.

Legal Affairs minister Paul Wheelhouse said the Scottish Government was “considering options” following the committee’s refusal to back the changes.

Wheelhouse said: “Throughout this process we have been committed to providing access to justice for all those appearing in the new court and ensuring appropriate remuneration for legal professionals for their work.

“This remains our aim and we believe the regulations, combined with assurances around sanction for counsel, deliver equality of arms and access to high quality representation.

“However, I have committed to SLAB [Scottish Legal Aid Board] and the Scottish Government to review the impact of the regulations over the next six months with a view to further adjustment in due course and with particular focus on the role of solicitor advocates in the new court.”   

Ministers could put the regulations to a full vote of the Scottish Parliament in an attempt to get them through or return to the drawing board. 

Law Society of Scotland president Christine McLintock said the proposed rates of legal aid funding for Sheriff Appeal Court cases would make it “uneconomical” for solicitors to carry out this type of work.

She added: “This would have an enormous impact on access to justice and, had the regulations been passed, we believe they would severely disadvantage people appealing either a conviction against them or an unfair sentence, with the danger being that increasing numbers of unrepresented appellants attempt to reverse a judicial decision on their own.

“There are relatively few summary appeals in Scotland, but we must remember that the courts are not infallible and sometimes the wrong decision is taken.

“Summary appeals work is a very specialised and complex area of law so while the location may have changed from the High Court to a new Sheriff Appeal Court, the work and expertise required has not and the funding for this type of work needs to reflect that.”

McLintock said the Society was committed to working with government and SLAB to have “workable regulations in place as a matter of urgency”.