Massive review calls for some legal aid fees to be ‘adjusted’

An independent review of Scotland’s legal aid system has recommended some fees should be “adjusted” – although added it was “impossible” to find evidence supporting an overall increase in the charges.

A total of 67 recommendations are made in the review, with the aim of making the system simpler, more user-focused and flexible, as well as sustainable and costeffective.

The bill for criminal and civil legal aid assistance amounted to around £136 million in 201617, with spending in this area falling from £161m in 2010-11.

Scotland has the third highest level of legal aid spending per person in Europe, although expenditure in this area is less than 0.5% of the country’s overall public spending.

Carnegie UK Trust chief executive Martyn Evans, who chaired the review, said it set out a 10-year vision for the system.

On the fees issues, Mr Evans said he had not been able to find “persuasive evidence” there should be a general increase in all legal aid fees – saying this would “benefit some already very well-rewarded practitioners”.

However, he argued the way fees are set “could be improved greatly”, calling for an evidence-based approach to be agreed between the Scottish Government, the Scottish Legal Aid Board, the Faculty of Advocates and the Law Society of Scotland.

Mr Evans said: “Fees for legal aid are a highly-contentious issue and I heard many views on the topic.

“I conclude there may well be something in the case that some fees, in some circumstances and in some areas should be adjusted.”