Justice in crisis as lawyers claim they’re paid less than plumbers
LAWYERS are threatening to boycott a scheme that provides legal advice to suspected criminals amid a row over money.
They claim they have been offered ‘rates a plumber wouldn’t accept to get out of his bed at night’ to assist at police stations during anti-social hours.
Legislation coming into effect on July 20 means Scottish police cannot question suspects without allowing access to a lawyer.
Under the new system, duty solicitors will be paid £153 in legal aid during anti-social hours – a plumber charges £300 for a two-hour visit during such times, according to research by the Law Society of Scotland.
Lawyers have also hit out at a threat by the Scottish Legal Aid Board (Slab) to deregister solicitors who fail to abide by a strict new code of practice – arguing it imposes ‘unrealistic burdens’.
The row threatens to throw Scotland’s under-pressure criminal justice system into chaos.
Bar associations in Edinburgh, Glasgow, Paisley, Dumbarton, Dunfermline, West Lothian and the Borders have refused to sign up to the proposed scheme.
The new law follows a Supreme Court ruling on the appeal of Peter Cadder, from Glasgow, who in 2009 was found guilty of assault. Appeal judges said the established police practice in Scotland of interviewing suspects without a solicitor present infringed their human rights.
The new law is likely to mean requests for a solicitor spike – unofficial Police Scotland figures suggest they will almost double from 2,000 to 3,800 a month. Ian Moir, co-convener of the Law Society of Scotland’s Criminal Legal Aid Committee, said: ‘The figures remain wholly inadequate and accordingly the package as a whole is unacceptable to the vast majority of faculties.’
Criminal lawyers believe there could be a 350 per cent increase in people seeking advice by phone or in person.
Mark Harrower, of Edinburgh Bar Association, said: ‘These major changes need to be adequately funded and addressed as part of the review of the legal aid system as a whole in order to ensure that the private sector can cope with them.’
Another lawyer, who asked not to be named, said: ‘The impact these changes will have on our quality of life if we were to attempt to cover this area of work will be enormous. If Slab feel the work can be done so cheaply, let them sort it out.’
A Slab spokesman said: ‘We will now be working closely with solicitors to address any concerns they may have raised to ensure that they keep providing this important service and people detained by the police have access to legal advice.
‘We will continue discussions with solicitors to clarify misunderstandings about the terms of the draft code [of practice].’
The Scottish Government said: ‘We are in discussions with the Law Society on the fee proposal for police station duty and that will continue. An independent review of legal aid is taking place which will take a long-term and strategic look at the system.’
‘Figures remain wholly inadequate’