Government to legislate on criminal legal aid

The Scottish Government has introduced a new Bill to the Scottish Parliament as part of its four-year ‘Making Justice Work’ Programme. The Scottish Civil Justice Council and Criminal Legal Assistance Bill is the first in a series of legislative measures to be taken forward under the programme.

The Bill marks the Scottish Government’s commitment to two justice priorities:

• The establishment of a Scottish Civil Justice Council to replace the Court of Session Rules Council and Sheriff Court Rules Council.
• The introduction of financial contributions in ‘criminal legal aid’ for those who can afford to pay, in order to protect access to justice for those who can’t afford to pay.

Justice Secretary Kenny MacAskill said:

“On legal aid, the Scottish Government believes that it is right and proper that those who can afford to pay towards the cost of their legal defence costs do so.

“We shouldn’t have a system where those who can afford to contribute to the cost of their legal fees get taxpayers’ cash at the expense of those who simply cannot afford to pay. The Bill will ensure this isn’t the case. It will also deliver up to £3.9m of savings on the legal aid budget that will contribute to maintaining the current scope of legal aid in Scotland for those who need it most, protecting access to justice.”