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You are at:Home»Holyrood»Law & Order»Improving Access to Justice

Improving Access to Justice

JamieBy Jamie28th February 20259 Views4 Mins Read Law & Order
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Discussion Paper on Further Reforms to Legal Aid

Reforms to legal aid have been set out to make the system simpler and easier for both solicitors and those who need legal assistance – along with longer-term proposals for funding and improving the delivery of services.

Actions set out in a discussion paper will simplify the funding system and build on recent improvements to reduce the amount of information needed during the application process.

Regulations will be brought forward by the end of this year to remove the eligibility tests for children in all cases before a Children’s Hearing. Improvements will also be made to the fee structure for serious criminal cases, which will better reward the work needed to resolve cases in advance of a potential jury trial.

Legal aid funding has increased by 25% in the five years since 2019, with expenditure last year of £151 million, which met all approved application costs. A further £14.2 million has been approved in the Budget next year to meet rising costs.

Research will also be commissioned to inform a review of current legal aid fee levels. This will help with the development of a regular fee assessment mechanism to ensure a fair and sustainable system of payments and fees.

In addition, a longer-term programme of work will begin with stakeholders, including law firms, third sector organisations and service users, to consider more fundamental changes to the structure, funding and delivery of legal assistance to build a system that is fit for the future. This will inform the development of future legislation.

We have set out reforms to improve the legal aid system in Scotland.

The changes will benefit both solicitors and those who need legal assistance.

Read more: https://t.co/49fsahcvDd pic.twitter.com/5vao0Ztq5M

— ScotGov Justice (@ScotGovJustice) February 27, 2025

Scotland has one of the most comprehensive legal aid systems in Europe that provides an uncapped, open-ended and demand-led approach to legal assistance.

Legal professionals across the country work hard to deliver legal aid and I recognise that further reforms are needed to ensure Scotland has a modern and responsive system where services can continue to be provided as efficiently as possible, where and when they are needed.

We will take immediate action to further streamline and improve the application process, reducing the burden on both solicitors and those who need legal services so funding is provided as quickly and easily as possible.

A review of legal aid fees will help develop regular assessments to ensure the system remains fair and sustainable. Longer-term we will consider with stakeholders what more fundamental changes can be made to best develop a legal assistance system fit for the future.

I look forward to engaging and discussing these proposals with law firms, third sector organisations and, crucially, service users themselves so legal aid continues to best serve those who use and need it.

MINISTER FOR VICTIMS & COMMUNITY SAFETY, SIOBHIAN BROWN

In the Journal, our Chair William Moyes says legal aid supports an extensive network of committed providers to deliver help to thousands across Scotland – but that does not mean all needs are being met, or that the system operates as smoothly as it could https://t.co/ov7vjoR7VL

— SLAB (@ScotsLegalAid) January 20, 2025

This paper is an important next step in the journey to redesign the legal aid system to meet the needs of the people of Scotland for decades to come.

“We will be working with the Scottish Government, the legal profession and advice sector in 2025 and beyond to help make the vision set out in the paper a reality.

BILL MOYES, CHAIR OF SCOTTISH LEGAL AID BOARD

Background

The Scottish Government’s legal aid reform discussion paper

The legal aid system provides publicly funded legal advice and representation in court for those most in need.

Recent improvements in the legal aid application process to reduce the need for information during the application process include the increased use of block fees and a simpler online application process.

The above reforms are in addition to the announcement made by the Cabinet Secretary for Justice and Home Affairs on 23 January 2025 that free, non means tested legal aid support will be provided for bereaved families participating in deaths in custody Fatal Accident Inquiries.

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Jamie
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I’m Graeme’s Parliamentary Assistant at Holyrood, but I also support his constituency work alongside my Angus-based colleagues. I joined Graeme's team in 2019, having previously worked for an MP up in my native Aberdeenshire and in fundraising roles in the education and third sectors.

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About
About

Graeme Dey is the the Member of the Scottish Parliament for Angus South Constituency.

Having worked for The Courier newspaper for 26 years, Graeme was elected to Holyrood in 2011.

In March 2023, Graeme was chosen by First Minister Humza Yousaf to be Minister for Higher and Further Education; and Minister for Veterans.

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