Edinburgh solicitors step up criminal legal aid protest action

Edinburgh Bar Association solicitors have voted to cut back further on the legal aid work they are willing to take on, by deciding not to accept court appointments in summary cases where the accused is prohibited from carrying out their own defence.

The EBA has already been boycotting the Scottish Legal Aid Board’s police station duty scheme, since new legislation came into force in January, and since September has withdrawn from the justice of the peace court duty rota.

EBA members claim the legal aid rates paid are uneconomic and is trying to bring pressure to bear on the Scottish Government for a general increase on rates.

People charged with domestic abuse or sexual offences are not allowed to cross-examine witnesses, and the court can appoint someone to act for them if they have no other legal representative.

EBA President Leanne McQuillan said the association had "chosen to make a point" about this form of work because it was paid at rates that had been fixed in 1992 – £42.20 an hour.

A review of the legal aid system under Martyn Evans, published in February, reported that it had failed to find evidence to justify a general increase in legal aid rates, but in recommending other reforms called on the Government to undertake a further study of rates. Ms McQuillan commented: "We don't think there's anything wrong with the system; it's just completely underfunded."

The Scottish Government has promised to give its full response to the review this autumn.