SLAB denies funding restrictions in extradition cases
There has been no reduction in the availability of legal aid in extradition cases, the Scottish Legal Aid Board stated today.
The Board was responding to a Faculty of Advocates submission to a House of Lords select committee on extradition law, published yesterday, which claimed that there had been a "major reduction" in the availability of legal aid at both sheriff court and appeal level, resulting in inexperienced practitioners defending extradition hearings (click here for report).
Faculty acknowledged that it did not have the statistical evidence to back up its statement, and the Board says that had it been asked, it could have provided information that would have "shown clearly" that there is no reduction in availability.
A statement from the Board continued: "Most applications for legal aid for extradition cases are granted. Our grant rates have not changed in sheriff court cases." In each year since 2011, the proportion of applications granted for sheriff court proceedings has remained at 85% or 86%; for appeal hearings, 18 out of 19 applications were granted in 2011-12, 13 out of 16 in 2012-13, and three out of five in 2013-14.
"In the initial sheriff court proceedings, the Board added, "there are a number of solicitor firms in the Edinburgh area who regularly deal with these cases, which are all heard at Edinburgh Sheriff Court.
"These firms are well able to deal with these cases themselves and are increasingly doing so without asking for counsel to be involved.
If there are particular complexities involved in a case, we can consider applications for sanction to employ counsel. However, in the majority of cases, solicitors feel able to deal with these cases themselves."
The Board's figures appear to show a declining proportion of applications for sanction of counsel, and of such applications being granted.