SLAB promises changes to draft criminal code

The Scottish Legal Aid Board is to hold meetings over the summer with solicitors and local faculties around Scotland, as it revises its draft Criminal Code of Practice in the light of critical feedback.

In a statement posted to its website, SLAB said it had received 42 responses: 33 from individual solicitors; four from solicitors’ organisations; three from bar associations/local faculties; and two from other criminal justice organisations. It is known that many solicitors were critical of parts of the code; SLAB says the main issues raised “were broadly in connection with its operation, the inclusion of duty requirements, and the extent of professional practice areas which should be covered by the code”.

The Law Society of Scotland complained in its response that a lack of information regarding legal aid fees prevented a proper understanding of the impact of the code in practice, but that aspects of the draft interfered with matters of professional practice which it was the Society's duty to regulate. That created a risk of misinterpretation and potential conflict between its regulatory framework and the code.

In reply SLAB says it is “revisiting the police station and duty requirements, and looking at how we can best set out the arrangements for solicitors who do very little or no criminal work but who want to remain on the criminal register. We are also considering revisions to clarify some of the requirements set out in the code. We will also consider what information can be published alongside the code on how SLAB manages its own statutory responsibilities, how we monitor compliance and how we respond to non-compliance”.

As SLAB considers the extent of the changes in light of issues raised and suggestions made, “Our discussions with local solicitors will also help us better understand the concerns expressed in a number of the responses about increased administration burdens on solicitors, and consider whether these require further changes to the code.”

Details of the local events will be published shortly. They will lead to a revised version of the code which will be sent to the Minister for Community Safety and Legal Affairs for approval prior to being issued as the new code.