Lady Dorrian Review Governance Group: Specialist Sexual Offences Court Working Group Report

Part 9: legal aid provision for the New Court

The Lady Dorrian Review recommended that there should be "(l) Legal aid provision for the court including a dedicated table of legal aid fees."

There was almost unanimous support within the Group that how legal aid provision could support the New Court remained a pertinent issue, with further consideration of the issue requiring to be taken forward.

It was agreed, by majority, that as a minimum a refreshed look at the structuring of legal aid to support the New Court might be needed and progressed. Members noted that existing Legal Aid provision was based on offence type and level of representation, resulting in differences in the fees paid for parties and counsel appearing in the sheriff court and those appearing in the High Court. Given the New Court would remove at least in part such distinction, there was a requirement for the matter to be revisited. While, as noted earlier in this paper, concerns were raised about how trauma-informed training could be resourced it was acknowledged by the Group following discussion that the legal aid fund, in its current form at least, was not an appropriate source to support this for the avoidance of doubt.

Due to limits on its time and the extensive scope of work to be considered the Group was not able to fully explore and consider the approaches that could be taken to support the Court, be it via a new table or using more holistic changes. It was also mindful of ongoing dialogue and discussion regarding legal aid provision for the future more generally, and that more detail would be needed about the final proposed court structure and procedure. The Group recommended that further consideration of the recommendation should be progressed through further consideration and discussion with justice sector partners including the Scottish Legal Aid Board. Should it assist, some members of the Group were willing to regroup or to otherwise support progression of this action in so far as that would be of assistance.

Legal aid provision in the New Court recommendations:

The Working Group recommends that further consideration of the original recommendation should be progressed, initially through further consideration and discussion with justice sector partners including the Scottish Legal Aid Board.