Legal aid reform: discussion paper

A Vision for Reform of Legal Aid

Legal aid is public funding for legal help. It plays a pivotal role in supporting a democratic and justice-centred society. 2025 marks the 75th anniversary of the implementation of the legislation that established Scotland’s first statutory legal aid scheme. In the years since, that scheme, and its successors, have secured access to justice for countless thousands, supporting vital services that change lives. The current system is built on legislation that is itself almost 40 years old. That it continues to deliver such wide-ranging support is testament to the commitment and perseverance of all those working in the system.

In 2019 the Scottish Government conducted a consultation in response to the findings of Rethinking Legal Aid – An Independent Strategic Review (2018) (the Evans Review). While the Evans Review identified a vision and mission for Scotland’s legal aid reform, the report also noted that Scotland’s system is unique in its uncapped provision of legal assistance. This is an important feature of legal aid in Scotland and should remain core to any future system.

The Scottish Government also supports the continued delivery of the majority of legal aid services through private firms. This is a crucial aspect of the system we want to maintain. A system which has demand-led service delivery and funding at its core enables a justice system to support the rule of law, without political interference.

The Case for Change

The public rightly expects modern public services to be responsive and user-centred and to work effectively towards the achievement of agreed outcomes; and for service design and delivery to be aligned with a clear purpose in an accountable and transparent way.

The demands on the legal aid system in Scotland and the needs of those who depend on it have changed significantly since the model was developed nearly 75 years ago and the current legislation was implemented nearly 40 years ago. Yet, the models of delivery and the methods of payment for services have remained largely unchanged. Change is needed to ensure that we have an adaptable, flexible, affordable and sustainable legal aid system that supports people who are facing challenging issues and problems.

Longer-term transformational change is needed to fully provide a modern and responsive legal aid system. We are committed to delivering that system and the significant primary legislation which it will require.

Alongside that longer-term transformation, there are improvements that can be made to improve and simplify the current legal aid system for the benefit of those who depend on legal aid and those who provide legal aid services. These improvements reflect emerging changes in needs and demands, and the way in which providers of legal services work within the justice system. We will put in place reforms that will deliver those improvements within this Parliamentary session.