Scottish Justice, £12 per Man, Woman & Child
7th July 2010
According to the Scottish Legal Aid Board (SLAB) the cost to the public purse for legal aid will increase to £156.7 million this financial year, up 4% on last year when it was £150.4 million.
This represents only slightly over £30 per head of population, compared to UK spending of, for example, £613 on defence, £1,419 on education, and £1,919 on health per head of population.
Criminal legal aid spending is projected at £103.7 million (up from £98.4 million), while civil legal aid (including so called Advice & Assistance) is projected at £61.1 million (up from £58.1 million), and children’s legal aid is projected at £4.5 million.
However, these figures do not cover the potential additional cost of solicitor attendance at police interviews, as recommended by the Crown Office following the controversy of the Supreme Court case of Cadder v HMA.
No one knows how much Cadder will cost the taxpayer, and there are concerns among civil legal practitioners that any further increase in the cost of criminal legal aid may come out of the budget for civil legal aid.
Civil legal aid covers a huge variety of legal issues, including family law, divorce, access to children, debt, bankruptcy, eviction, employment law, injury compensation claims, and human rights.
Over recent years there has emerged a popular perception of lawyers becoming rich on legal aid. However, according to these figures the government doesn’t even invest as much as £12 per head of population in civil legal aid, while the rate of pay for for civil legal aid cases is only about one third of that for private cases. These figures not only dispell the myth of the fat cat legal aid lawyer, but also emphasise the need for enhanced legal aid funding.
Thankfully the government is committed to promoting access to civil justice in Scotland, although the current mixed system of third sector advice agencies, citizens advice bureaux, law centres, and legal aid firms requires review and refinement.