Thursday, 20th November, 2008 RSS Feeds
Add to Google Add to My Yahoo! (requires My Yahoo account). Add to My MSN (requires My MSN account). Add to My AOL (requires My AOL account).

Published: Thursday, 15th June, 2006 14:53

Sex offender Threat

By Steve McElroy

Printer Print Article

Lawyers withdraw services in legal aid row

The unprecedented action is in line with lawyers of other Bar Associations in Scotland.

They will be withdrawing their services to alleged sex offenders from August 1.

The dispute is with the Scottish Executive with the legal eagles claiming not to have had an increase in criminal legal aid since 1992, despite promises to improve fees.

Last week around 12 solicitors of the Local Faculty, whose practices are in Dumbarton, Vale of Leven, Clydebank, Helensburgh, Bearsden and Milngavie, decided unanimously to support the action being taken by their colleagues at other Bar Associations.

One of the Dumbarton members, lawyer Brian McGuire, stressed that other criminal work is not affected by the dispute nor are any sex cases they are involved in before the deadline.

Legislation states that sex offenders are required to have defence agents. They are not allowed to cross-examine witnesses in court, so without a defence agent, trials could be stopped.

Mr McGuire told the Reporter: “At our meeting we decided to adopt the same policy as the Glasgow Bar Association. We are not withdrawing but giving notice that as from August 1 we are not taking on any of that kind of work.

“Lawyers are not militant, but they have reached the end of their tether. We don’t want to cause disruption — we just want it resolved. We want to emphasise this is not a strike.”

Mr McGuire explained that newly qualified law students are not doing this kind of criminal work anymore, meaning most of the Dumbarton Faculty members are in their mid-forties.

The Council of the Law Society of Scotland have approved the withdrawal of all co-operation from the Executive and the Scottish Legal Aid Board.

Mr McGuire added: “The Scottish Executive initiated the High Court reform, which has been very successful, and as a result it is running more efficiently and savings have been made.

“We maintain that those who have made them work is quite simply us. It was also stated that the only way the changes would work is if it was properly funded.”

Solicitors receive £66.40 per hour for court appearances and £44.20 for preparation and waiting in court for cases to call.

An Executive spokesperson said they had made it clear that there is a deal already on the table to increase legal aid fees.

Reporter Advertisement

Most Read