Make your voice heard over the proposed reforms of criminal assistance by responding to the SYLA\'s article below and online questionnaire. To take part in the SYLA\'s consultation click on the link at the end of this article, which sets out the proposed reforms.

As many, if not all, criminal defence practitioners are aware, the consultation process on reform of summary criminal assistance is already underway and, at least as currently fixed, ends on the 24 December 2007.
Hanging on the coat-tails of the McInnes Report’s recommendations that “defence solicitors should be properly remunerated for work done at an early stage of a case”, reform to the provision of summary legal assistance is being heralded as a necessary adjunct to the process of summary justice reform implemented by the Criminal Proceedings etc. (Reform) (Scotland) Act 2007. While the time for debate over the provisions of that Act may be over (albeit that legal challenges may yet arise), it is to be hoped that the consultation process is a genuine one and that the programme of summary justice reform will not simply be used as a Trojan Horse for legal aid cuts.
The Consultation paper itself, which can be accessed through the SLAB website, proceeds under five chapters:
o Greater use of direct measures;
o Bringing cases to court more quickly;
o Dealing with cases at the earliest stage of proceedings;
o Early effective preparation; and
o Remuneration.
It must be acknowledged at the outset that the proposals in the paper are predicated on a number of assumptions which have not yet been disclosed and must be disclosed if the consultation process if to be viewed as legitimate. Leaving that aside, as developments in that regard may be underway, it should perhaps be conceded that, at first blush, the proposals, to a certain extent, may be considered positive, one minor example being the increase in the prescribed fees paid to the duty solicitor from, as presently stands, £47.95 for the first case and £6.48 for each additional case to £63.00 for the first case and £9.00 for each additional case, to reflect the rate of inflation since 1992. One might be forgiven for considering that this was partial recognition of the importance of the duty solicitor in the summary justice courts were it not for the fact the maximum fee of £103.95 remains the same.
The proposals mooted in the consultation paper raise a number of issues, not only fears of inevitable reductions to the levels of remuneration for criminal defence solicitors, but also broader constitutional issues concerning Access to Justice to those already socially excluded; questions over the erosion of the doctrine of the separation of powers; potential weakening or denial of the right to a fair trial; and increases in the number of accused persons denied access to legal representation with a resultant increase in the potential for miscarriages of justice.
Consideration of the paper’s proposals may lead some to the view that certain aspects need only adjustment while others may feel that wholesale revision of the proposals are necessary, with the system itself requiring a significant funding increase if is to remain viable, independent and effective. Regardless of the view taken, it is essential that young lawyers engage in the process and for those young lawyers among you who consider that matters of this nature are best left to your Principals, it is perhaps time to think again.
While it must be conceded that the precise impact of the reforms in their present guise is uncertain, the sentiment among the majority of criminal defence practitioners seems to be that these reforms, if implemented, will have a detrimental impact, not only on their ability to effectively represent their client’s interests (or even represent them at all), but also on their ability to employ and retain criminal assistants. Given the ever declining numbers of law graduates who choose to follow criminal law as a career path, it is therefore essential that those already engaged in this field or indeed those who are considering a career in criminal defence, consider carefully the terms of the consultation paper and engage in the process.

Thank you for reading the above article. Please now take the time to fill out our online questionnaire by clicking on the link below.

Click here

The results of this survey will form part of the SYLA’s response. You can additionally respond individually by logging onto the Scottish Legal Aid Board online and going to Reform of summary criminal legal assistance http://www.slab.org.uk/profession/summarycriminal/index.html