Following a meeting on Wednesday 18 August the Law Society issued an update in respect of the Lord Advocate’s Interim Guidelines on Access to a Solicitor.

"The meeting was told of developments in discussions with the Scottish Government, Scottish Legal Aid Board, Association of Chief Police Officers in Scotland and Crown Office.

"The Society has made significant efforts in the last eight weeks to address the various issues which have arisen, despite the lack of any advance warning of the introduction of the Guidelines. This has involved regular meetings with the parties mentioned above. These meetings are scheduled to continue on a weekly basis.

"At our early meetings we made representations to the Crown about amendments to the Interim Guidelines. In July the Lord Advocate agreed to amend the Interim Guidelines in accordance with some of our suggestions.

"As a result of the speed of introduction of the Guidelines there is still a lack of reliable information about the implications of the changes. We require the continued assistance of the profession to keep us advised of problems, issues and practical developments at a local level.

"The Government have now drafted regulations to deal with payment for police station attendances. We have been in discussion about a first draft to attempt to ensure the removal of any element of subsumption of these payments which represent entirely new work which has not formed part of any previous discussions in relation to legal aid. We have just received fresh regulations, which remove subsumption for out-of-hours work and also retain a 1/3 uplift on standard advice and assistance rates during that period.

"We have made representations about the definition of “out of hours”, as well as making the more fundamental point that there is a case for payment regardless of time of day, albeit with appropriate recognition of the time of day and whether a personal attendance at the police station is required.

"We have raised the question of eligibility but understand that changes here will require primary legislation. We will keep under review all matters which require such amendment by way of primary legislation. At the core of our submissions and representations is the principle of effective access to justice.

"Government have emphasised that the current economic situation and likely budget cuts will play a significant part in short and long-term approach to this issue and legal aid more generally. It is likely that the regulations will be laid at the start of the new session of Parliament on 6th September. It is anticipated that the situation will probably need to be reassessed depending on the decision of the Supreme Court which is expected on or around 20th October.

"We shall shortly be issuing revised FAQs to assist the profession in how to deal with the practical issues having regard also to the professional rules. Compliance with the simple checklist provided should avoid the risk of a successful complaint with regard to the professional rules.

"As the decision of the Supreme Court is not yet available, albeit certain educated guesses can be made, there remains a degree of uncertainty about how our procedures and legal aid system will look in the aftermath of Cadder. We intend to continue to engage with the relevant bodies, especially with regard to a long-term answer to the question of a suspect’s right of access to a solicitor. We have also asked to be involved in any discussions about the budgetary implications for legal aid of the forthcoming cuts."