The Deputy Minister for Justice Hugh Henry called for the expansion of the Public Defence Solicitors’ Office (PDSO) network, during a visit to the PDSO office earlier this week.
There are currently three PDSO offices within Scotland (in Edinburgh, Glasgow and Inverness) each comprising a team of experienced solicitors providing criminal legal advice, assistance and representation to anyone entitled to legal aid and charged with a criminal offence.
The PDSO solicitors are paid a fixed annual salary rather than being paid on a case by case basis in the way private solicitors operate, and are governed by the same rules as private solicitors.
During his visit, Hugh Henry MSP commented: “Our strategy for publicly funded legal assistance on criminal matters is part of our determination to deliver a safer Scotland through an efficient and effective criminal justice system. In the Scottish Executive consultation “Advice for All - publicly funded Legal Assistance in Scotland” we asked the question, “Should there be an expansion of salaried solicitors through the PDSO for the provision of criminal publicly funded legal assistance alongside private practice provision?” The answer, as shown in the summary of responses that we published last week, is “yes”. I would therefore wish to see the PDSO expanded further and I will be discussing with the Scottish Legal Aid Board how best to take this forward.”
He went on: “A fundamental principle in a democratic society is that those accused of crime are innocent until proven guilty and that those charged have a right to defend themselves and be assisted in doing so where necessary. We believe that, in principle, publicly funded criminal legal assistance in Scotland is best delivered by a mix of salaried legal professionals and those in private practice. In that context the PDSO plays a vital role in widening the range of choices available to accused persons. In delivering an accessible, user friendly, effective and efficient modern justice system, the PDSO is ideally placed to lead by example.”
Matthew Auchincloss, Director of the PDSO network in Scotland, welcomed the politician\'s comments, he added: \"PDSO Glasgow has had significant success in adopting a holistic approach in the representation of accused, both in terms of court disposal and diversion from prosecution. It is an integral part of an important network providing quality, legally aided advice and representation and filling gaps in legal and social provision.”
He concluded: “Over the last three years there has been a three fold increase in the number of more serious cases dealt with by PDSO. PDSO Edinburgh has demonstrated clearly that its operation has led to a significant saving to the legal aid fund and we would aim to replicate this cost effectiveness across the PDSO network, as our newer offices mature. The Deputy Minister’s announcement is very welcome and we look forward to working with the Scottish Executive to develop a network that further ensures the availability of an accessible, user friendly and efficient public defender service throughout Scotland.”