Legal aid for bin lorry victim families in private prosecution bid

Legal aid will be made available to the bereaved families of the Glasgow bin lorry tragedy in their attempt to secure permission from the High Court to bring a private prosecution, and to the driver concerned, Justice Secretary Michael Matheson announced today.

Ministers made the determination in response to an application for legal aid towards the costs of a private prosecution from the families affected.

The families have to seek permission from the High Court after the Lord Advocate declined to grant consent, upholding the earlier decision by Crown Office that there was insufficient evidence to support a case.

The determination has been made under s 4(2)(c) of the Legal Aid (Scotland) Act 1986, and requires the Scottish Legal Aid Board to make legal aid available for preparation and for the hearing before the High Court to consider the bill for criminal letters – the technical name for the families' application.

In a statement Mr Matheson said: “Private prosecutions are, and should remain, exceptionally rare in Scotland. However, in light of the unique and special circumstances of this case, which raises fundamental questions that have not previously been tested in case law, Scottish ministers believe it is in the public interest that all parties are adequately represented.

“As such, ministers have agreed to make legal aid available for the families of the bin lorry tragedy.

“In line with human rights requirements that anybody facing potential criminal prosecution must be legally represented, legal aid will also be made available to the driver of the bin lorry, Mr Clarke, and to Mr Payne in relation to another potential private prosecution in a separate case.

“The issue of whether there are exceptional circumstances to justify a private prosecution is a matter for the High Court alone and do not form part of this legal aid decision.

“Responsibility for deciding whether or not to prosecute an alleged criminal case in Scotland rests clearly with the Crown Office, which has a strong record in prosecuting crime. The determination is not being made on the basis that ministers agree that there was any error in law in the decision by the Crown. The Lord Advocate has set out publicly the basis for the decision not to progress a prosecution following the bin lorry tragedy.”