Solicitors could boycott Sheriff Appeal Court over legal aid fees

Solicitors in Justice Secretary Michael Matheson's Falkirk constituency are threatening to boycott appeals to the new Sheriff Appeal Court, as protests grow at the low level of legal aid fees proposed by the Scottish Government.

Members of the Falkirk & District Faculty of Solicitors have decided that it is "unaffordable" to carry out work in the new court, at rates that will be the same as those first brought in in 1992.

The Sheriff Appeal Court is due to begin hearing summary criminal appeals on 22 September, the start of the legal year. Until now such appeals have been heard in the High Court, where the accused or appellant has to be represented by counsel or a solicitor advocate. Appeals in the new court are expected to be mainly conducted by solicitors, but the proposed fee for an appeal lasting up to half an hour, as most do, is only £27.40, plus £20 travelling costs.

All appeals will be heard in Edinburgh, and solicitors particularly from outside the capital say the rates are simply uneconomic, the more so the further they have to travel, and that there will no longer be equality of arms between the accused and the Crown in terms of legal representation.

In an open letter to the Justice Secretary, Falkirk solicitor Willie McIntyre wrote: "Under the new Sheriff Appeals Court arrangement, those judges presiding at hearings, the other court officials, police officers and lawyers for the prosecution will receive 2015 rates of pay. Only those foolish enough to stand up for the appellant will be on rates that have only gone down since 1992."

He added: “By offering this antiquated and, indeed, derisory rate of pay, in effect the Government is denying a remedy to those men and women who received expert legal advice that they have suffered a miscarriage of justice.”

The Law Society of Scotland, together with other local faculties from across Scotland, is lobbying Holyrood's Justice Committee on the issue. The committee is due to meet shortly to decide whether to approve the Government's proposed fees order. To date, ministers have taken the position that the proposed fees are an extension of the existing fees paid for summary crminial work, and the number of summary appeal cases is relatively small.