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Consultation on legal aid in Scotland

Scottish government invites views on how to make a fairer, more accessible legal system ahead of new Legal Aid Bill. 

How do we make the legal system fairer and more accessible – and improve it for members of the public who use it and professionals working in law? 

That’s the question being asked by the Scottish government as it consults on proposals to reform legal aid in Scotland. Legal aid, of course, provides publicly funded support for people to pursue or defend their civil legal rights or mount a legal defence, where they could not otherwise afford to do so. Some 170,000 legal aid grants are made each year in Scotland, with total expenditure in 2024-25 of £169m – the highest ever annual spend on legal aid in Scotland. 

In Scotland, that system is currently governed under the terms of the Legal Aid (Scotland) Act 1986. The government is proposing a new Legal Aid (Scotland) Bill, aiming to simplify processes, reduce duplication to support quicker decision making, improve access for those who use legal aid and provide greater autonomy for accredited solicitors. 

A number of changes to the system are already in progress. A 13% increase in solicitor fees will come into force in September, while reforms to children’s and criminal legal aid will be in place by the end of 2026. There is also a new £1.5m legal aid traineeship fund to support up to 40 trainees across Scotland and the establishment of the independent fee review mechanism group. 

Kirsten Oswald MSP, Minister for Victims and Community Safety, says: ‘At its heart, this is about building a legal aid system that works better for the people who rely on it and the professionals who deliver it. The proposed reforms build on work already underway and align with our wider programme of Public Service Reform, focusing on efficiency, value for money and improved outcomes through more streamlined and effective services. 

‘This consultation marks an important step in shaping the future of legal aid informed by the experience of those who rely on the system and the expertise of those who deliver it. I encourage all those with an interest to share their views. Together, we can build a legal aid system that is fairer, more accessible and fit for the future.’ 

Photo by Chris Flexen / Unsplash

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