Advice and Assistance (Assistance by Way of Representation) (Scotland) Amendment (No 3) Regulations 2015 [Draft]
Item 2 is consideration of an affirmative instrument. I welcome Paul Wheelhouse, the Minister for Community Safety and Legal Affairs. He is accompanied by two Scottish Government officials: Catriona MacKenzie of the civil law and legal system division, and Alastair Smith of the directorate for legal services.
This item allows us to gather evidence in advance of the debate on the instrument under the next item. Members will have seen the submission from the Law Society of Scotland confirming that it had no comment to make on the regulations.
I understand that the minister does not need to make an opening statement, so I will go straight to questions from members.
Good morning, minister. How was this problem detected, as it were?
That is a good point. The provision for double jeopardy has rarely been used. Indeed, the case that we are concerned with today is only the third application to have been made to the High Court by the Lord Advocate. Earlier this month, we were informed that there is an individual who is the subject of a double jeopardy application who does not qualify for assistance by way of representation but who will not be able to afford the cost of his legal representation without it. Therefore, as a result of deliberations, we consider that public funding should be made available in order to secure the individual’s right to effective access to justice in terms of article 6 of the European convention on human rights. The urgency of the case is why we are here today to seek the committee’s approval for the regulations.
Do you have any further comments on the financial effects? Do you regard this as a one-off, or could it be a trend?
To repeat the point, these proceedings are rare—this is only the third such application. The change is expected to have relatively little impact on the overall expenditure from the legal aid fund. However, the case will be significant in its own right. Case costs are typically fairly high, and we estimate that the costs for this case will be in the region of £100,000.
As I said, there are few cases of this kind. The regulations will add this kind of cost to the fund only in cases in which the person involved would not previously have been financially eligible for ABWOR. I cannot discuss the case itself, but the reason why that is necessary is that the individual concerned has been acquitted of a crime and therefore, under double jeopardy procedures, is not technically accused of anything. An application has been made for double jeopardy procedure.
So, in broad terms, you are not concerned about any on-going financial implications.
Clearly, as Mr Campbell will be aware, we are trying to manage legal aid budgets. I would not want to say that we have no concerns about additional expense, but we think that this is a level of expenditure that can be borne by the legal aid budget, so we have no significant concerns on that front.
If there are no further questions, we can move to item 3, which is the formal debate on the motion to approve the regulations.
Motion moved,
That the Justice Committee recommends that the Advice and Assistance (Assistance by Way of Representation) (Scotland) Amendment (No. 3) Regulations 2015 [draft] be approved.—[Paul Wheelhouse.]
Motion agreed to.
I thank the minister for his attendance.
All-Scotland Sheriff Court (Sheriff Personal Injury Court) Order 2015 (SSI 2015/213)
Agenda item 4 is consideration of a negative instrument. The order designates Edinburgh sheriff court as the sheriff personal injury court to exercise all-Scotland jurisdiction in cases above £5,000, and jurisdiction in specific cases below £5,000 designated by the order. The Delegated Powers and Law Reform Committee is content with the drafting of the order.
There are no comments from members. Are members are content to make no recommendation in relation to the order?
Members indicated agreement.
I suspend the meeting briefly to allow Margaret Mitchell and her officials to take their seats as witnesses.
09:36 Meeting suspended.