GBA - Law Society - Criminal Legal Aid Timeline

1980: Solicitors (Scotland) Act allows Law Society to "promote the interests of the solicitors' profession in Scotland" and to "promote the interests of the public in relation to that profession"( so called 'dual functions').

April 1992: Summary criminal legal aid (and advice and assistance) hourly rate set at £42.20. The rate has not increased since, and applies in non-fixed fee summary cases.

October 1998: PDSO opens first office in Edinburgh, later to expand into the biggest criminal law firm in Scotland with several offices. It would have been bankrupt several times over were it a private law firm. SLAB owns and operates the PDSO.

April 1999: After Law Society negotiates with Government on introduction of 'fixed fees', they are introduced in most summary criminal cases. Average summary criminal case fee is £976 in March 1999 (excluding advice and assistance). Fee cut to fixed fee of £500 per case (£50 for deferred sentence appearance and bail appeals) in Sheriff and Stipendiary cases. 'Days of action' in protest against cuts held by solicitors throughout Scotland, including Glasgow, Edinburgh and Hamilton. Involves solicitors withdrawing services from custody court.

December 1999: Kenny MacAskill (in opposition) asks Scottish Executive in written parliamentary question how many clients had been seen by PDSO in Edinburgh and proportion of PDSO guilty pleas.

November 2004: Kenny MacAskill (in opposition) asks the Scottish Executive about allocation of duty scheme in Edinburgh to PDSO

December 2004: Kenny MacAskill (in opposition) asks the Scottish Executive on statistics for fixed penalties and fiscal fines issued in 2004

January 2005: Kenny MacAskill (in opposition) asks the Scottish Executive about why PDSO slots on duty scheme do not require to be in name of a solicitor

March 2005: Kenny MacAskill (in opposition) asks the Scottish Executive why PDSO allocation of Edinburgh duty plan is more than agreed with SLAB.

May 2006: Deputy Justice Minister Hugh Henry (Labour) refuses to meet with Law Society to discuss legal aid as "not a productive use of his time"

June 2006: SGM of LSS called (in protest against Mr Henry's refusal to meet) results in threats to withdraw representations in sex offence cases mooted by solicitors to media in aftermath of SGM. Meeting did not explore reasons WHY a government minister thought it was such a waste of time to meet Law Society legal aid negotiators.

May 2007: SNP elected. Many solicitors feel that 'one of us' is now Justice Secretary and that this should soothe many practitioners concerns over legal aid.

May 2008: Summary Justice Reform is introduced. Pre-requisite of SJR that SLAB's budget to be cut by projected 6-7% (fees paid to solicitors in summary cases - including ABWOR - have actually reduced by 17% since SJR introduced). Controversial public policy of 'diversion from prosecution' introduced. Fixed fees in criminal cases reduced from average fee of £646 (including deferred sentence fees) to £515. Advice and assistance abolished for most criminal cases and ABWOR expanded to same fee level as accused that pleads not guilty. Bail appeal fee removed and deferred sentence fee halved to £25 payable only once where SER called for. First two deferred sentence fees abolished. Kenny MacAskill (in Government) offers profession "a review". If savings identified they were to be reinvested in legal aid. Law Society sets up a "Review Group" to include GBA Past President Gerry Considine. Review Group members chosen by Olly Adair.

May 2008: Glasgow solicitors (and at least Kilmarnock, Aberdeen and Dumbarton) hold 'day of action' against cuts and withdraw from custody court in replication of action taken in April 1999(see above).

May 2008: Without prior notification, discussion or warning Gerry Considine is emailed by Law Society and is removed from the 'Review Group'. Law Society  stating that the GBA 'has to realise' that it can't negotiate with Government and protest against its policies at the same time (see April 1999)

June 2008: SJR is introduced. GBA members vote for first time to remain out of 'Review Group' and to campaign to highlight government's 'dangerous public policy' of 'diversion'. Campaign leads to Lord Advocate and Solicitor General both being interviewed on their own on Newsnight to explain the policy. Massive public interest in policy of diversion is generated.

August 2008: GBA calls SGM of LSS to try to get information on Law Society position on SJR and the 'Review'. GBA motion condemns cuts. Law Society Review Group, the day before the SGM, lodge amendment to motion seeking support for its talks with the Government. At meeting much emphasis from the Law Society that the Review is 'meaningful' and if fees 'do not increase by January (2009!), we'll be on the picket lines with the GBA'.

August 2008: An email from an unnamed GBA member (re diversion case information) is leaked to the Sunday Herald who run a piece criticising GBA solicitors as being recipients of legal aid "subsidies". GBA later learns that email was leaked to Sunday Herald by "another Bar Association".

November 2008: GBA votes for third time (by majority of 2:1) to remain out of the "Review Group". Main concerns are its 'blind trust' of Kenny MacAskill and lack of Plan B should the 'nightmare scenario' of further cuts be mooted.

December 2008: SLAB issues duty plan for Glasgow giving disproportionate allocation of primary slots to unnamed PDSO solicitors (see March 2005)

January 2009: GBA raises concerns with SLAB over duty plan. SLAB ignores concerns. GBA invites conciliatory meeting with Law Society "Review Group" and offers that they address GBA members at an open meeting in February 2009.

February 2009: Law Society emails solicitors in Scotland criticizing the GBA and blaming it for the PDSO duty allocation. A Review Group member describes this email as a 'heads up' for the February meeting that the GBA had suggested and initiated. GBA President withdraws the invitation to the LSS "Review Group" in protest at the contents of the email.

March 2009: GBA members vote by majority of 9:1 to raise interdict and judicial review proceedings at Court of Session against SLAB. Law Society declines request for support (see September 2010). Court of Session summons argues, inter alia, that PDSO being supported by state because it has no real business. "Review Group" members brief colleagues that PDSO allocation was 'payback' for GBA voting to stay out of "Review Group" which they describe as " the only show in town". Interim interdict refused when an "early date suddenly has become available" for the Judicial Review. Interim interdict hearing lasted four days.

December 2009: Law Society confirms to GBA that 'over a period of months Law Society had changed its structures on legal aid issues and a negotiating team had been formed and was approved by the Law Society Council in October 2009'. This was first intimation that GBA had received of the existence of the 'negotiating team', which it had not been invited to join. Law Society legal aid convener refuses his third invitation in 2009 to come to Glasgow to speak to either GBA members at an open meeting or to the GBA Committee on solemn fee negotiations. He offers to meet the president and Vice President only. He invites the Committee of the GBA to Edinburgh to discuss outstanding issues with the 'negotiating team'. The meeting will take place AFTER the 'negotiating team' has met with SLAB to discuss solemn fees. The invitation is declined.

January 2010: After successful GBA negotiations with SLAB, it agrees to reduce its PDSO allocation on the Glasgow duty plan to less than 2009 levels.

May 2010: Cadder, a GBA member's case, leads to the Lord Advocate issuing interim guidelines on police station custodies. Law Society "negotiating team" not consulted on these guidelines. SLAB is consulted and insists on PDSO receiving preferential treatment. Government assures Law Society that lack of consultation will not be repeated. Lord Advocate's guidelines are in direct breach of solicitors' Code of Conduct

August 2010: Vice President of Law Society, Cameron Ritchie justifies PDSO preferential treatment by stating "PDSO solicitors are members of the Law Society too". Mr Ritchie is a retired procurator fiscal. In May 2011 he will become the second retired civil servant to be president of the Law Society in four years. Law Society introduces "guidance" which allows PDSO preferential treatment in police custody cases.

September 2010: English Law Society (which only represents solicitors and doesn't regulate them) successfully challenges Legal Services Commission (provider of legal aid in England) in a judicial review over tendering.

October 2010: Cadder 'emergency' Bill passed. Roundly condemned, including criticism from Scottish Human Rights Commission chair, and former GBA President Alan Miller. Law Society not consulted on any substantive provisions of Bill apart from extension of detention provisions.

November 2010: Ian Smart states at the Council of the Law Society of Scotland that it was "a longstanding, unwritten Law Society policy not to criticise the administrative costs of Legal Aid in Scotland"

December 2010: Law Society writes to profession indicating, inter alia, that 'negotiating team' had proposed to the Govt that PDSO should be rolled out to 35% of duty plans in areas where they have an office and that fees in Stipendiary Courts in Glasgow should be cut. No consultation took place with Glasgow solicitors on this proposal. The two GBA past presidents on the Council of the Law Society were not spoken to at all about these suggestions. Law Society president Jamie Millar cites 'drastic cuts' to legal aid in England as the context for these proposals.

January 2011: English Law Society issues 61 page analysis of English legal aid cuts and offers resistance to them as being unjustified and uneconomical. The report states  that "the Law Society will not stand back and see justice be eroded. We will continue to fight, as we have done over the decades, to ensure that ordinary people can enforce and defend their rights." Law Society of Scotland sends a three paragraph email to the Scottish Government proposing (in response to threatened cuts) that the 'least unpalatable' suggestion was to roll out the PDSO in areas where they existed, to cut core fees by £30 and to reduce the Glasgow Stipendiary Magistrates fee to £350.