Defence lawyers in Scotland launched a one-day strike yesterday in protest at proposed changes to the jurisdiction’s legal aid system that they claim could spawn a rash of miscarriage of justice.

The solicitors — who held the strike at Edinburgh Sheriff Court — claim that proposed legislation will be disastrous for those accused of crimes, and for the legal profession in general, reports The Scotsman newspaper.

Guilty pleas

According to the report, those with a disposable income of £68 a week, or savings of £750, will have to contribute to their defence, and may be held liable for the entire cost of a trial, which is almost £500 in a summary case, reports Global Legal Post.

Scottish lawyers argue that the new system will encourage people to represent themselves, and enter guilty pleas, as both could be cheaper.

Contrary to the system in England, defendants will not receive a refund even if acquitted. Scottish lawyers will also have to collect money directly from their clients, again differing from the English system in which the Legal Services Commission collects.

Conflicts

Edinburgh Bar Association vice-president Mark Harrower told the newspaper: ‘Independent solicitors will be expected to chase accused for these contributions at the same time as representing them in court and giving advice … This will cause conflict between us and our clients, delays in court because of adjourned cases and unrepresented accused, resulting in increased costs to the system… Worse still … it could lead to an increase in miscarriages of justice.’