This item was published during the term of a previous administration that ended in April 2007
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Greater access to justice for those in need
13/03/2002
Changes to legal aid eligibility were announced today, which will improve access to justice for those most in need.
During a debate on legal aid in the Scottish Parliament today, the Justice Minister, Jim Wallace, announced that the capital limit for advice and assistance would rise from £1,000 to £1,300. The lower capital limit for civil legal aid would rise from £3,000 to £6,000 and the upper limit would rise from £8,560 to £10,000.
Mr Wallace said:
"These changes will make a real difference to many people who would not otherwise qualify for legal aid, or who would have to contribute to the costs of their case. They show the Executive's commitment to improving access to justice for those who need it most."
The Minister also announced that the sum to be disregarded in matrimonial cases in assessing "clawback" of legal aid costs would increase from £2,500 to £4,200.
Regulations to implement these changes will be brought forward as soon as possible and are expected to come into force in the next few months.
Advice and assistance is granted by a solicitor, without reference to the Scottish Legal Aid Board, if the client meets the financial tests. A contribution may have to be paid; from April, the maximum contribution will be £107. At present, in order to be eligible for advice and assistance, one has to have disposable capital of under £1,000. This figure will be increased to £1,300. In 2000/01, almost 330,000 people obtained legal advice, at a cost to the taxpayer of £30.2m.
Civil legal aid is granted by the Board and applicants have to meet three statutory tests: probable cause, financial eligibility and reasonableness. If someone has disposable capital below £3,000, no contribution from capital is sought towards the cost of the case. Between £3,000 and £8,560, a contribution may be sought but generally above £8560, legal aid is not available. These figures will change to £6,000 and £10,000 respectively.
At present, the first £2,500 of winnings in certain matrimonial cases is disregarded in assessing any sum to be paid to the Board towards the legal aid costs of a case. This figure will be increased to £4,200.