Scottish Government

STRATEGIC REVIEW ON THE DELIVERY OF LEGAL AID, ADVICE AND INFORMATION
REPORT TO MINISTERS AND THE SCOTTISH LEGAL AID BOARD

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contents

Chapter 1 - Introduction
1A Why a Strategic Review
1B Policy Context and Objectives of Modernisation
1C Terms of Reference
1D Process
1E What is 'Legal' Information and Advice
1F Background Information
Chapter 2 - The Purpose of Publicly Funded Legal Assistance (PFLA)
2A Publicly Funded Legal Assistance on Civil Matters
2B Publicly Funded Legal Assistance on Criminal Matters
Chapter 3 - Delivery Models
3A Delivery Models in Civil PFLA
3B Delivery Models in Criminal PFLA
3C Alternatives to Public Funding
Chapter 4 - Prioritisation and Targeting
4A Prioritisation of PFLA on Civil Matters
4B Prioritisation of PFLA on Criminal Matters
Chapter 5 - Publicly Funded Legal Advice and Help on Matters of Civil Law
5A Strategic Vision and Direction
5B Planning and Coordination
5C Quality Systems
5D Civil Advice and Assistance
5E Ability to Pay and Financial Eligibility in Civil Legal Assistance
5F Merits Testing and Scope
5G Use of Specialists
5H Use of Technology in Delivery
5I Other Methods of Promoting Access
Chapter 6 - Publicly Funded Criminal Legal Assistance
6A Proposals for the reform of Summary Criminal Legal Assistance
6B Financial Eligibility for Criminal Legal Assistance
6C Merits Testing - Interests of Justice
6D Encouraging Systemic Efficiency
6E Quality Assurance
Chapter 7 - Expenditure in Legal Aid
7A Forecasting Legal Aid Expenditure
7B Remuneration Issues
7C Control of Expenditure
Chapter 8 - Issues in the Supply of Publicly Funded Legal Assistance
8A Supply by Solicitors in Private Practice
8B Voluntary Sector and Local Authority Provision
Chapter 9 - Fundamental Administrative Issues
9A Responsibility for the Administration of Legal Aid
9B A Unified Administration for Legal Aid?
9C Legal Aid Sponsorship and Policy Roles within the Scottish Executive
9D Separate Civil and Criminal Legal Aid Funds
Chapter 10 - Relationships between the Scottish Executive and the Scottish Legal Aid Board
10A Introduction
10B Historic Perspective and Context
10C Changing Roles and Requirements
10D The Board
Chapter 11 - Streamlining Legislation
11A Legislative Complexity in Criminal Legal Assistance
11B Options for Change
ANNEXURES
Annex 1 - Reference Group
Annex 2A - Stakeholders Contacted and Informed of the Review
Annex 2B - Stakeholders interviewed
Annex 3 - Cross-Analysis of Quality Systems
Annex 4 - Extract from Scottish Legal Aid Board's Review of Summary Criminal Legal Assistance
Annex 5 - Remuneration Systems
Annex 6 - Performance Measurement in the Scottish Legal Aid Board
Annex 7 - Background Papers and Bibliography