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Last Updated: Friday, 2 June 2006, 08:56 GMT 09:56 UK
Lawyers to snub sex crime cases
High Court
Lawyers say reforms have increased their workload
The largest group of court lawyers in Scotland has voted to refuse to represent people accused of sexual offences in a row over legal aid fees.

The move by Glasgow Bar Association will begin on or after 1 August.

The association accused the Scottish Executive of failing to implement new legal aid fees in line with reforms. Ministers said a deal is on the table.

People facing sex charges must be represented by a lawyer as they cannot cross-examine their alleged victims.

I should make it clear these people would not be unrepresented or walk free as a result of any action
Oliver Adair
Law Society of Scotland

Gerry Considine, vice-president of the Glasgow Bar Association, said the stance had received unanimous support.

He said: "We've had no increase in the majority of our funding for over 14 years.

"We brought in new reforms which have led to a reduction in fee structures by 30% in the course of the last year.

"So not only are we operating on 1992 pay rates but we're now operating on 30% less than that.

"That is the difficulty."

'Miscarriages of justice'

Mr Considine said the number of solicitors prepared to carry out legal aid work had fallen by 25%.

He added: "That number will fall and fall.

"What you will have is miscarriages of justice, you will have people who are unrepresented.

The executive has made clear its commitment to talks and we continue to urge the legal professions to do likewise
Scottish Executive spokesman

"The message has to be brought home that is unacceptable."

Mr Considine said the association's refusal to represent sex offenders - after three years of talks - was "the last resort".

Oliver Adair, convener of the legal aid solicitors committee for the Law Society of Scotland, said sex offenders would not walk free.

He said: "I should make it clear these people would not be unrepresented or walk free as a result of any action.

"The legislation ensures they would be represented.

"Court appointed solicitors would be required to do it."

He added: "You have to understand this is the culmination of a sense of frustration the profession feels over commitments over five years not being met."

'Extreme action'

Mr Adair said he was seeking a meeting with the Deputy Justice Minister Hugh Henry.

Last week the Law Society of Scotland said it would not co-operate with the executive and the Scottish Legal Aid Board "on all legal matters" over the dispute.

Its legal aid team will pull out of talks with officials from the executive and SLAB on legal aid reforms.

A Scottish Executive spokesman said: "The way forward in securing a fair and appropriate outcome - for the profession and for the taxpayer - is for continued dialogue.

"The executive has made clear its commitment to talks and we continue to urge the legal professions to do likewise."

Pauline McNeil, convener of the Justice 1 Committee, added: "I have some sympathy and would urge the association to continue its dialogue with the executive.

"It is quite extreme action they are proposing to take.

"They owe a duty here to get round the table and start discussing the way forward."


BBC NEWS: VIDEO AND AUDIO
See why lawyers have voted for the move



SEE ALSO:
Legal aid fee dispute escalates
26 May 06 |  Scotland
Lawyer move could halt sex cases
26 May 06 |  Glasgow and West
Vote steps up legal aid fees row
19 May 06 |  Scotland
Legal aid system changes mooted
17 Jun 05 |  Scotland
Bill for legal aid rises again
28 Sep 04 |  Scotland


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