The Government's plan to cut #10m from the summary court legal aid budget and introduce fixed fees for court cases will mean a greater number of unrepresented accused - including men defending themselves against rape charges and questioning their alleged victims - in Scottish courtrooms, writes James Freeman, Home Affairs Correspondent.
The stark warning was given yesterday by Mr James Wallace, president of the Glasgow Bar Association, who told The Herald that it had flagged up this likelihood in its submission to Home Affairs Minister Henry McLeish, condemning the move.
Mr Wallace said solicitors had never been keen on defending distasteful ''dirty'' cases, and these would be the first to be refused with the introduction of a ''totally unviable'' fee of #500 for conducting a trial.
The association, which represents 500 Glasgow legal firms, was bemused by Mr McLeish's decision earlier this week to accelerate a review of procedures to protect vulnerable witnesses, including women who face cross examination by men accused of sexually assaulting them.
That followed a case at Edinburgh Sheriff Court, where 71-year-old aromatherapist William Austin, accused of sexually assaulting a woman he was massaging, represented himself and forced the woman to relive her ordeal.
''It was clear to everyone that this result, an increase in unrepresented accused defending themselves, would be an inevitable consequence of the Government's course,'' Mr Wallace said.
''We stated clearly that the regulations make no provision for complex, difficult or lengthy cases and the extra preparation required for them. Solicitors will not take these on because of the great financial disincentive.''
q Scotland's prosecution service has admitted being under increasing pressure from new rules allowing the seizure of the proceeds of drugs crime.
In its annual report published yesterday, the Crown Office and Procurator Fiscal Service claimed the effective investigation of international crime and its new powers over the proceeds of serious crime was adding to its workload.
Mr James Wallace, president of the Glasgow Bar Association, said more resources should be made available. ''It has been my view that the criminal justice system in general has been underfunded.''
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