Access to justice is a fundamental right in a free society, but for a number of years now, there have been dire warnings from the legal profession in Scotland that this access may soon be a luxury only the rich can afford.
Legal aid is in crisis and it is the least advantaged in our communities who are suffering.
The right to free legal aid in criminal cases in Scotland is centuries old but with solicitors leaving the profession, even if you are eligible, you may struggle to find representation.
There are currently 911 solicitors in Scotland on the Scottish Legal Aid Board’s criminal register. The number of solicitors over the age of 50 outnumber those under 30, by a ratio of two to one. There is already a crisis in legal aid, but the next five to ten years could be catastrophic.
Follow along here for all the articles in our series.
Day Three
Colin Lancaster: ‘Legal aid helping more people – but system needs to change’
Colin Lancaster is the chief executive of the Scottish Legal Aid Board. Here, he argues legal aid legal aid helps more people. However he acknowledges change is needed in an appeal to the Scottish Government.
Legal aid sector could 'fall over' without investment in trainees, ministers warned
The legal aid system will “fall over” if Scottish ministers fail to invest in trainee solicitors, it has been claimed. Rebecca McCurdy reports.
Concerns as figures show women less likely to continue taking on legal aid
There are far more men who continue to work on criminal legal aid cases than women in Scotland, figures seen by The Herald reveal, as those in the profession voice concern over gender representation. Hannah Brown reports.
John Swinney pushed on legal aid ‘crisis’ following Herald series
John Swinney dodged a question on the growing crisis in legal aid in Scotland was in crisis, as an MSP pushed the SNP leader on some of the shocking stories uncovered in Beyond Breaking Point, reports Andrew Learmonth.
'I can't do it on my own:' Minister urges lawyers to return to legal aid talks
Justice minister Siobhian Brown has denied that legal aid in Scotland is in crisis and called on lawyers and their representative bodies to get “round the table” with her to talk about the future.
As Justice Secretary, I cut legal aid, but we need to fund it before it’s too late
As Justice Secretary for over seven years and a legal aid lawyer for 20 before that, Kenny MacAskill has seen the impact of legal aid cuts firsthand. He says the situation is now critical.
Day Two
I spent a day inside Europe's busiest court and it's full of delays and cracks
As a former court reporter, Rebecca McCurdy went behind the scenes of Glasgow Sheriff Court to speak with solicitors, victims and those accused of crimes.
'Impending disaster': Vulnerable Scots may struggle to access civil legal aid
The future of civil legal aid has been described as an 'impending disaster' as experts warn it is the most vulnerable who will be hit if the sector collapses. Rebecca McCurdy and Hannah Brown report.
Explainer: Why are so many of Scotland's towns 'legal aid deserts'?
Over recent years there has been a marked drop in the availability of criminal legal aid. Those who continue to undertake legal aid work are having to cover an ever-larger area and communities are going without. Kathleen Nutt explains.
The human cost of Scotland’s Legal Aid crisis: one mother’s story
A mother has told The Herald about the 'brutal' experience she has had with legal aid and access to justice as she fights to gain custody of her son. Hannah Brown reports.
'I don't think there is anyone based in Shetland who does civil legal aid cases'
Orkney's legal aid system is at breaking point, with only one local solicitor offering support. Serena Sutherland warns of a deepening crisis as low fees, bureaucracy, and dwindling numbers leave residents struggling to access justice.
Day One
'Imminent wasteland': Third of criminal lawyers due to retire in next 10 years
More than a third of legal aid lawyers in Scotland due to retire in the next decade, leading to fears that the current crisis in criminal law could be “unsolvable”. Andrew Learmonth and Rebecca McCurdy investigate.
Explainer: What is legal aid and who qualifies to get it?
Kathleen Nutt explains who qualifies for legal aid in Scotland and how it operates.
On the frontline of Scotland's legal aid crisis: the views from the profession
Our political team speak to those on the frontlines of the legal profession and what problems they experience and see arising from the legal aid crisis in this long read.
'The Scottish Government needs to see legal aid as an investment'
Scotland’s legal aid crisis is hitting access to justice for everyday Scots, from survivors of domestic abuse to families needing guardianship support. With legal aid solicitors leaving the profession and government reforms delayed, rural areas are already feeling the strain. Read why top lawyer Pat Thom says the backbone of society is at risk — and what needs to change.
What's the provision of legal aid in your area? A deep dive into our data
The provision of legal aid varies across the country. Rebecca McCurdy presents an analysis deep dive into the key statistics and the data behind access to legal aid.
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