Aamer Anwar: 'I'm no longer going to handle criminal legal aid cases'

One of Scotland’s top lawyers says his firm will no longer take on criminal legal aid cases from next month.

Aamer Anwar says the decision comes in response to what he describes as the “decimation” of Scotland’s legal aid system, leaving vulnerable individuals without adequate access to justice.

The legal aid system in Scotland is currently facing a deep crisis, with significant challenges affecting both defence lawyers and vulnerable individuals relying on the service.

Lawyers say they are leaving the legal aid sector in significant numbers due to inadequate remuneration and an unsustainable working environment – eroding access to justice, particularly for those unable to afford private legal representation.

“We have senior counsel in Scotland, advocates who are saying they’re not going to do sexual crimes anymore,” Anwar explained.

“They’re not going to do rape cases because of underfunding. The pendulum has swung so far, and the lack of legal aid defence lawyers is creating a backlog, impacting victims of sexual crime.

“The government seems to have forgotten that those accused of sexual crimes are not allowed to represent themselves – they need a lawyer. But if they can’t get one, the process drags on for years.”

The defence lawyer, who is currently representing Shaku Bayou’s family at an inquiry into his death in police custody, described a “merry-go-round” of people struggling to secure legal representation, exacerbating already significant delays in Scotland’s justice system.

“It’s not helping anyone,” he told Scotland Tonight.

“Defence lawyers reason with clients, often convincing them to plead guilty based on the evidence. But without those lawyers, who’s going to do that job? The Crown can’t, and it’s not the police’s role. The justice system needs defence lawyers as much as it needs police, prosecution, and judges. There is no justice without defence.”

Frustrated with what he called a “farcical” situation, Anwar criticised the Scottish Government for shutting down discussions over increases in legal aid funding.

Legal aid spending has risen, partly due to the increased number of cases going through the courts post-pandemic, and recent small increases in fee rates have provided a much-needed boost. However, the measures have fallen short in addressing deeper structural issues within the system.

The Scottish Government has been criticised for failing to prioritise reforms that would sustain the legal aid system in the long term. Despite calls from the Law Society of Scotland and other legal bodies, no comprehensive review of legal aid has taken place, leaving the system in what has been described as a state of neglect.

This ongoing crisis is exacerbating the backlog in the courts, with delays in criminal and civil cases becoming commonplace. Vulnerable people, including victims of crimes and those awaiting trial, are bearing the brunt of the delays, with some cases stretching on for years, impacting mental health and well-being.

“It’s impossible to continue. After 25 years of being a lawyer, I’ve seen the legal aid system decimated, and the poor, vulnerable, and weak are unable to get justice,” said Anwar.

He added that his firm – Aamer Anwar & Co. – had been funding criminal legal aid cases out of its own pocket but could no longer afford to do so.

“We’re literally getting paid nothing. I don’t expect people to feel sorry for lawyers, but when you need one, you’ll know it. This government just isn’t interested, and many of my colleagues are walking away. You’re banging your head against a brick wall, and it’s impossible to deliver justice for £495 a case.

“A case that could last over the course of a year or two years; that involves sometimes going five or six times to court and then getting told by the legal aid board, ‘I’m sorry you’re not getting paid for that’, or waiting about for several hours in the courtroom and getting paid £25.

“The government needs to realise that you have hundreds of people now who are leaving the profession. They might not want to face the truth. The legal aid board might not want to face the truth. They might not like what I’m having to say. Well, the point is, you’ve got people now saying ‘we’re not going to do that work anymore’. Cases can take up to five years to get to court.

“Victims who have tried to rebuild their lives suddenly receive a letter telling them to appear in court. It’s devastating.”

Angela Constance, secretary of state for justice told Scotland Tonight she was “very sorry” to hear Mr Anwar had withdrawn from taking on legal aid work.

She said: “I do have to say that for this financial year alone I am anticipating the legal aid budget to reach its highest-ever level. The projected spend on legal aid for this financial year will be £171m.

“We have increased the resources available for legal aid. Legal aid is a demand-led budget. Unlike England and Wales, we have not reduced the scope or the resources for legal aid.

“Legal aid fees have increased by 25% since 2019 and I and the victims minister Siobhian Brown will continue to work with the legal profession because I accept that criminal defence work is demanding, both professionally and personally. We want to collaborate with the profession in terms of building better for the future.

“My message to everybody whose lives are impacted by the criminal justice system is that this government will continue to focus its efforts and resources on reforming our criminal justice system so that it is more efficient, more effective, and more trauma-informed.

“We will continue on this path and build on the successes that have been achieved thus far, notwithstanding that there is still a journey yet to travel.”

A spokesperson for the Scottish Legal Aid Board said current court backlogs are due to the impact of the coronavirus pandemic and not the inability of accused persons to secure legal representation.

The spokesperson said: “The number of solicitors actively involved in criminal legal assistance has remained relatively stable for the last four years, with activity heavily concentrated among the busier solicitors.

“Where solicitors refuse to take cases, such as appearing at holiday courts or court appointments for sexual crimes and rape cases, the Public Defence Solicitors’ Office (PDSO) have been able to represent, when they have capacity.

“Interim figures show the cost of providing legal assistance in 2023-24 is likely to have increased by 12% on the previous year to £151m. Criminal expenditure is expected to be up 17% to £90m. Estimates of expenditure in 2024-25 are for it to increase to around £170m, which would be the highest ever recorded.”

A spokesperson for the Scottish Courts and Tribunals Service said: “We remain conscious of the impact delays in the criminal justice system have on all those involved, whether that is from an incident being investigated by the police, the prosecution registering the case in court, or delays in the trial taking place.

“The impact of the Covid-19 pandemic saw the number of scheduled criminal trials in Scotland more than double to a peak of 43,606 in January 2022.

“Since then, with the introduction of additional trial courts, this has reduced to 23,361 as at the end of September 2024. This has been achieved despite a sustained and significant increase in the level of solemn business, (the most serious criminal cases) going through the courts, which is set to continue over the next few years.

“The aim is to return to a position where the number of scheduled trials across all criminal business types is below 20,000, which will in turn lead to a reduction in the length of time victims, witnesses and accused have to wait for their trial.”

Watch the full report, Scotland Tonight Spotlight: Waiting for Justice, at 10:40pm on STV and the STV Player.