The Victims, Witnesses, and Justice Reform (Scotland) Bill proposes to introduce a system of independent legal representation (ILR) for complainers where an application is made to admit evidence of their character or sexual history in a criminal trial.

University of Glasgow researchers Eamon Keane, Professor Jacqueline Kinghan, Professor James Chalmers and Professor Fiona Leverick were asked by the Scottish government to examine different potential models of delivery for this ILR system.

In a report published today, they conclude that a salaried model “appears to be the most appropriate model for delivery of ILR in Scotland”.

They say this “affords the opportunity to develop a concentration of specialist expertise in the provision of ILR, monitor casework, build capacity and provides comparatively more time to build trust with clients and take a trauma-informed approach”.

“It also facilitates the ability to act more quickly under pressure of time, such as where an application is made late, and should provide a team approach and wider support for lawyers, which minimises burnout and promotes lawyer retention,” they continue.

“It was the model associated with the most benefits and fewest drawbacks in our data collection, and its disadvantages are easier to address than those of the private practice model.”

The researchers examined similar systems or pilot schemes introduced in Australia, Canada, England and Wales, Ireland and Northern Ireland.

“It is notable that in both jurisdictions that operated a private practice model, interviewees told us that if they could start again and design their system from scratch, they would choose a salaried model,” the report notes.