Evaluating the Scottish Public Defence Solicitors’ Office

The debate continues over whether salaried public defenders are more cost–effective than private practitioners. A three–year evaluation of the Edinburgh pilot office found that public defenders resolve cases at an earlier stage. Their clients were more likely to plead guilty at preliminary hearings, and less likely to hold out to the day of trial. This has the (so far unrealized) potential to save legal aid costs, and it inconvenienced fewer witnesses. But it also meant that public defenders had a higher conviction rate. Furthermore, in Scotland (unlike Canada) earlier pleas did not lead to lower sentences. Clients described public defenders as businesslike but felt less emotionally supported. Finally, the study showed that it is not easy to realize cost savings. Pilot offices, operating in the glare of publicity, incur some additional costs.