Pre-Intermediate Diet Meetings (PIDM)
Following the introduction of Pre Intermediate Diet Meetings (PIDM), we've been asked by Glasgow Bar Association for a view on a defence challenge to the procedure.
No additional legal aid fee
We did raise the need for an additional fee to take account of the PIDM requirement. The response from the Minister for Community Safety was that although there will be changes in the ways of working for defence solicitors, the burden of this work fell largely to the Crown.
However, this illustrates the wider need for legal aid implications to be properly considered before they are introduced. Too often the practicalities of an increased burden on the solicior and the absence of funding for that work is not accounted for. This is a point we have made clear in representations to the Scottish Legal Aid Board (SLAB), the Scottish Government and the Scottish Courts and Tribunals Service, and which we will continue to do.
Required by Practice Note
As the PIDM process is required by Practice Note, solicitors should, as officers of the court, ensure that they discharge their responsibilities. A failure to follow the terms of a Practice Note, for example by not engaging with a PIDM, will result in that fact being included as part of the report to the Court. This would be considered at the Intermediate Diet and fall to be dealth with by the Sheriff. Ultimately a failure to engage in the PIDM could potentially be considered as grounds for a complaint.
Guidance on Pre Intermediate Diet Meetings (PIDM)
Full details of the Pre-Intermediate Diet Meetings process are included in the Practice Note and a detailed flowchart is also available which sets out the steps required.