The main points of conflict
in criminal legal aid policy seem to boil down to fee rates and how the work should be divided up between providers.
As the strike by
criminal legal aid lawyers captures the media's attention, they have a chance to put some real pressure on the government.
This was revealed on the same day (yesterday) that MPs voted against a motion brought by Labour that sought to reverse
criminal legal aid reforms.
This response addresses only one issue in the consultation document: the quality requirements to be imposed on those delivering what is
now criminal legal aid.
The repeated cuts to
criminal legal aid since then add up to an overall fall in fees of more than 40 % in real terms since 2007.
Criminal legal aid practitioners are furious, as most are feeling the impact of the reducing numbers of cases going through the system and can see no justification for the cuts.
This was forced on him by a combination of effective campaigning by
criminal legal aid lawyers and bad advice from his civil servants.
The Government has today announced that it will scrap the controversial two - tier system for
criminal legal aid contracts, in the face of a concerted challenge to the tender procedure for placing 527 duty provider contracts.
Growing in size might be a solution for
criminal legal aid firms in London and other major cities to improve their efficiency and provide services in a more localised way, thus reducing the time spent travelling to advise and represent clients in police stations and magistrates» courts.
R (London Criminal Courts Solicitors Association and others) v Lord Chancellor [2014] EWHC 3020 (Admin)-- represented the claimant / appellant solicitors» associations in their consultation challenge to the Lord Chancellor's decisions concerning
criminal legal aid tenders.
The Board does not provide direct legal aid or advice in respect of criminal matters, however, it is responsible for the management and administration of 3 ad - hoc
criminal legal aid schemes,
The Big Firms Group, whose 40 members carry out approximately 25 % of
criminal legal aid work, also opposed the LGFS proposals, calling on the Ministry of Justice to «quickly abandon the false premise that the criminal justice system is sustainable on its current course».
Earlier last month, on 10th April 2018, chambers» criminal practice group confirmed its support for the Criminal Bar Association's proposals in response to the new raft of
criminal legal aid cuts and you can read the announcement here.
In their press release vice-president Christina Blacklaws said: «The Law Society has consistently warned that this fragile
criminal legal aid market can not stand any further cuts.
The litigator graduated fee scheme is pencilled in for introduction at the same time, subject to the outcome of a consultation, and the unified contract for
criminal legal aid services is planned for July 2008.
In October 2015, the Legal Aid Agency considered all the tenders that had been submitted for
criminal legal aid duty contracts.
However, his real input was to stop an imminent ill - considered experiment
with criminal legal aid auctions in London.
The Lord Chancellor decided, following the two - stage Transforming Legal Aid consultation in 2013, to reduce the number of Duty Provider Work contracts from about 1,600 to 525 and also to impose a reduction in
criminal legal aid fees of 17.5 %.
Young Legal Aid Lawyers today (29 March 2018) issues the attached statement, in solidarity with colleagues who have made the difficult decison to take direct action in response to changes to the way in
which criminal legal aid work by advocates is remunerated under the Advocates» Graduated Fee Scheme (AGFS).
Jason Coppel QC, Jonathan Swift QC, Joanne Clement, Christopher Knight and Rupert Paines have previously acted for representative associations of
criminal legal aid solicitors in judicial review challenges to the two - tier contracting model and the process by which it was adopted.
Meanwhile, the Law Society recently
advised criminal legal aid lawyers that they may refuse work if it threatens the financial viability of their firm.
If you were fixated with an ideological concern to introduce best value tendering
into criminal legal aid then there are areas where you could do it.
Elsewhere, the MoJ has released consultations on
new criminal legal aid plans and further proposed changes to judicial review.
It is a well - known and established fact that severe legal aid cuts, and changes to the structure of payments in the larger cases, have led to a crisis amongst the better
Criminal Legal Aid suppliers — those trying to provide a quality service but not receiving appropriate remuneration.
R (London Criminal Courts Solicitors Association and others) v Lord Chancellor [2015] EWCA Civ 230, [2015] EWHC 295 (Admin), [2014] EWHC 4733 (Admin)-- represented the claimant / appellant solicitors» associations in their challenges to the Lord Chancellor's decisions
concerning criminal legal aid tenders.
She adds: «The LSC believes that BVT has the potential to secure high
quality criminal legal aid services, best value for taxpayers money and a fair deal for providers.»
The Oxford Economics report forecasts expenditure in
criminal legal aid based on trends in rates of crime and prosecution.
It pledges to save # 215 million by 2018/19 and not to seek any further cuts in
criminal legal aid during the lifetime of this parliament (ie until May 2015!).
The Board does not provide direct legal aid or advice in respect of criminal matters, however, it is responsible for the management and administration of 3 ad -
hoc criminal legal aid schemes,
If you've been charged with a crime, ask your solicitor or barrister if you're able to
get criminal legal aid.
The LSC told the committee that there were 11 consultations on the
present criminal legal aid reform proposals, seven on civil legal aid and one cross-cutting consultation.
Young Legal Aid Lawyers co-chairs Oliver Carter and Rachel Francis presented an introduction to YLAL and a brief history of legal aid, from the Poor Prisoners Defence Act 1903, which
introduced criminal legal aid for defendants in the higher criminal courts, to the Legal Aid, Sentencing and Punishment of Offenders Act 2012 («LASPO»), which wholly or partially removed a number of areas of law from the scope of legal aid.
On - Site Legal Aid: «Once open, on - site legal aid offices will be operating in 26 courthouses serving almost 80 per cent of
criminal legal aid clients province - wide.
Yet it is plain that any proposal to
curtail criminal legal aid that is solely fixated on cost, does not fulfil the value for money duty.
The devastation being wrought on
criminal legal aid at present has, if nothing else, brought some welcome media attention to the place of legal aid in a civilised society.
MPs were invited to attend the event prior to the EDM debate in Parliament to revoke the Statutory Instrument on
Criminal Legal Aid remuneration bringing in the new AGFS scheme.