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.
The government had decided, following its defeat in the previous judicial review brought by the practitioner groups and the subsequent re-consultation, to increase the number of duty contracts
for criminal legal aid work from 525 to 527.
The Government has just announced that it plans to bring forward to April 2013 its consultation on introducing competitive
tendering for criminal legal aid work.
Criminal legal aid: the Ministry of Justice is consulting on reform to the two fee
schemes for criminal legal aid, the Advocates» Graduated Fee Scheme (AGFS) and the Litigators» Graduated Fee Scheme (LGFS).
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.
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...
In relation to the criminal law proposals, there will be a meeting on Wednesday 22 May from 1.30 - 5 pm (not Friday 17 May as stated in our March minutes) in central London to discuss the Government's
proposals for criminal legal aid.
The Law Society Gazette reported that the Lord Chancellor is willing to drop the second 8.75 % fee
cut for criminal legal aid — with strings.
The NAO argues that the commission has paid practitioners # 25m too much and concluded that the LSC should «do more to understand the
market for criminal legal aid to make the most of its ability to control price and quality».
ILF's publication, «Measuring Justice» began to answer three baseline questions in defining and evaluating
quality for criminal legal aid providers: Why does quality matter?
It is paramount that the open and constructive dialogue with practitioners that led to this decision continues as the MoJ moves forward in determining the way
forward for criminal legal aid.
However, Minister for Justice Alan Shatter has dismissed this argument saying that the DPP cut prosecution fees by 10 % days after cuts were
announced for criminal legal aid lawyers.
The LSC's data sets,
especially for criminal legal aid, had been acknowledged to be incomplete, so a full impact assessment of the criminal legal aid reforms on BME clients could not be undertaken.
The highlights of the report state that the federal government provided $ 112 million
for criminal legal aid during this period, a decrease of 2 % when adjusted for inflation, whereas provinces and territories increased their criminal and civil legal aid by 1 % to $ 563 million.
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.
A spokesman adds: «The new six - month contracts we are introducing in
January for criminal legal aid work ensure that we have already taken account of this possible effect of the judgment.»
The LSC will then operate out of its remaining five offices in London, Bristol, Liverpool and South Tyneside for civil legal aid, and
Nottingham for criminal legal aid.
Provincial and territorial ministers asked the federal Minister of Justice for continued and enhanced federal funding
support for criminal legal aid to address the continued pressures faced by all legal aid programs.
[The introduction of the general criminal contract in 2001] led to a drop in the number of solicitor offices
claiming for criminal legal aid work from around 8500 in 1999/2000 to under 3000 by the time the contract was introduced.
The Ministry of Justice's consultation on reform to the two fee
schemes for criminal legal aid (the Advocates» Graduated Fee Scheme (AGFS) and the Litigators» Graduated Fee Scheme (LGFS)-RRB- closed in March.
Fortunately, such were the problems with the duty tenders, at least for this Parliament competitive
tendering for criminal legal aid is unlikely to be resurrected, but a further clash with criminal legal aid firms is on the horizon.
In Scotland, after the introduction of fixed fees
for criminal legal aid work, the firms that did a great deal of this work dramatically increased the number of cases they took on and dramatically decreased the amount of client contact and preparation of the defence case.
The year began with the government abandoning plans to introduce the two tier contracts
for criminal legal aid and suspending the second 8.75 % fee cut for 12 months.
The government's proposal for «competitive tendering»
for criminal legal aid is part of a group of proposals which are supposed to save # 220 million a year over the next five years.
Take, for example, the Ministry of Justice's current «consultation» on a scheme of «competitive tendering»
for criminal legal aid.
Here, there are four important points of concern about the proposal for «competitive tendering»
for criminal legal aid.
Total applications for service were down by 3.4 %
for criminal legal aid and up by 3.1 % for civil matters.