Solicitors' leaders have warned that additional criminal legal
aid funding must not be a one-off if there is to be a viable
future for this vital public service.
The Law Society of England and Wales has responded to the
Criminal Legal Aid: Proposals for Solicitor Fee Scheme Reform
consultation which ends tomorrow (4 July).
The consultation sets out proposals for changes to the criminal
legal aid solicitor fee schemes. This covers work carried
out by solicitors at police stations, in magistrates' courts, in
the Crown Court, and in prisons.
“Like the NHS or education, criminal legal aid is a vital public
service,” said Law Society president Richard Atkinson.
“But decades of neglect and underfunding have led to a real
danger that solicitors won't be there when needed to provide this
crucial legal advice.
“The increases proposed in the consultation are, therefore, a
welcome first step in the right direction.
“However, there remains concern whether, given the impact of
inflation, this additional funding will be sufficient for
criminal legal aid firms to remain viable and to recruit young
solicitors to work in criminal legal aid.”
Research by the Law Society shows that since 2017, more than
1,400 criminal duty solicitors have left the sector. The
average age of a duty solicitor is 51 and just 7% are under 35
years old.
In its consultation response the Law Society sets out how the
additional money could make a more meaningful impact if it was
spent in a different way. Suggestions include:
- Introducing enhanced police station fees for out of hours
work and complex cases
- Introduction of interim payments for magistrates' courts work
- Complete reform of the Litigators' Graduated Fee Scheme
- Increasing the cracked trial fee to 95% of the trial fee
- Increasing fees for appeals work
“It is essential that regular annual cost of living increases are
put in place to give the profession confidence that the
government has a long-term commitment to criminal legal aid,”
added Richard Atkinson.
“Without such a commitment, even these welcome increases will not
be sufficient to assure firms that there is a viable future in
this work. Any further decline in criminal legal aid solicitor
numbers will put access to this vital public service in peril.”
Notes to editors
