News the Ministry of Justice (MoJ) has scaled down
a pilot project to extend court opening
hours is a welcome indication the government is on
its way to recognising the fragility of the criminal
legal aid sector, the Law Society of England and Wales said
today.
Previous plans to trial extended court hours were suspended last
September after the Law Society and other key stakeholders raised
serious concerns over fundamental issues in
execution, resource and methodology.
“HM Courts and Tribunal Service’s (HMCTS) willingness
to listen to the Law Society and address our members’ and other
stakeholders’ concerns about trialling extended hours is
encouraging,” saidLaw Society president Christina Blacklaws.
“Now the plans have re-emerged without the inclusion of
crime courts, we cautiously welcome the smaller scale of the
trial. We acknowledge this is a pilot in two civil and
family courts and that an independent evaluation will
be carried out before any decisions are made about further
roll-out. This gives welcome reassurance to our members, who
need confidence that the eventual evaluation will be robust.
“Although participation is voluntary, we
remain concerned that solicitors with children or other
caring responsibilities as well as more junior practitioners and
some religious groups may be disadvantaged by these longer hours.
In addition, our own analysis indicates the extension of
hours will increase the costs to the firms involved.
“Proceeds for legal aid work in family cases is already low. We
are therefore pleased that HMCTS have taken on board our
recommendation for legal aid solicitors to be compensated through
a pilot participation fee for court sessions requiring the
attendance of a publicly funded legal representative outside of
the hours of 09:00-17:30. We would like to see further details of
this fee.
“As always, we will work to make sure our members’ concerns are
addressed and evaluated.”
Ends
Notes to editors:
The extended operating hours pilots were originally due to start
in May 2017.
HMCTS had proposed to run the pilots over a six month
period at six different courts across the country, including:
- Crown Courts:
Newcastle Crown Court and Blackfriars Crown Court
- Magistrates'
Courts: Sheffield and Highbury Corner
- Civil/Civil and
Family Courts: Brentford County Court and Manchester Civil
Justice Centre
The Law Society raised concerns at local implementation groups,
as well as with senior HMCTS and Legal Aid Agency officials.
