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‘Hard decisions’ ahead on criminal legal aid

The Law Society of England and Wales has published guidance to help law firms decide whether they can continue to provide criminal legal-aid work.

The body said that solicitors had been left dismayed by the new Labour government’s failure to show it was serious about tackling the crisis in criminal justice.

The Law Society of England and Wales added that, after nearly 100 days since taking office, the new government had:

• Failed to reconsider the decision of the previous government not to increase legal-aid rates for defence solicitors by the recommended bare minimum 15%, despite a judicial review directing this should happen,
• Failed to publish its response to a consultation on police station and youth court fees that would see a small rise in legal-aid rates for defence solicitors,
• Chosen to ask law firms to bid for ten-year criminal legal-aid contracts despite the uncertainty caused by the failure to do both the above.

Paper over the cracks

“The dedication of criminal legal-aid lawyers has allowed successive governments to paper over the cracks and avoid the hard decisions that need to be made about our criminal-justice system. That goodwill has run out,” said incoming Law Society president Richard Atkinson (7 October).

“We can no longer ask firms to hold on in the hope of action from government that may never come. We have gone beyond a system that is based on goodwill, and now it is at the limits of financial viability.

“We recommend firms examine the viability of each type of criminal legal-aid work they undertake to decide if they should scale back or withdraw altogether until there is meaningful action by the new government.”