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13 March 2017 / Steve Hynes
Issue: 7739 / Categories: Opinion , Legal aid focus , Profession
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Criminal actions

Will the government learn from past criminal legal aid mistakes, asks Steve Hynes

Michael Gove’s time at the Ministry of Justice (MoJ) was mainly marked by a series of policy u-turns which dismantled the legacy of his predecessor, Chris Grayling, and earned him plaudits from the legal profession. For legal aid, it was the abandonment of two-tier contracts in criminal legal aid which was perhaps the most dramatic of his policy reversals. This was forced on him by a combination of effective campaigning by criminal legal aid lawyers and bad advice from his civil servants. Gove’s successor, Liz Truss, seems to not to have learnt any lessons from this debacle and is heading for another showdown with criminal legal aid lawyers.

Two-tier contracts

Successive legal aid administrators have been attracted to the idea of putting duty work for police and magistrates’ court work out to tender. In March 2009, the then Labour government announced it was going to introduce a system of best value tendering (BVT) for the work. At the time many practitioners

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NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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