header-logo header-logo

13 March 2017 / Steve Hynes
Issue: 7739 / Categories: Opinion , Legal aid focus , Profession
printer mail-detail

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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Switalskis—Sally Ann Masih, Suzy Overton & Jane Beaumont

Switalskis—Sally Ann Masih, Suzy Overton & Jane Beaumont

Trio of recruits strengthens Switalskis residential property team

Ward Hadaway—Steven Hayward

Ward Hadaway—Steven Hayward

Birmingham law firm appoints construction partner

Flint Bishop—six appointments

Flint Bishop—six appointments

Flint Bishop accelerates Northern growth through strategic senior appointments

NEWS
A High Court decision has clarified that a home may be unfit for human habitation not only where conditions endanger health or safety, but also where they seriously undermine comfort and convenience

A longer time limit for employment tribunal claims, new charity law thresholds, property tribunal recruitment and appellate guidance on small-claims costs feature in the latest Civil Way round-up

A recent High Court ruling could make issue estoppel considerably more complex in cross-border litigation, requiring parties to consider the foreign law governing the underlying claim
The Supreme Court has overturned Cheshire West’s bright-line test for deprivation of liberty, replacing it with a broader, more contextual assessment that gives greater weight to an individual’s wishes, feelings and apparent consent
Jonathan Fisher KC’s wide-ranging fraud report contains worthwhile proposals, but turning them into workable reform will require money, capacity and political will
back-to-top-scroll