The review was conducted by Sir Christopher Bellamy, who was made a minister at the Ministry of Justice this week, replacing Lord Wolfson, who resigned in April in protest at Partygate. Sir Christopher called for an immediate minimum remuneration increase of 15% across the board. However, the MoJ’s proposals came under fire from solicitors for falling short.
Responding, Law Society president I Stephanie Boyce said: ‘The government proposals amount to just 9%, which is woefully inadequate.
‘This will not reverse the damage to our criminal justice system, persuade young lawyers that they could have a viable career in this sector, prevent the closure of more criminal legal aid firms, or enable the courts backlog to be addressed. Criminal courts are crippled by a lack of judges, court staff, prosecutors and defence lawyers.’
The Bar Council, in its response, warned several of the MoJ’s proposals for changes to the fee schemes were made on the basis they were ‘cost-neutral’. It said: ‘We support investment that is evidence-based. Sir Christopher recommended that the 15% was to be the first step. For the government to state that further changes must be cost-neutral is saying that the government will ignore the evidence.’
Also, any investment would come to advocates ‘many months or even years after Sir Christopher recommended it, with inflation having eroded the benefit of any increase’.
Currently, defence counsel receives £75 for half-day trials and £150 for full-day trials in the magistrates’ court, while the Crown Prosecution Service pays its counsel twice this rate. The Bar Council called for ‘parity’ at ‘the very least’.
CILEX, in its response, said the fees uplifts were ‘a step in the right direction’ but called for an impact review in 24 months and urged the government to grant CILEX professionals higher rights of audience.
The Criminal Bar Association is due to ballot its members this weekend on whether to escalate its protest action. Members have been refusing returns since April.
