Criminal defence lawyers have expressed fury after the Ministry of Justice (MoJ) published its response to its controversial consultation on criminal legal aid.
Under the new proposals fees will be reduced by 6% and a new version of the Advocates Graduated Fees Scheme (AGFS) will be introduced—this will be reviewed after one year.
An unlimited number of own client contracts for solicitors will be allowed, while 525 duty contracts will be made available.
Duty solicitor fees will be reduced by 8.75% for cases starting after 20 March, with a further reduction planned for next year. While a a review will be held to look at ways to minimise the number of pre-trial hearings which require advocates to travel to and attend court—currently, barristers often receive as little as £80 for a pre-trial hearing from which they must pay their own travel.
Justice Secretary Chris Grayling said “more appropriate” fees would be paid in future to defence lawyers where a case is dropped, as well as interim payments during long trials, while extra information and support will be given to solicitors preparing for the new tender process. However, Nicholas Lavender QC, chair of the Bar Council, said the MoJ’s response “confirmed our worst fears”. “We are bitterly disappointed that, despite a sustained campaign emphasising that these proposals are contrary to the public interest, the government is pressing ahead with significant cuts to legal aid for advocacy in the Crown Court,” he said.
“These cuts are financially unnecessary, will cause significant damage to the justice system and to our international reputation for upholding the rule of law and will drive skilled and experienced advocates away from publicly-funded criminal work.”
Lavender said that, even before the current proposals, fees for Crown Court cases had been “savagely” cut by 21% on average since 2007 (a 37% cut in real terms). Defence lawyers have planned a second day of protest for 7 March, when they will boycott the courts. Criminal Bar chair, Nigel Lithman QC has also indicated he will call on senior members of the Bar to boycott Grayling’s flagship Magna Carta conference next year – which would be a serious embarrassment for the government.
The Law Society said it would support its members through the changes.
