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16 February 2021
Issue: 7921 / Categories: Legal News , Criminal , Legal aid focus , Legal services
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Fund criminal defence firms or lose them, ministers told

Failure to increase pay puts criminal legal aid system at risk of collapse

The structure of criminal defence firms is at risk of collapse and urgently needs investment, the Law Society has warned.

There has been a steady decline in numbers of firms in the past decade―as of 1 February 2021, there were 1,109 firms holding a criminal legal aid contract, 752 fewer than in 2011. However, the COVID-19 pandemic is now heaping fresh pressure on solicitors.

HM Courts and Tribunals figures for the week ending 24 January showed 56,003 outstanding cases in the Crown courts and 474,220 in the magistrates’ courts. The latest Nightingale court, a Taunton venue that will host both a Crown court and magistrates’ court, began hearing cases this week―bringing the total number of temporary courtrooms now in operation to 42.

David Greene, Law Society president said: ‘An increase in capacity is essential to meet the growing Crown court backlog but swift further investment on a much greater scale is required to make inroads into the growing problem.

‘Backlogs mean that justice is being delayed for victims, witnesses and defendants, who have proceedings hanging over them for months, if not years, with trials listed for 2022 and, reportedly, even 2023. Given the ongoing pandemic, Nightingale courts are the best way to boost capacity to tackle the backlog while keeping court users as safe as possible.’

He called for legal aid practitioners to be paid properly and for their area of business to be economically sustainable, or the system would ‘collapse’.

‘It is alarming but not surprising to see the decline in the number of criminal legal aid firms over the past decade given the lack of government support they have received,’ Greene said.

‘While the second part of the criminal legal aid review is now under way and will hopefully provide the structural increase in resources needed for the long-term sustainability of the sector, any benefits from it are some way off. We have consistently called on the government to recognise the consistent failure to increase payments for over 20 years and that an immediate increase is a necessity to provide criminal defence solicitors with the additional funds they so desperately need.’

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Bird Bird hires leading legal transformation expert

NEWS
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.

How forcefully can a litigant criticise a public authority before robust advocacy crosses the line into unreasonable conduct? 
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