The review, led by Sir Christopher Bellamy, recommends a minimum of £135m extra a year to keep the criminal justice system functioning effectively’. This would increase funding for solicitors and barristers by at least 15% above present levels. Sir Christopher said this was ‘the minimum necessary as a first step in nursing the system of criminal legal aid back to health after years of neglect’.
The 165-page report calls for an independent advisory board to be created, not as a pay advisory body but with the task of reporting regularly to the Lord Chancellor and proposing policy developments.
The Ministry of Justice said it would issue its full response and consultation by the end of March 2022.
Dominic Raab, Lord Chancellor, said: ‘I recognise the importance of remuneration in delivering long term sustainability of the market and I will consider [Sir Christopher’s] recommendations on this matter very carefully.
‘I also recognise the importance of ensuring suitably experienced advice is available as early in a case as possible, so that cases are resolved at the earliest opportunity, increasing efficiency and improving outcomes in the criminal justice system. Sir Christopher makes specific recommendations on pre-charge engagement, which I will consider carefully.’
Derek Sweeting QC, Chair of the Bar Council, said: ‘The report contains a comprehensive analysis of the underfunding of the criminal justice system over decades and its dire consequences, not just for lawyers, but for defendants, victims of crime and witnesses.
‘The conclusion could not be clearer; urgent additional funding is needed if the entire system is not to face collapse with the profound societal problems and loss of confidence in the justice system that this would cause.
‘The Bar Council welcomes the call for significant additional funding, a general uplift in fees and a restructuring of legal aid to ensure that work undertaken is remunerated appropriately and paid without delay. The report sets out minimum requirements for extra investment; more will be needed if the government is to achieve its ambitious targets in relation to tackling serious crime and reducing the backlog.’
Law Society president I Stephanie Boyce said: ‘Hundreds of criminal legal aid firms have shut their doors over the past decade with no significant increase in criminal legal aid remuneration rates since 1996.
‘We recognise this proposed uplift in funding does not undo all the damage of those 25 years and echo Sir Christopher’s view that it is the “minimum necessary” first step. With a huge backlog of criminal cases to be heard and increased police numbers predicted to lead to more arrests, criminal defence solicitors are needed more than ever, but those that remain are already stretched to breaking point.’
Linda Ford, CEO of the Chartered Institute of Legal Executives (CILEX), said: ‘CILEX is particularly pleased that the review recognises the diversity of CILEX lawyers, calls for their participation in more police station work and also acknowledges “the valuable role” played by them “across the criminal legal sector.
‘The inclusion of the specific recommendation to resolve the anomaly that actively prevents qualified CILEX lawyers from being recognised and able to participate in the Criminal Legal Aid Solicitors Scheme is an important step.’
Read the full review here.
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