header-logo header-logo

Law Society: scale back or withdraw over criminal legal aid

09 October 2024
Issue: 8089 / Categories: Legal News , Profession , Criminal , Legal aid focus
printer mail-detail

Criminal solicitors have been advised by their own professional body to consider quitting rather than ‘hanging on’ if they find criminal legal aid work financially unviable

The Law Society crossed the threshold this week into recommending firms stop waiting for a government decision on fees, review the viability of each part of their criminal practice and, if not viable, stop all or part of their police station and court work.

Last November, it issued a practice note advising solicitors on circumstances where they might refuse police station and court work—areas which received a 9% increase in fees rather than the minimum 15% recommended by the 2021 criminal legal aid independent review (CLAIR). In January, its judicial review against the government’s failure to implement CLAIR succeeded. The general election thwarted action on this, and the new government’s first budget is not until 30 October.

The Ministry of Justice (MoJ) has now said it will announce its decision on fee rates in November—but has asked firms to tender before this for ten-year legal aid contracts due to start next year.

However, incoming Law Society president Richard Atkinson said: ‘We can no longer ask firms to hold on in the hope of action from government that may never come.

‘We recommend firms examine the viability of each type of criminal legal aid work they undertake to decide if they should scale back or withdraw altogether until there is meaningful action by the new government.’

An MoJ spokesperson said: ‘The new government inherited a justice system under enormous strain and a criminal legal aid system facing significant challenges.

‘Criminal defence lawyers play an essential role in ensuring that justice is done. While any decision on future government funding is subject to the upcoming Spending Review, we are committed to working with the legal profession to support the sustainability of the market both now and in the future.’

Issue: 8089 / Categories: Legal News , Profession , Criminal , Legal aid focus
printer mail-details

MOVERS & SHAKERS

Gilson Gray—Linda Pope

Gilson Gray—Linda Pope

Partner joins family law team inLondon

Jackson Lees Group—five promotions

Jackson Lees Group—five promotions

Private client division announces five new partners

Taylor Wessing—Max Millington

Taylor Wessing—Max Millington

Banking and finance team welcomes partner in London

NEWS
The landmark Supreme Court’s decision in Johnson v FirstRand Bank Ltd—along with Rukhadze v Recovery Partners—redefine fiduciary duties in commercial fraud. Writing in NLJ this week, Mary Young of Kingsley Napley analyses the implications of the rulings
Barristers Ben Keith of 5 St Andrew’s Hill and Rhys Davies of Temple Garden Chambers use the arrest of Simon Leviev—the so-called Tinder Swindler—to explore the realities of Interpol red notices, in this week's NLJ
Mazur v Charles Russell Speechlys [2025] has upended assumptions about who may conduct litigation, warn Kevin Latham and Fraser Barnstaple of Kings Chambers in this week's NLJ. But is it as catastrophic as first feared?
Lord Sales has been appointed to become the Deputy President of the Supreme Court after Lord Hodge retires at the end of the year
Limited liability partnerships (LLPs) are reportedly in the firing line in Chancellor Rachel Reeves upcoming Autumn budget
back-to-top-scroll