LSC crime packs published

Application packs for the new general criminal contract (GCC), which will apply to legal aid firms across England and Wales from next year, have been published by the Legal Services Commission (LSC).

Any providers—including current GCC contract holders—who want to carry out new criminal legal aid work from 14 January 2008 must apply.
The LSC says there will be no surprises in the new GCC, claiming it has consulted on everything in it “other than the necessary changes to take account of legal developments”. The amendment clauses, it says, reflect its understanding of the law following Mr Justice Beatson’s judgment on the unified contract in R (on the application of the Law Society) v Legal Services Commission.

Rodney Warren, director of the Criminal Law Solicitors’ Association, urges all criminal law solicitors to read the documentation thoroughly.
He says: “No one will want to sign any documentation until the content and, much more importantly, the ramification of the contract and system changes are thoroughly understood.

“The CLSA is arranging a series of regional meetings…and there is to be a national meeting on 23 October at Central Hall, Westminster. This meeting is sure to be a very important milestone. We would urge all criminal lawyers to attend.”

The main difference in the new contract is the way firms will be paid for police station work. The fixed fee level has been set by area, so that in areas outside the main cities an average provider with an average caseload will receive the same income as it does now.

The January 2008 contract reflects the current position on magistrates’ court fees after the amendments made to the fee structures in April 2007. Other changes include: expansion of the defence solicitor call centre to own client work; expansion of Criminal Defence Service (CDS) Direct to those elements of own client work suitable for telephone-only advice; and the introduction of the very high cost case contracting panel to run for 18 months. Crown court criminal aid fees are expected to be published next week.

The LSC believes most criminal legal aid providers will sign the contracts and that it will have sufficient firms to deliver the CDS.

Derek Hill, CDS director, says: “As with the unified contract earlier this year when 95% of existing civil legal aid providers signed, we expect that most firms will see it as in their interest to sign, as well as in the interest of their clients.”