The Ministry of Justice (MoJ) published its response to Sir Christopher Bellamy QC’s Review this week, along with plans to reform the system. The consultation paper had not yet been published at the time of going to press but proposals include removing the financial cap on eligibility for Crown Court defendants (the ‘innocence tax’), restructuring the fee scheme, providing funding for training and removing barriers for CILEX Lawyers.
Law Society president I Stephanie Boyce said: ‘It is disappointing that the fee increases will be delayed for a few months more after so many years of waiting and it remains to be seen whether the investment will be enough to halt the exodus from criminal defence work, but we hope this injection of cash can begin to turn the tide.’
However, a Criminal Bar Association (CBA) ballot of members returned this week showed more than 94% in favour of refusing to accept return work under the Advocates’ Graduated Fees Scheme from 11 April onwards, if fee increases were delayed until September.
In a statement published after the government’s response to the Review, CBA chair Jo Sidhu QC said: ‘Our members have already made it clear that the suggested increase in fees by Sir Christopher Bellamy will not be sufficient to retain enough criminal barristers to keep the wheels of justice turning and that means victims will be failed.’
The MoJ also proposes raising the income and capital legal aid thresholds to include a further two million people, removing the means test for some victims of domestic abuse, providing free legal representation for all under-18s and for parents challenging doctors over withdrawal of their child’s life support, and providing free legal help for families at inquests where there has been a potential human rights breach.
Bar Council chair Mark Fenhalls QC said: ‘These proposals will help the most vulnerable have access to justice.’
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