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17 March 2022
Issue: 7971 / Categories: Legal News , Legal aid focus , Criminal , Profession
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Minimum offer may not placate criminal lawyers

Ministers have offered a rise of 15% (an extra £135m) in legal aid fees for criminal defence―the minimum recommended by Sir Christopher Bellamy’s Independent Review of Criminal Legal Aid―but it may not be enough to avert strike action by barristers

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.’

Issue: 7971 / Categories: Legal News , Legal aid focus , Criminal , Profession
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MOVERS & SHAKERS

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Flint Bishop—Russell Bainbridge

Flint Bishop—Russell Bainbridge

Flint Bishop lands corporate partner from Knights amid Sheffield growth drive

Bird & Bird—Huw Edwards

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Bird Bird appoints expert tech patent litigator as new partner in London

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
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.

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