The review, led by Lord Bellamy and published last December, recommended as a minimum an immediate 15% rise in criminal legal aid rates across the board. One year later, however, Raab last week published his full response, offering an extra £138m for the legal aid sector as a whole, including ‘raising the overall package [for solicitors] from 9% to 11%’.
In contrast, the government offered a 15% increase for the vast majority of Crown Court cases as part of a deal to end Criminal Bar strikes in September.
Law Society president Lubna Shuja said: ‘Having seen that direct action gets results, the response from some of our members may be to resort to disruptive tactics.
‘But far more worrying than any disruption caused by short-term action is the continued loss of criminal defence solicitors which is already leaving parts of the criminal justice system wholly unable to cope with the demands on it. This will get even worse across more areas of England and Wales. It will be far more costly to fix if we get that far.
‘We are still exploring options for saving the system, including a legal challenge of the decision.’
Law Society analysis suggests the number of duty solicitors will decrease by another 19% by 2025 (687 fewer duty solicitors) and the number of firms doing criminal legal aid work will decrease by 16% (150 fewer firms), leaving many people without access to a lawyer.
Shuja issued a stark warning to those considering a career in criminal defence practice, saying ‘it is highly unlikely that you will be able to generate a reasonable professional income from this work’. She highlighted that solicitors are under a regulatory duty to ensure they manage risks to the financial stability and business viability of their practices.
Mark Fenhalls KC, chair of the Bar, said: ‘The criminal justice system only works when the whole system works.
‘Our solicitor colleagues are clear that this announcement risks significant flight from criminal legal aid by solicitors which would leave the system in danger of collapse.’
