Recommendations & Conclusions
19 items
2
Recommendation
3rd Report - The Future of Legal Aid
Deferred
The changes made as part of the Criminal Legal Aid Review are positive and show that the Government recognises the need to make improvements to the criminal legal aid framework. It is particularly welcome that the Government has acted on pre-charge engagement. However, much more needs to be done to …
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The changes made as part of the Criminal Legal Aid Review are positive and show that the Government recognises the need to make improvements to the criminal legal aid framework. It is particularly welcome that the Government has acted on pre-charge engagement. However, much more needs to be done to make criminal legal aid sustainable.
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Government response AI summary
The government agrees on the importance of sustainability and states that Sir Christopher Bellamy QC's Independent Review is considering the resilience of the criminal legal aid market; they will address the issue in their response to his review.
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Ministry of Justice
3
Conclusion
3rd Report - The Future of Legal Aid
Deferred
Without significant reform there is a real chance that there will be a shortage of qualified criminal legal aid lawyers to fulfil the crucial role of defending suspects and defendants. This risks a shift in the balance between prosecution and defence that could compromise the fairness of the criminal justice …
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Without significant reform there is a real chance that there will be a shortage of qualified criminal legal aid lawyers to fulfil the crucial role of defending suspects and defendants. This risks a shift in the balance between prosecution and defence that could compromise the fairness of the criminal justice system.
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Government response AI summary
The government acknowledges the concern and states it is being considered as part of an Independent Review into Criminal Legal Aid, with a commitment to respond to the review's final report by the end of 2021.
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Ministry of Justice
4
Recommendation
3rd Report - The Future of Legal Aid
Deferred
There appears to be a growing imbalance between the ability of criminal defence firms to recruit and retain staff and that of the Crown Prosecution Service. It is fundamental to our adversarial justice system that criminal defence services have sufficient resources to provide high-quality representation to suspects and defendants. We …
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There appears to be a growing imbalance between the ability of criminal defence firms to recruit and retain staff and that of the Crown Prosecution Service. It is fundamental to our adversarial justice system that criminal defence services have sufficient resources to provide high-quality representation to suspects and defendants. We recommend that the Government consider linking legal aid fees to the rates of pay of the Crown Prosecution Service.
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Government response AI summary
The government has deferred consideration of linking legal aid fees to CPS pay rates, noting that profitability and comparison to CPS pay are being examined as part of the Independent Review into Criminal Legal Aid, and will be addressed in its response to the review.
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Ministry of Justice
5
Recommendation
3rd Report - The Future of Legal Aid
Deferred
The lack of any increase to criminal legal aid fees for solicitors over the past 20 years needs to be addressed. Sir Christopher Bellamy’s current review, commissioned by the Government, gives an opportunity to do this. Thereafter, fees and rates should be regularly reviewed in line with inflation, otherwise the …
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The lack of any increase to criminal legal aid fees for solicitors over the past 20 years needs to be addressed. Sir Christopher Bellamy’s current review, commissioned by the Government, gives an opportunity to do this. Thereafter, fees and rates should be regularly reviewed in line with inflation, otherwise the gap will build up over time and become harder to address.
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Government response AI summary
The government injected up to £51m per annum into the criminal legal aid system in September 2020. However, the core issues of criminal legal aid fees and regular inflationary reviews are being considered by the Criminal Legal Aid Independent Review, and the government will address …
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Ministry of Justice
6
Recommendation
3rd Report - The Future of Legal Aid
Deferred
The criminal justice system will be stronger if able and experienced advocates at the criminal bar are able to do publicly funded legal aid work. The gap between private and public rates has grown substantially in the past decade, and while a significant gap is to be expected, we agree …
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The criminal justice system will be stronger if able and experienced advocates at the criminal bar are able to do publicly funded legal aid work. The gap between private and public rates has grown substantially in the past decade, and while a significant gap is to be expected, we agree with Criminal Bar Association’s interim submission to the Independent Review of Criminal Legal Aid that there needs to be a connection between the two. Further, in assessing the fees paid to advocates, it is important to remember that the total fees do not translate directly to earnings, as barristers have to pay considerable overheads, expenses and chambers fees out of the gross fee. The Government should take this into account when considering how to reform the criminal legal aid system.
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Government response AI summary
The government highlights a previous £51m funding injection and states that the Criminal Legal Aid Independent Review's terms of reference include a fee review, committing to address this issue in its response to the review's final report by the end of 2021.
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Ministry of Justice
8
Conclusion
3rd Report - The Future of Legal Aid
Deferred
The justice system needs talented lawyers from all backgrounds to choose to practise criminal law and for the professions to be able to retain them. In 2018, The Future of Legal Aid 67 our predecessor Committee stated “that current difficulties in recruitment to the Criminal Bar could have a negative …
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The justice system needs talented lawyers from all backgrounds to choose to practise criminal law and for the professions to be able to retain them. In 2018, The Future of Legal Aid 67 our predecessor Committee stated “that current difficulties in recruitment to the Criminal Bar could have a negative impact on future recruitment to, and diversity within, the judiciary—in particular for judicial office holders in the criminal courts”. This inquiry’s evidence has reaffirmed those concerns.
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Government response AI summary
The government acknowledges concerns regarding diversity and retention in criminal legal aid, stating that this issue is being considered as part of an Independent Review, to which they are committed to responding before the end of 2021.
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Ministry of Justice
9
Recommendation
3rd Report - The Future of Legal Aid
Deferred
The predominance of inadequate fixed fees in the current framework is problematic. The structure of the fees does not reflect the complexity of the work required, nor does it incentivise firms to take on the most difficult cases at an early stage. The Government should reform the fee structure to …
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The predominance of inadequate fixed fees in the current framework is problematic. The structure of the fees does not reflect the complexity of the work required, nor does it incentivise firms to take on the most difficult cases at an early stage. The Government should reform the fee structure to prioritise quality over quantity and to allow criminal defence lawyers to spend more time on the most difficult cases at the earliest possible stage. There is a risk to the fairness of the criminal justice system if lawyers are not willing to take on the most complex cases because of the low rates of pay. There are also clear benefits for the operation of the criminal justice system if more work can be done at an early stage to make progress on a case. The Government should reform the fee structure to prioritise quality over quantity and to allow criminal defence lawyers to spend more time on the most difficult cases at the earliest possible stage. There is a risk to the fairness of the criminal justice system if lawyers are not willing to take on the most complex cases because of the low rates of pay. There are also clear benefits for the operation of the criminal justice system if more work can be done at an early stage to make progress on a case.
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Government response AI summary
The government has deferred action on reforming the fee structure for criminal legal aid, indicating that the matter is being considered by the Criminal Legal Aid Independent Review, and will be addressed in its response to the review's final report.
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Ministry of Justice
10
Recommendation
3rd Report - The Future of Legal Aid
Deferred
The Committee’s inquiry on court capacity has focused on the Crown Court where the delays are the most acute. In that context, it is imperative that the criminal legal aid system should be structured to facilitate resolution of cases at the earliest possible stage in the process.
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The Committee’s inquiry on court capacity has focused on the Crown Court where the delays are the most acute. In that context, it is imperative that the criminal legal aid system should be structured to facilitate resolution of cases at the earliest possible stage in the process.
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Government response AI summary
The government states that the Criminal Legal Aid Independent Review is currently considering how the legal aid system's structure and advice provision could increase efficiency, committing to address this issue in its response to the review's final report by the end of 2021.
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Ministry of Justice
11
Recommendation
3rd Report - The Future of Legal Aid
Deferred
The criminal legal aid system should be restructured so that it enables legal aid lawyers to provide effective representation at every stage of the process, works for complex cases and sustains providers in all areas of England and Wales. The Government should reduce the role of fixed fees within the …
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The criminal legal aid system should be restructured so that it enables legal aid lawyers to provide effective representation at every stage of the process, works for complex cases and sustains providers in all areas of England and Wales. The Government should reduce the role of fixed fees within the legal aid system to ensure that high- quality work at every stage of proceedings and on complex cases is fairly remunerated.
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Government response AI summary
The government refers to previous funding injections and states that the Criminal Legal Aid Independent Review's terms of reference include a section on fee review, committing to address the issue in its response to the review's final report by the end of 2021.
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Ministry of Justice
12
Recommendation
3rd Report - The Future of Legal Aid
Deferred
The current criminal legal aid system does not provide enough incentives for legal representatives to take early action to progress cases through the system as quickly as possible. The legal aid fee structure should incentivise early engagement between defence lawyers and the police and the CPS. We note that the …
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The current criminal legal aid system does not provide enough incentives for legal representatives to take early action to progress cases through the system as quickly as possible. The legal aid fee structure should incentivise early engagement between defence lawyers and the police and the CPS. We note that the Government has sought to make changes to pre-charge engagement, but more changes are needed. The current system does not do enough to recompense lawyers for taking on complex cases at the police station and at the magistrates’ court. Investing more in early engagement will lead to savings to the public purse, as cases would be resolved at an earlier stage, which could free up capacity across the criminal justice system.
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Government response AI summary
The government states that Sir Christopher Bellamy QC's Independent Review is considering whether changes to advice provision and the criminal legal aid system's structure could increase efficiency and incentivise early engagement, with the government committed to responding to the review's final report.
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Ministry of Justice
13
Conclusion
3rd Report - The Future of Legal Aid
Deferred
The Government needs to ensure that the legal aid framework is able to respond and adapt to changes in volume and practice over time in the criminal justice system.
Government response AI summary
The government has deferred action on ensuring the legal aid framework's adaptability, stating it will address the issue in its response to Sir Christopher Bellamy QC's Independent Review into Criminal Legal Aid, which is considering the resilience of the market.
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Ministry of Justice
14
Conclusion
3rd Report - The Future of Legal Aid
Deferred
Our 2019–21 Report on the effect of Covid-19 on the legal professions discussed measures taken to provide additional income during the early stages of the 68 The Future of Legal Aid pandemic. The impact of Covid-19 means, however, that the need to take action to improve the criminal legal aid …
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Our 2019–21 Report on the effect of Covid-19 on the legal professions discussed measures taken to provide additional income during the early stages of the 68 The Future of Legal Aid pandemic. The impact of Covid-19 means, however, that the need to take action to improve the criminal legal aid framework is now even more urgent than it was when the Government set up the Criminal Legal Aid Review in 2018.
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Government response AI summary
The government states it has committed to responding to Sir Christopher’s review by the end of 2021, and highlights accelerated measures already implemented that brought significant new funding to criminal legal aid during the pandemic.
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Ministry of Justice
15
Recommendation
3rd Report - The Future of Legal Aid
Deferred
The Government should evaluate whether the money saved by the means test is justified when weighed against its impact on the fairness of criminal justice system. If the means tests for the magistrates’ court and the Crown Court are to remain then the current eligibility thresholds should be addressed and …
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The Government should evaluate whether the money saved by the means test is justified when weighed against its impact on the fairness of criminal justice system. If the means tests for the magistrates’ court and the Crown Court are to remain then the current eligibility thresholds should be addressed and thereafter automatically uprated every year in line with inflation.
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Government response AI summary
The government acknowledges the recommendation and states that a Means Test Review, launched in February 2019, is currently assessing the effectiveness and thresholds, with plans to publish the review and a public consultation shortly.
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Ministry of Justice
16
Recommendation
3rd Report - The Future of Legal Aid
Deferred
The Government’s response to our report on private prosecutions concluded that the rules should be changed to level down what private prosecutors can recover from central funds. Our view is that this is the wrong approach. The right approach would be to make the system fairer by levelling up and …
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The Government’s response to our report on private prosecutions concluded that the rules should be changed to level down what private prosecutors can recover from central funds. Our view is that this is the wrong approach. The right approach would be to make the system fairer by levelling up and removing the cap on what reasonable costs acquitted defendants may recover from central funds.
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Government response AI summary
The government states it is considering the issue of costs that acquitted defendants may recover from central funds as part of the ongoing Means Test Review.
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Ministry of Justice
18
Recommendation
3rd Report - The Future of Legal Aid
Deferred
The Government should consider how technology can be used to increase the accessibility of legal advice to suspects and defendants. The Government should also consider developing a scheme to enable criminal legal aid providers to upgrade their digital capacity.
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The Government should consider how technology can be used to increase the accessibility of legal advice to suspects and defendants. The Government should also consider developing a scheme to enable criminal legal aid providers to upgrade their digital capacity.
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Government response AI summary
The government states that Sir Christopher Bellamy QC's Independent Review is considering the efficiency of the criminal legal aid market, including how legal aid can be responsive to user needs and administrative burdens, and the government will address this in its response to the review.
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Ministry of Justice
19
Recommendation
3rd Report - The Future of Legal Aid
Deferred
Successive governments have prioritised efficiency and costs over the quality of the criminal justice system. The Committee’s inquiry into Court Capacity has highlighted the difficult situation facing the courts at the start of the pandemic. Unless there is significant change to criminal legal aid, there is a real risk that …
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Successive governments have prioritised efficiency and costs over the quality of the criminal justice system. The Committee’s inquiry into Court Capacity has highlighted the difficult situation facing the courts at the start of the pandemic. Unless there is significant change to criminal legal aid, there is a real risk that the balance between defence and prosecution, which is at the heart of our adversarial justice system, will be unfairly tilted in favour of the prosecution. The fairness of criminal justice system depends on a criminal legal aid system that is properly funded and that is structured to enable lawyers to provide high-quality work on the most complex cases at every stage of the process. The Government’s response to the independent review of criminal legal aid must ensure that criminal lawyers are paid for all the work they do to represent their clients and that fees and rates are regularly reviewed so that the profession can remain sustainable for the long-term. (Paragraph 79) Civil legal aid
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Government response AI summary
The government states that Sir Christopher Bellamy QC's Independent Review into Criminal Legal Aid is considering the resilience of the market and fee review mechanisms. The government commits to addressing this issue in its response to the review's final report before the end of 2021.
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Ministry of Justice
29
Conclusion
3rd Report - The Future of Legal Aid
Deferred
We welcome the decision to remove the £100,000 cap. However, we regret that it was ever necessary for a victim of domestic violence to have litigate to obtain legal aid because of the Government’s failure to ensure that the means test is regularly updated.
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We welcome the decision to remove the £100,000 cap. However, we regret that it was ever necessary for a victim of domestic violence to have litigate to obtain legal aid because of the Government’s failure to ensure that the means test is regularly updated.
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Government response AI summary
The government acknowledges that means test elements have not been uprated for some years and states that the ongoing Means Test Review is specifically considering how the means test applies to victims of domestic abuse.
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Ministry of Justice
30
Recommendation
3rd Report - The Future of Legal Aid
Deferred
We welcome the Government’s decision to review the means test for both civil and criminal legal aid. There is a strong consensus among witnesses that any revised means test for civil legal aid should be simpler, for example by using passporting, should be set at an objectively defined poverty line …
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We welcome the Government’s decision to review the means test for both civil and criminal legal aid. There is a strong consensus among witnesses that any revised means test for civil legal aid should be simpler, for example by using passporting, should be set at an objectively defined poverty line and should be regularly uprated. The vast majority of taxpayers are not eligible for civil legal aid, and for those that are, it is often difficult to access.
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Government response AI summary
The government states its Means Test Review is considering a full range of criteria, including passporting and capital thresholds, to ensure access to justice for low-income individuals.
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Ministry of Justice
42
Recommendation
3rd Report - The Future of Legal Aid
Deferred
The Government should consider enabling the Legal Aid Agency to provide specific support to legal aid providers to bring in trainees. This support should be targeted to areas where there is a particular shortage of specialist advice.
Government response AI summary
The government is considering how best to support the legal aid workforce as part of its ongoing work on civil legal aid market sustainability, which includes considering funded posts and training contracts for providers.
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Ministry of Justice