Source · Select Committees · Justice Committee
Recommendation 6
6
Paragraph: 37
The criminal justice system will be stronger if able and experienced advocates at the criminal...
Recommendation
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.
Paragraph Reference:
37
Government Response
Not Addressed
HM Government
Not Addressed
In September 2020, we injected up to £51m per annum into the criminal legal aid system, through payments for reviewing unused material and through increased funding for cracked trials and paper heavy cases. In addition, the Criminal Legal Aid Independent Review’s Terms of Reference include a section on ‘fee review’ considering whether a mechanism to review fees might ensure they are flexible, can adapt to changing market conditions, encourage new providers to enter the market and incentivise providers to continuously improve the quality of their services. We will address this issue in our response to his review and have committed to responding to the Review’s final report before the end of 2021.