Source · Select Committees · Justice Committee
Recommendation 9
9
Paragraph: 47
The predominance of inadequate fixed fees in the current framework is problematic.
Recommendation
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.
Paragraph Reference:
47
Government Response
Not Addressed
HM Government
Not Addressed
The Criminal Legal Aid Independent Review’s Terms of Reference include a section on ‘fee review’ which is 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, including whether criminal legal aid is appropriately funded. We will address this issue in our response to the review and have committed to responding to the Review’s final report before the end of 2021.