Source · Select Committees · Justice Committee
Recommendation 12
12
Paragraph: 53
The current criminal legal aid system does not provide enough incentives for legal representatives to...
Conclusion
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.
Paragraph Reference:
53
Government Response
Not Addressed
HM Government
Not Addressed
Sir Christopher Bellamy QC is considering whether changes to when and how advice is provided could increase efficiency including whether the structure of the Criminal Legal Aid System incentivises or enables modern and proportionate methods of service delivery. The review will consider whether changes to when and how advice is provided could increase efficiency in the CJS. It will explore whether contractual requirements could be adjusted to enable providers to explore new methods of providing advice and representation. The review will also consider whether the adoption of alternative provider business models would promote efficiency. We will address these issues in our response to his review and have committed to responding to the Review’s final report before the end of 2021.