header-logo header-logo

07 December 2022
Issue: 8006 / Categories: Legal News , Profession , Criminal , Legal aid focus
printer mail-detail

Solicitors’ warning on criminal rates

Criminal law solicitors could follow the Bar’s example and down tools following justice secretary Dominic Raab’s final response to the Independent Review of Criminal Legal Aid.

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.’

Issue: 8006 / Categories: Legal News , Profession , Criminal , Legal aid focus
printer mail-details

MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
back-to-top-scroll