More than 100 firms have warned the justice secretary that they have submitted bids for new criminal legal aid contracts – but they may not sign them if the government fails to increase their remuneration.

Firms wanting to join the duty rota next October had to submit bids for new crime contracts yesterday. However, the Ministry of Justice has been heavily criticised for asking firms to bid for new contracts before it has published its consultation response on police station and youth court fees and its revised decision following a High Court ruling on fees.

Yesterday, more than 100 reminded justice secretary Shabana Mahmood that they are still waiting for those announcements, as well as an announcement on whether her department will accept the Criminal Legal Aid Advisory Board’s recommendations, which have yet to be published.

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Criminal legal aid procurement timetable 'unfair and irrational'

Explaining the dangers to the criminal justice system of a dwindling supply of criminal defence solicitors, the firms said the majority of organisations doing criminal legal aid work will likely have submitted bids for the new contract.

‘However, there is a huge difference between submitting a tender as a result of an artificially swift deadline imposed by the Ministry of Justice and actually seeking and ultimately signing a new contract in 2025,’ the letter says.

‘Whether firms decide it is financially viable to continue to provide legally aided criminal defence services, and accept the contract offer, or maintain a contract for more than a short period is wholly dependent on whether the new government heeds the warnings of the profession and the High Court.’

Law Society president and criminal law specialist Richard Atkinson said the firms were right to write to the lord chancellor.

Atkinson said: ‘Our data shows that the number of criminal legal aid firms has fallen by a third since 2017 and the number of duty solicitors has declined by 26% and continues to reduce. How can firms make a sound business decision to bid for a new contract, especially one lasting 10 years, without knowing whether these bare minimum criminal legal aid rate increases will ever happen?' 

 

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