'Intermediate courts' will complicate legal aid, Leveson review told

The government risks having to write a blank cheque to find legal aid solicitors willing to cover cases heard by ‘intermediate courts’, a practitioner group has told the Leveson review of criminal justice, which is exploring the possibility of creating a new tier of criminal court.

Intermediate courts, where cases too serious for the magistrates’ courts but not serious enough for the Crown court are heard by a judge and two lay magistrates, could be one of the recommendations Sir Brian Leveson makes to the lord chancellor this spring.

However, the Criminal Law Solicitors Association (CLSA) has told the review the introduction of intermediate courts could prove costly.

In its submission to Leveson's call for evidence, the CLSA said the duty solicitor population has shrunk by one-third over a decade and solicitors have insufficient capacity to cover all cases. In many areas, courts 'brigade' cases so that one solicitor can cover as many cases as possible. Solicitors will struggle to split their time between three courts.

The new 10-year criminal legal aid contracts commencing in October do not contain provision for an intermediate court or associated fee scheme, the CLSA added.

‘The effect is that the government may face tough negotiations with the defence community (and indeed, the prosecution) before they agree to cover such work, with the government in danger of being forced to write a “blank cheque” to find willing participants.’

Leveson will be aided on any legal aid implications of his recommendations by former Legal Aid Agency chief executive Shaun McNally, who the Ministry of Justice announced last month was one of three expert advisers appointed to the review.

The CLSA joins a long line of organisations that have told Leveson that intermediate courts, which would effectively limit jury trials, are not the answer to cutting the Crown court backlog.

The London Criminal Courts Solicitors’ Association (LCCSA) says the new tier of court raises more questions than it answers, such as which rights of audience would apply, how would it affect custody time limits and how would it affect the duty solicitor scheme.

The LCCSA says the backlog would be better tackled with proper investment in the Probation Service and pre-charge engagement.