Justice secretary finds extra cash for criminal legal aid

Criminal legal aid lawyers will finally see movement on pay after the government today announced a £24m injection into police station and youth court fees – £3m more than the previous administration proposed.

In January then justice secretary Alex Chalk consulted on £21m for criminal legal aid - £16m on police station fees and £5.1m on youth court fees. Today, lord chancellor Shabana Mahmood announced £18.5m for police station fees and £5.1m for youth court. In another move that goes beyond the consultation, £400,000 will be set aside to pay travel time in areas with fewer than two providers, the Isle of Wight and providers willing to travel from surrounding schemes.

The ministry said the £24m announced today 'marks start of this government’s work to support the sustainability of the justice system both now and in future'. 

The Gazette understands the decision to inject more cash into police station work than originally proposed was taken prior to last month’s budget. The changes will come into force on 6 December.

The ministry has yet to announce its response to a High Court ruling on criminal legal aid fees following legal action brought by the Law Society. Today’s announcement states that ‘the future of criminal legal aid fees is still being considered as the lord chancellor takes decisions on how to use her Budget to deliver her agenda’.

Mahmood said: ‘Criminal legal aid solicitors play a crucial role in our justice system, often carrying out incredibly complex work in challenging circumstances. This Government is determined to improve the criminal legal aid sector which was left neglected for years. This is the first step to stabilising the sector and ensuring that those who take on these cases are properly compensated for their work.’

The government’s full response to the consultation on police station and youth court fees, and the Criminal Legal Aid Advisory Board’s report, will be published later today.

Meanwhile, the wait continues on how Mahmood intends to future-proof the civil legal aid sector following a major review commenced by the previous government. What is known is that the lord chancellor will make a decision on rates for immigration and asylum work by the end of this month – a commitment that prompted national firm Duncan Lewis to drop legal action over fees. 

Commenting on today's announcement, Law Society president Richard Atkinson said: 'It is extremely encouraging that the lord chancellor sees the important role that solicitors play in our criminal justice system. The additional funding brings hope to the criminal defence profession as does her recognition that this is just the first step needed to stabilise the sector.'

Atkinson said the advisory board's report lays bare the scale of the criminal legal aid crisis. 'We understand that the crisis cannot be solved overnight but the government should set out a timetable for further funding for criminal legal aid solicitors by the end of the year,' he added.