Firms are being invited to bid for new 10-year criminal legal aid contracts – but the Law Society has criticised the government’s decision to begin the procurement process in the absence of ‘crucial information’ that will help firms make a sound business decision.

Current criminal legal aid providers and new entrants can submit a tender for new crime contracts beginning on 1 October 2025.

The Legal Aid Agency says organisations can apply at any point in the first nine years of the contract, but tenders must be submitted by 22 October 2024 if they wish to start their contract and join duty schemes next year. Firms who submit tenders after 22 October but before 30 April 2025 can obtain a contract beginning next October but will not be able to join duty schemes until January 2026.

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The previous government decided to introduce 10-year contracts to give providers certainty and enable them to make long-term decisions.

However, the Law Society was ‘surprised’ to see the Ministry of Justice ask firms to bid before it has published its consultation response on police station and youth court fees, and its revised decision following the High Court’s ruling in a legal challenge brought by Chancery Lane on fees.

Society president Nick Emmerson said: ‘We struggle to see how firms can make a sound business decision to bid for a contract, especially one lasting 10 years, without this crucial information which will help the profession to decide whether there is a future in criminal legal aid.

‘Criminal legal aid is a vital public service which ensures access to justice for all and the smooth running of our criminal justice system. However, there will probably be no firms left to do this work in 10 years unless the government invests in criminal legal aid. Just a few days ago, national firm Taylor Rose announced the closure of its criminal legal aid department and the exodus will continue.’