The Ministry of Justice has been in possession of judge-led advice on the state of criminal legal aid for two months, the Criminal Bar Association has revealed – as tension over how long the government is taking to announce its position on fees reaches boiling point.

In her latest weekly update, CBA chair Mary Prior KC revealed that the Ministry of Justice received a report from the Criminal Legal Aid Advisory Board two months ago and called for its publication before the budget on 30 October.

The board was set up to advise the lord chancellor on the operation and structure of existing and future criminal legal aid schemes, and to assess how the schemes should adapt to support the criminal justice system and wider objectives of the legal profession

Prior said: ‘We need the CLAAB report and the [Crown court] statistics from the MOJ and HM Courts & Tribunals Service which have now also been delayed for half a year so that those making decisions can do so with the full knowledge of the impact that their decisions may make on the criminal justice system.’

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'Scale back or withdraw': new threat over criminal legal aid work

The association is surveying members on potential next steps.

Mary Prior KC

Mary Prior KC: 'Experience has taught us no movement from government without significant disruption to the courts'

Prior said: ‘There may be an assumption that we will not react if the considered recommendations of the independent, government instructed, CLAAB are not implemented.

‘We are carrying out a comprehensive survey of our membership as we are obliged to consider what the next steps will be. Experience has taught us that there is no movement from government without significant disruption to the courts. We will listen to the views of our members and be ready to act in accordance with their wishes.’

The Law Society has already lost patience with the government and this week advised members who do criminal legal aid to scale back or withdraw from the sector altogether until they see 'meaningful action' from the government.

A Ministry of Justice spokesperson said: ‘The new government inherited a justice system under enormous strain and a criminal legal aid system facing significant challenges. Criminal defence lawyers play an essential role in our justice system, which is why we are considering the findings of the Criminal Legal Aid Advisory Board report and will provide an update shortly.’

 

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