The Law Society has lost patience with the government over criminal legal aid fees and told firms to consider scaling back their work or withdrawing from the sector altogether - a move that could wreak havoc for the criminal justice system.

The Ministry of Justice has been criticised for asking firms to tender for 10-year crime contracts before the department had 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.

Now, Chancery Lane is telling firms to examine whether it is viable to continue doing criminal legal aid work.

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Incoming Society president Richard Atkinson, who specialises in criminal law, said: ‘Solicitors were on the frontline of the response to the riots over the summer as the prime minister himself recognised. However, his party’s rhetoric about supporting the rule of law and access to justice is not being matched by action to safeguard the future of the criminal defence profession.

‘We have been banging on their door asking the new government how they will respond to our judicial review and when criminal legal aid will get the increases it needs. But all we have had in return is warm words, lack of transparency and empty assurances. Delay, delay, delay with no concrete timeline for action and little hope of investment in criminal legal aid in the autumn budget.

‘That is not good enough for victims left waiting years for justice. It is not good enough for defendants left to represent themselves and it is not good enough for duty solicitors, left to watch their firms collapse under them. It is not good enough for a government supposedly committed to the rule of law and access to justice.’

Chancery Lane today issued guidance help firms decide if they can continue doing criminal legal aid work.

Atkinson said: 'We can no longer ask firms to hold on in the hope of action from government that may never come. We have gone beyond a system that is based on goodwill, and now it is at the limits of financial viability. We recommend firms examine the viability of each type of criminal legal aid work they undertake to decide if they should scale back or withdraw altogether until there is meaningful action by the new 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 ensuring that justice is done. While any decision on future government funding is subject to the upcoming spending review, we are committed to working with the legal profession to support the sustainability of the market both now and in the future.'

The department signalled that it will be able to communicate its position on future funding once the spending review has concluded, and expects to respond to the consultation on police station and youth court fees in November.

 

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