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The Independent Review of Criminal Legal Aid A
lastair Logan OBE, LL.B. examines the Government’s review of the criminal legal aid system, and asks if you have experience that could assist with their findings. The Independent Review of Criminal Legal Aid (IR) was set up by the Ministry of Justice (MoJ) and launched in December 2018 in response to stakeholder concerns about the long-term sustainability of Criminal Legal Aid. The IR is a comprehensive review into the Criminal Legal Aid fee schemes and the market of Criminal Legal Aid providers (barristers, solicitors and legal executives).1 It has two main objectives: 1) To reform the Criminal Legal Aid fee schemes so that, firstly, they: ■ fairly reflect, and pay for, work done; ■ support the sustainability of the market, including recruitment, retention, and career progression within the professions and a diverse workforce; ■ support just, efficient, and effective case progression; limit perverse incentives, and ensure value for money for the taxpayer; ■ are consistent with and, where appropriate, enable wider reforms; ■ are simple and place proportionate administrative burdens on providers, the Legal Aid Agency (LAA), and other government departments and agencies; and ■ ensure cases are dealt with by practitioners with the right skills and experience. 2) To reform the wider Criminal Legal Aid market to ensure that the provider market: ■ responds flexibly to changes in the wider system, pursues working practices and structures that drive efficient and effective case progression, and delivers value for money for the taxpayer; ■ operates to ensure that Legal Aid services are delivered by practitioners with the right skills and experience; and ■ operates to ensure the right level of Legal Aid provision and to encourage a diverse workforce. 24 | SURREYLAWYER
The IR is chaired by Sir Christopher Bellamy QC. As a Barrister, he specialised in European, competition and regulatory law. In 1992 he was appointed as a judge to (what is now) the General Court of the European Union, where he served for 7 years. At the end of 1999, he returned to the UK to set up (what is now) the Competition Appeal Tribunal (CAT), of which he was President until 2007, when he became a senior consultant with Linklaters LLP. He stepped down from Linklaters at the end of October 2020, and re-joined Monckton Chambers. Sir Christopher focusses on appointments as a mediator or arbitrator in disputes including but not limited to competition and regulatory matters, arising anywhere in the world. He leads a dedicated review team within Government and will have close oversight of the work to ensure it meets these terms of reference and delivers robust, evidence-based recommendations. He is also supported by an Expert and Advisory Panel who will support the review by testing and challenging the Review’s emerging findings and recommendations. The panel is composed of individuals from a range of backgrounds, skills and experience and includes amongst its experts Richard Atkinson, Co-Chair of the Criminal Law Committee of The Law Society, The Right Honourable Baroness Hallett DBE and Professor Dame Hazel Genn DBE, QC (Hon), FBA, LLD. It also includes Professor Mayson who produced the Independent Review of Legal Services Regulation, and concluded that the legislative framework under the Legal Services Act 2007 (the Act) is outdated and not sustainable in the long-term and proposes wholesale reform in the future. Central to Mayson’s framework is a move away from the current title-based regulation towards risk-based regulation of all legal practise areas, whether reserved or non-reserved. The view of the profession was that that in the current climate, legal services firms need more support, not a wholesale review of the regulatory framework, and that policy makers need to make better use of the current framework. Instead of contemplating a major reform the immediate focus should be on aiding the recovery of the legal sector post-COVID-19, proper investment in the legal aid and justice system, and greater public legal education to help people recognise the legal issues and know when to seek help.
