Independent Criminal Legal Aid Review (ICLAR): Law Society responds to call for evidence

REPORT

Independent Criminal Legal Aid Review (ICLAR): Law Society responds to call for evidence

We have responded to the independent criminal legal aid review (ICLAR) call for evidence – a major review of criminal legal aid led by Sir Christopher Bellamy.

We warn that the criminal defence profession could collapse if the government does not increase funding, and that large areas of the country face a future with few or no duty solicitors available to represent defendants, with adverse consequences for victims, witnesses, and the effectiveness and efficiency of the criminal justice system.

Our submission highlights the following areas of concern:

Underfunding and firms exiting the market

Not only has there been no cost of living increase in criminal legal aid rates since the 1990s, but there was an 8.75% cut to fees in 2014. This lack of any fee increase for over 20 years has manifested itself in an increasing number of crime firms leaving the market. In 2010 there were 1,861 criminal legal aid firms; in June 2020 there were 1,147 and the latest figures published in April 2021 show 1,090 firms.

This indicates that 5% of firms have dropped out of the market since June 2020, on top of the near 40% drop in the preceding 10 years.

The ongoing drop in the number of firms shows no sign of abating and indicates an accelerating trend where we are losing 5-10% of the firms in the market each year.

Without a significant injection of funds, more firms will exit the market, leaving serious gaps in the provision of access to justice.

Shortage of trainees and young solicitors

There is a dearth of young solicitors willing to go into criminal law mainly because of the low fees. Our submission cites research which shows that despite it being vocationally of interest, students saddled with debt are opting for more lucrative areas of the law.

Even where young solicitors do opt for a traineeship in criminal law, they frequently leave to pursue a career in another area of law.

Reduced numbers of duty solicitors

Our duty solicitor heat map from 2018 showed that in five to 10 years’ time there could be insufficient criminal duty solicitors in many regions, leaving individuals in need of legal advice unable to access justice.

Competition for staff

Other government-funded organisations such as the Crown Prosecution Service (CPS) can offer considerably higher salaries and benefits to both newly qualified and experienced solicitors than private criminal defence firms. Many of our members report losing experienced staff to the CPS in particular.

Possible solutions…

We offer some ideas that could help to improve the situation, such as restructuring fee schemes to incentivise the right level of solicitor to advise the client; increasing basic fees; annual uprating of fees; an independent fee review board to review and set fees annually and a government funded training grant for those wishing to pursue a career in criminal legal aid.

Read our full submission here: www.lawsociety.org.uk/ campaigns/consultation-responses/criminal-legal-aid-reviewpackage-summary-of-law-society-response.

If you would like further information in relation to our work on Legal Aid or Access to Justice, please do not hesitate in contacting me. ■

Bhavni Fowler

Bhavni Fowler

Key Account Manager

The Law Society

Email: bhavni.fowler@lawsociety.org.uk

Tel: 07773 254 543