Dominic Raab is being accused by solicitors of imposing a significant ‘real term cut’ to legal aid which would create ‘chaos’ in the system.
The Ministry of Justice claims that as part of an ongoing assessment, it is investing an additional £85 million, an overall 11% increase in criminal legal aid to better support solicitors. Although the Government’s own independent assessment of the legal aid system suggested an immediate 15% rate increase, the Law Society reported the justice secretary ‘completely rejected’ this proposal.
A significant number of criminal prosecutions are funded by the public through criminal legal aid, as very few defendants can afford their own representation. Everyone is entitled to a fair trial under the law, and legal aid guarantees access to qualified legal assistance to ensure that.
Justice secretary Dominic Raab stated that the government are increasing criminal legal aid so lawyers are appropriately rewarded for the crucial work they perform, offering high-quality legal representation for individuals who need it.
However, Lubna Shuja, president of the Law Society, claimed that Mr. Raab had ‘thrown down a gauntlet to the profession’ and accused him of making a ‘reckless’ choice that would jeopardise the future of solicitors. The Law Society expects that up to 150 firms countrywide, employing up to 700 attorneys, may stop doing criminal work.
The Law Society has noted a number of police station schemes are on the danger of failing as the number of duty solicitors and criminal legal aid businesses continues to decline at an alarming rate. The government is disregarding the major threat to access to justice, including the fundamental right to representation at the police station. Victims will continue to be let down, court backlogs will grow, and rhetoric of being tough on crime will be nothing but hollow words unless the government chooses to confront the crisis in the criminal justice system.
The recommended 15% was the ‘minimum essential as the first step in bringing the system of criminal legal assistance back to health after years of neglect,’ the report stated. In addition, the amount is not ‘an opening bid,’ but rather what is required as quickly as practically possible to allow the criminal justice system as a whole to operate properly, to meet anticipated increases in demand, and to clear the backlog.
Raab’s refusal to pay criminal barristers was a catalyst behind the recent strike. Raab stated that he stood by his stance against barristers. Shuja stated that ‘having seen that direct action gets results, the response from some of our members may be to resort to disruptive tactics.’
