New government fails to show it is serious about criminal justice

Solicitors have been left dismayed by the new government’s failure to show it is serious about tackling the crisis in our criminal justice system, the Law Society of England and Wales has warned.

After nearly 100 days since coming into office, the new government has:

• failed to reconsider the decision of the previous government not to increase legal aid rates for defence solicitors by the recommended bare minimum 15%, despite a judicial review directing this should happen
• failed to publish its response to a consultation on police station and youth court fees which would see a small rise in legal aid rates for defence solicitors
• chosen to ask law firms to bid for 10-year criminal legal aid contracts despite the uncertainty caused by the failure to do both the above. And imposed a very short deadline of 22 October 2024 for firms to do so*

“The new government has failed to show it is any more serious about criminal justice than its predecessor,” said the Law Society’s incoming president Richard Atkinson.

“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.”

The Law Society will be publishing guidance in the coming days to help firms decide whether they can continue to provide criminal legal aid work.

“The dedication of criminal legal aid lawyers has allowed successive governments to paper over the cracks and avoid the hard decisions that need to be made about our criminal justice system. That goodwill has run out,” added Richard Atkinson.

“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.”

Notes to editors

*Find out about the crime tender process, government consultation and our judicial review.

About the Law Society

The Law Society is the independent professional body that works globally to support and represent solicitors, promoting the highest professional standards, the public interest and the rule of law.

Press office contact: Nick Mayo | 020 8049 4100