Criminal legal aid: rushed tender process risks deepening crisis
It is wrong that the tender requires firms to bid before the UK government outlines its response to the:
- High Court’s judicial review judgment on criminal legal aid funding
- Ministry of Justice (MoJ) consultation on police station and youth court fees, which would see a 2% rise in rates for defence solicitors
“Both decisions are well overdue and we have stressed the urgent need for clarity direct with ministers and the Legal Aid Agency,” said Law Society vice president Richard Atkinson.
“How can firms make a sound business decision to bid for a new contract – especially one lasting 10 years – without knowing whether these bare minimum criminal legal aid rate increases will ever happen?
“Criminal legal aid is a vital public service, which ensures access to justice for all and the smooth running of our criminal justice system.
“However, there will be nobody left to do this crucial work in 10 years unless the government invests in criminal legal aid.
“If the MoJ does not demonstrate very swiftly that it is serious about making criminal legal aid work sustainable, we will advise our members that there is no future in this work.”
About the 2025 tender
The tender is for 10-year criminal legal aid contracts starting on 1 October 2025.
Firms wishing to start contracts and join duty rotas from October 2025 must tender by 11.59pm on Tuesday 22 October 2024.
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We took the government to court in December 2023 after it failed to increase criminal defence solicitors’ legal aid rates by the bare minimum 15%, as recommended by the independent review of criminal legal aid back in 2021.
This is part of our work as the professional body for solicitors, amplifying the powerful collective voice of more than 200,000 members by advocating at the highest levels on the issues you’ve told us matter most.
We urge the lord chancellor to safeguard the future of criminal legal aid following our victory in the High Court on 31 January 2024.