New government fails to show it’s serious about criminal justice

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 firms to bid for 10-year criminal legal aid contracts within a very short deadline, despite the uncertainty caused by the failure to do both the above

“We have been banging on their door asking the new government how it will respond to our judicial review and when criminal legal aid will get the increases it needs,” said incoming president Richard Atkinson.

“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.”

What this means for you and your firm

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.

Read our guidance on the options firms should consider now to help you decide whether your firm can continue to provide criminal legal aid work.

We are considering all available options to push this issue further.

About the 2025 criminal legal aid 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.

To help you better understand the tender process, we will be recording a webinar covering:

• the current position on remuneration
• our advice to members about considerations before deciding whether to bid
• the tender process
• what is different in the new contracts

The webinar will be recorded on Tuesday 8 October 2024 and will be online available to view on our website shortly after.