{"id":224344,"date":"2024-01-31T17:36:54","date_gmt":"2024-01-31T17:36:54","guid":{"rendered":"https:\/\/dominiclevent.com\/blog\/?p=224344"},"modified":"2024-01-31T17:36:54","modified_gmt":"2024-01-31T17:36:54","slug":"irrational-victory-for-law-society-in-challenge-to-criminal-legal-aid-fees-policy","status":"publish","type":"post","link":"https:\/\/dominiclevent.com\/blog\/irrational-victory-for-law-society-in-challenge-to-criminal-legal-aid-fees-policy\/","title":{"rendered":"‘Irrational’: victory for Law Society in challenge to criminal legal aid fees policy"},"content":{"rendered":"


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The Law Society has declared victory in its High Court battle against the government over criminal legal aid fees.<\/p>\n

Chancery Lane took the government to court<\/a><\/strong>\u00a0over the decision not to raise criminal legal aid fees by the minimum 15% recommended by the independent criminal legal aid review in December 2021.\u00a0<\/p>\n

The Society argued that the lord chancellor: breached the duty to provide criminal legal aid in accordance with section 1 of LASPO (ground one); acted irrationally (ground two); failed to provide adequate reasons (ground three); and breached the duty to make adequate enquiries (ground four).<\/p>\n

In a landmark\u00a061-page judgment<\/a><\/strong> handed down today, Lord Justice Singh (pictured) and Mr Justice Jay found in favour of the Society on aspects of its claim under grounds two and four.\u00a0<\/p>\n

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During last month’s hearing, the Law Society’s lawyers\u00a0argued<\/a><\/strong> that by ignoring the independent review\u2019s recommendations, the government\u2019s decision was irrational, lacked evidence-based reasons and breached the constitutional right of access to justice.<\/p>\n

The Ministry of Justice argued last month that a few duty solicitor schemes under particular strain\u00a0did not amount to widespread systemic failure<\/a><\/strong>\u00a0in the criminal legal aid sector.<\/p>\n

The Law Society was backed by the Criminal Law Solicitors Association and London Criminal Courts Solicitors Association, which filed 22 witness statements and evidence from members who described<\/a><\/strong> working conditions and remuneration as \u2018degrading\u2019, \u2018demoralising\u2019, \u2018relentless\u2019 and \u2018ridiculous\u2019.<\/p>\n

Today’s judgment says: ‘What this impressive body of evidence brings home is the women and men working up and down the country at all hours of the day and night, in difficult and stressful circumstances, carrying out an essential service which depends to a large extent on their goodwill and sense of public duty.’<\/p>\n

While the judges did not uphold ground 1, they were \u2018troubled\u2026by the depressing evidential picture depicted by the Law Society and interested parties\u2019.<\/p>\n

Law Society president Nick Emmerson said: \u2018We may have won the court battle but it\u2019s the public who will lose out in custody suites and courtrooms across the country unless the government takes immediate action to stop the exodus of duty solicitors from the profession. 1,400 duty solicitors have left since 2017 because the work is not financially viable.<\/p>\n

\u2018We are already seeing that there simply aren\u2019t enough solicitors to represent suspects at police stations and magistrates\u2019 courts day and night across the country. This situation will only get worse with potentially dangerous consequences for society.\u00a0The imbalance between the defence and the prosecution will continue to grow and public trust in the criminal justice system will continue to fail.\u2019<\/p>\n

The Society wants the government to now ensure the key recommendation of the independent review \u2013 a 15% fee uplift \u2013 is implemented for solicitors as soon as possible, and commit to ensuring criminal legal aid rates become economically viable in the long term.<\/p>\n

Emmerson said: \u2018Reversing [former lord chancellor Dominic] Raab\u2019s irrational decision would be an important step to demonstrate the government is serious about ensuring that we may once again have a criminal justice system worthy of the name. A system which works effectively and efficiently needs to attract and retain lawyers on both sides to ensure balance between defence and prosecution.\u00a0We are keen to work with the lord chancellor to help take the necessary steps to safeguard the future of this crucial profession.\u2019<\/p>\n

LCCSA president Edward Jones hopes the government \u2018takes this opportunity to seriously address the crisis that is currently enveloping legal aid criminal defence firms and provide a new funding settlement that seeks to properly address the magnitude of the problem\u2019.<\/p>\n

CLSA chair Daniel Bonnich said: \u2018We are an aging and endangered species and without significant investment we will become extinct rather abruptly. Without us, the police and the courts cannot function, denying justice for defendants, witnesses, and victims. The government needs to act now to avert disaster.\u2019<\/p>\n<\/div>\n


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