England: Future of justice system in question as government moves ahead with legal aid cuts

The Law Society has expressed concern about the survival of the justice system in England and Wales as the government moves ahead with plans to reduce fees for solicitors in criminal legal aid cases.

Legal aid minister Shailesh Vara said the cuts will be made on July 1. The government has, however, dropped plans to cut barristers’ fees.

He also said lawyers’ concerns had been “very carefully” listened to.

Mr Vara said that “legal aid reforms so far have not had any substantial negative impact on the sustainability of the service.”

But the Law Society said the changes undermine the fundamental duty of the government to fund access to justice for anyone accused of wrongdoing.

Total cuts to criminal legal aid now amount to £320 million, close to one third of the total budget.

The changes announced include:

Law Society president Andrew Caplen reacted with dismay, he said: “We are deeply concerned not only for the immediate future of the justice system, but for its continued survival in years to come.

“The administration of justice is a fundamental duty of government and access to justice is an essential part of that responsibility.

“The British value of a fair trial, enshrined in 800 years of Magna Carta, has been built on the foundation that the innocent are acquitted and convictions are sound.

“Criminal legal aid solicitors are critical for ensuring that anyone accused of wrongdoing has a fair trial and yet few young lawyers see a future in this work, which is of extreme concern.*

“Our criminal justice system is one of the most cost effective in Western Europe and has been the envy of the world.

“The consequences of these changes are serious. The government’s cuts could undermine the criminal justice system to the point that it may no longer deliver fair outcomes.”

Mr Caplen added: “Twenty years without any increase in fees, followed by two sets of cuts since 2010, had already pushed firms’ viability to breaking point.

“Now many solicitors practices undertaking this vital work in communities around the country will be forced to close.

“Others will struggle to survive as a result of this further 8.75 per cent cut in fees.”

“We have shared evidence with the Ministry of Justice from over 120 firms who are already suffering as a result of the previous round of cuts.

“The evidence shows that firms are on the edge of financial viability, and these cuts are likely to lead to bankruptcies, firms leaving the market, redundancies and a real impact on the quality of service.

“We called for the government urgently to review this evidence, and to avoid making these further drastic cuts.

“We are writing to the Lord Chancellor to convey our disappointment and to raise our serious concerns, and to urge him to think again.”