England: Law Society welcomes Ministry of Justice decision to abandon two-tier duty contracts

The Law Society of England and Wales has welcomed the Ministry of Justice’s (MoJ) decision to abandon plans for the two-tier criminal legal aid contracting regime. Legal aid fee cuts for criminal defence lawyers are to be dropped and the old rates restored following the government’s U-turn yesterday.

Further undoing the work of his predecessor, Michael Gove, the Justice Secretary, said reductions in legal aid spending totalling £800 million over the last Parliament as well as “economies I have made elsewhere in my department” have resulted in the postponement of the second round of cuts.

The MoJ, under the previous Justice Secretary, Chris Grayling, had planned a radical reduction in the number of contracts for duty solicitors attending magistrates’ courts and providing 24-hour cover at police stations. The plans also included fee reductions of 17.5 per cent in two stages.

Responding to the announcement, Law Society president Jonathan Smithers said: “The Law Society is pleased that the Lord Chancellor has listened and recognised that the current situation is untenable. It is clear that a competitive approach to the provision of criminal legal aid services is not appropriate.

“Criminal legal aid solicitors provide 24-hour cover so that anyone accused of wrongdoing, including some of the most vulnerable in society, have access to expert legal advice. The assurance that there will be no competitive tendering in the future gives practitioners greater certainty for the future.

“Suspending the second 8.75 per cent fee cut for a further twelve months will provide some assurance to solicitors and will help support the viability of criminal legal aid services across England and Wales. We have constantly said that we fear the profession will be unable to cope with significant fee reductions and are therefore relieved that the lord chancellor has listened to our concerns.”

He added: “Criminal legal aid solicitors are at the heart of the criminal justice system defending vulnerable suspects and upholding the rule of law. It is in the interests of the public, the legal profession, government and justice that high quality firms remain able to deliver the expert legal advice people need.