A coalition of 119 criminal law firms has cautioned the government against assuming their application for a new legal aid contract signals a commitment to sign it.
The participating firms, respected names within criminal defence, have communicated their stance to Lord Chancellor Shabana Mahmood, emphasising that their actions to submit tenders are merely to safeguard their position. These tenders, due by the recent deadline, reflect a strategic manoeuvre rather than an agreement to future contractual terms.
The tender process, commencing on 1 October, marks the beginning of a contract period set to start on 1 October 2025 and extend for ten years. However, there is significant apprehension among the firms due to the swift deadline imposed by the Ministry of Justice. The firms have expressed that whether they will ultimately agree to the contract or continue providing criminal defence services depends heavily on government actions.
The firms demand that the government listens to their profession’s warnings and the High Court’s recommendations, specifically regarding the necessary adjustments in legal aid rates. Restoring these rates to a sustainable level is deemed essential for the future of criminal defence services.
Support for this stance has grown following advice from the Law Society, which suggested legal aid firms conduct ‘viability reviews’. These reviews are intended to assess the feasibility of continuing services or necessitating scale-backs.
The concerns of the criminal defence solicitors are compounded by three unresolved issues. Firstly, the Ministry of Justice has yet to react to the High Court’s January 2024 ruling which labelled the failure to implement a 15% rate increase, as per the Bellamy report, irrational. Secondly, the previous government’s unfulfilled promise of an additional £21 million to boost police station and youth court rates remains unaddressed. Lastly, there is anticipation surrounding the Criminal Legal Aid Advisory Board’s report, which is expected to recommend a substantial and immediate increase in rates.
With the looming uncertainty of budget cuts to the Ministry of Justice in the upcoming budget, there is concern that failing to invest in legal aid now might lead to longer-term costs. This could manifest as a shortage of firms and lawyers to perform the work, heightening risks of delays in the justice system and potential miscarriages of justice.
Signatories of the letter include prominent firms such as Bhatia Best, Birnberg Peirce, Duncan Lewis, among others, illustrating the breadth of support for addressing these issues. This collective call to action underscores the pressing need for government action to address the financial sustainability of criminal legal aid.
The criminal defence sector urges the government to heed their warnings and take decisive action to ensure the sustainability of legal aid services, thereby preserving the integrity of the justice system.
