The Ministry of Justice has issued its response to the consultation regarding “accelerated areas” of the Criminal Legal Aid review. The government will be laying a Statutory Instrument in Parliament to bring these proposals into effect – they indicate that is anticipated to be this month. Full details here:
The following are the proposals in summary:
- Unused material, litigators:
There will be a fixed fee paid for consideration of unused material equivalent to 1.5 hours at the special preparation rate. It is not specified which special preparation rate will be used (there are three different rates depending on the seniority of the fee earner) though that will no doubt be clarified in the S.I.
Where the time spent considering unused material exceeds 3 hours, litigators can make a claim for all time spent which will be subject to assessment – in the same manner as special preparation is currently assessed.
Note that a fee is only payable in respect of cracked trials and trials.
- Unused material, advocates
The same provision as for litigators
- Cracked trials, advocates:
The cracked trial fee is increased from 85% of the “brief fee” (the basic fee for trials) to 100% of the “brief” fee. In addition, advocates will now get paid for a “crack” on the same basis as litigators – i.e. they are entitled to a cracked trial fee no matter when it cracks. Previously, they only got a crack if it cracked in the final third.
There is no change for litigators in relation to cracked trials
- Sending – litigators
Litigators will be able to claim a fixed fee equivalent to 4 hours worth of Magistrates’ Court rates, it is not stated which rates as the advocacy and attendance/preparation rates are different. Again, no doubt, that will be clarified in the S.I.
The Government has also indicated an intention then to press ahead with the full review of criminal legal aid which will “involve an independently-led review that will be ambitious and far reaching in scope, assessing the criminal legal aid system in its entirety, and will aim to improve transparency, efficiency, sustainability and outcomes in the legal aid market. It will consider working practices and market incentives and how these can drive efficient and effective case progression and deliver value for money for the taxpayer”.
Hopefully, in the meantime they will take urgent steps to get jury trials up and running at pre-lockdown levels as, if things continue at the current rate, there may not be much of a criminal legal aid market to improve.
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