The Future of Legal Aid
Justice Committee
Closed
Inquiry
This inquiry is looking at the major challenges facing legal aid clients and providers and how they might be tackled. The legal aid system in England and Wales was fundamentally changed by the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LAPSO). Since then, there have been several legislative …
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32
Recommendations
11
Conclusions
1
Report
20
Letters
4
Events
Activity timeline 22 events
21 Feb
2023
2023
21 Feb
2023
2023
7 Feb
2023
2023
25 Jan
2023
2023
6 Dec
2022
2022
8 Sep
2022
2022
25 May
2022
2022
15 Mar
2022
2022
16 Nov
2021
2021
16 Nov
2021
2021
27 Jul
2021
2021
Report published
23 Jul
2021
2021
Correspondence
Reports 1 report · click to expand
| Title | HC No. | Published | Items | Response |
|---|---|---|---|---|
| 3rd Report - The Future of Legal Aid | HC 70 | 27 Jul 2021 | 43 | Responded |
Recommendations & Conclusions
19 results
2
Recommendation
Deferred
3rd Report - The Future of Legal A…
The changes made as part of the Criminal Legal Aid Review are positive and show...
The changes made as part of the Criminal Legal Aid Review are positive and show that the Government recognises the need to make improvements to the criminal legal aid framework. It is particularly welcome that the Government has acted on …
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Government Response
The government agrees on the importance of sustainability and states that Sir Christopher Bellamy QC's Independent Review is considering the resilience of the criminal legal aid market; they will address the issue in their response to his review.
Ministry of Justice
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3
Conclusion
Deferred
3rd Report - The Future of Legal A…
Without significant reform there is a real chance that there will be a shortage of...
Without significant reform there is a real chance that there will be a shortage of qualified criminal legal aid lawyers to fulfil the crucial role of defending suspects and defendants. This risks a shift in the balance between prosecution and …
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Government Response
The government acknowledges the concern and states it is being considered as part of an Independent Review into Criminal Legal Aid, with a commitment to respond to the review's final report by the end of 2021.
Ministry of Justice
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4
Recommendation
Deferred
3rd Report - The Future of Legal A…
There appears to be a growing imbalance between the ability of criminal defence firms to...
There appears to be a growing imbalance between the ability of criminal defence firms to recruit and retain staff and that of the Crown Prosecution Service. It is fundamental to our adversarial justice system that criminal defence services have sufficient …
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Government Response
The government has deferred consideration of linking legal aid fees to CPS pay rates, noting that profitability and comparison to CPS pay are being examined as part of the Independent Review into Criminal Legal Aid, and will be addressed in its response to the review.
Ministry of Justice
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5
Recommendation
Deferred
3rd Report - The Future of Legal A…
The lack of any increase to criminal legal aid fees for solicitors over the past...
The lack of any increase to criminal legal aid fees for solicitors over the past 20 years needs to be addressed. Sir Christopher Bellamy’s current review, commissioned by the Government, gives an opportunity to do this. Thereafter, fees and rates …
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Government Response
The government injected up to £51m per annum into the criminal legal aid system in September 2020. However, the core issues of criminal legal aid fees and regular inflationary reviews are being considered by the Criminal Legal Aid Independent Review, and the government will address these in its response to the review's final report by the end of 2021.
Ministry of Justice
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6
Recommendation
Deferred
3rd Report - The Future of Legal A…
The criminal justice system will be stronger if able and experienced advocates at the criminal...
The criminal justice system will be stronger if able and experienced advocates at the criminal bar are able to do publicly funded legal aid work. The gap between private and public rates has grown substantially in the past decade, and …
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Government Response
The government highlights a previous £51m funding injection and states that the Criminal Legal Aid Independent Review's terms of reference include a fee review, committing to address this issue in its response to the review's final report by the end of 2021.
Ministry of Justice
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8
Conclusion
Deferred
3rd Report - The Future of Legal A…
The justice system needs talented lawyers from all backgrounds to choose to practise criminal law...
The justice system needs talented lawyers from all backgrounds to choose to practise criminal law and for the professions to be able to retain them. In 2018, The Future of Legal Aid 67 our predecessor Committee stated “that current difficulties …
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Government Response
The government acknowledges concerns regarding diversity and retention in criminal legal aid, stating that this issue is being considered as part of an Independent Review, to which they are committed to responding before the end of 2021.
Ministry of Justice
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9
Recommendation
Deferred
3rd Report - The Future of Legal A…
The predominance of inadequate fixed fees in the current framework is problematic.
The predominance of inadequate fixed fees in the current framework is problematic. The structure of the fees does not reflect the complexity of the work required, nor does it incentivise firms to take on the most difficult cases at an …
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Government Response
The government has deferred action on reforming the fee structure for criminal legal aid, indicating that the matter is being considered by the Criminal Legal Aid Independent Review, and will be addressed in its response to the review's final report.
Ministry of Justice
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10
Recommendation
Deferred
3rd Report - The Future of Legal A…
The Committee’s inquiry on court capacity has focused on the Crown Court where the delays...
The Committee’s inquiry on court capacity has focused on the Crown Court where the delays are the most acute. In that context, it is imperative that the criminal legal aid system should be structured to facilitate resolution of cases at …
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Government Response
The government states that the Criminal Legal Aid Independent Review is currently considering how the legal aid system's structure and advice provision could increase efficiency, committing to address this issue in its response to the review's final report by the end of 2021.
Ministry of Justice
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11
Recommendation
Deferred
3rd Report - The Future of Legal A…
The criminal legal aid system should be restructured so that it enables legal aid lawyers...
The criminal legal aid system should be restructured so that it enables legal aid lawyers to provide effective representation at every stage of the process, works for complex cases and sustains providers in all areas of England and Wales. The …
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Government Response
The government refers to previous funding injections and states that the Criminal Legal Aid Independent Review's terms of reference include a section on fee review, committing to address the issue in its response to the review's final report by the end of 2021.
Ministry of Justice
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12
Recommendation
Deferred
3rd Report - The Future of Legal A…
The current criminal legal aid system does not provide enough incentives for legal representatives to...
The current criminal legal aid system does not provide enough incentives for legal representatives to take early action to progress cases through the system as quickly as possible. The legal aid fee structure should incentivise early engagement between defence lawyers …
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Government Response
The government states that Sir Christopher Bellamy QC's Independent Review is considering whether changes to advice provision and the criminal legal aid system's structure could increase efficiency and incentivise early engagement, with the government committed to responding to the review's final report.
Ministry of Justice
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13
Conclusion
Deferred
3rd Report - The Future of Legal A…
The Government needs to ensure that the legal aid framework is able to respond and...
The Government needs to ensure that the legal aid framework is able to respond and adapt to changes in volume and practice over time in the criminal justice system.
Government Response
The government has deferred action on ensuring the legal aid framework's adaptability, stating it will address the issue in its response to Sir Christopher Bellamy QC's Independent Review into Criminal Legal Aid, which is considering the resilience of the market.
Ministry of Justice
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14
Conclusion
Deferred
3rd Report - The Future of Legal A…
Our 2019–21 Report on the effect of Covid-19 on the legal professions discussed measures taken...
Our 2019–21 Report on the effect of Covid-19 on the legal professions discussed measures taken to provide additional income during the early stages of the 68 The Future of Legal Aid pandemic. The impact of Covid-19 means, however, that the …
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Government Response
The government states it has committed to responding to Sir Christopher’s review by the end of 2021, and highlights accelerated measures already implemented that brought significant new funding to criminal legal aid during the pandemic.
Ministry of Justice
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15
Recommendation
Deferred
3rd Report - The Future of Legal A…
The Government should evaluate whether the money saved by the means test is justified when...
The Government should evaluate whether the money saved by the means test is justified when weighed against its impact on the fairness of criminal justice system. If the means tests for the magistrates’ court and the Crown Court are to …
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Government Response
The government acknowledges the recommendation and states that a Means Test Review, launched in February 2019, is currently assessing the effectiveness and thresholds, with plans to publish the review and a public consultation shortly.
Ministry of Justice
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16
Recommendation
Deferred
3rd Report - The Future of Legal A…
The Government’s response to our report on private prosecutions concluded that the rules should be...
The Government’s response to our report on private prosecutions concluded that the rules should be changed to level down what private prosecutors can recover from central funds. Our view is that this is the wrong approach. The right approach would …
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Government Response
The government states it is considering the issue of costs that acquitted defendants may recover from central funds as part of the ongoing Means Test Review.
Ministry of Justice
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18
Recommendation
Deferred
3rd Report - The Future of Legal A…
The Government should consider how technology can be used to increase the accessibility of legal...
The Government should consider how technology can be used to increase the accessibility of legal advice to suspects and defendants. The Government should also consider developing a scheme to enable criminal legal aid providers to upgrade their digital capacity.
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Government Response
The government states that Sir Christopher Bellamy QC's Independent Review is considering the efficiency of the criminal legal aid market, including how legal aid can be responsive to user needs and administrative burdens, and the government will address this in its response to the review.
Ministry of Justice
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19
Recommendation
Deferred
3rd Report - The Future of Legal A…
Successive governments have prioritised efficiency and costs over the quality of the criminal justice system.
Successive governments have prioritised efficiency and costs over the quality of the criminal justice system. The Committee’s inquiry into Court Capacity has highlighted the difficult situation facing the courts at the start of the pandemic. Unless there is significant change …
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Government Response
The government states that Sir Christopher Bellamy QC's Independent Review into Criminal Legal Aid is considering the resilience of the market and fee review mechanisms. The government commits to addressing this issue in its response to the review's final report before the end of 2021.
Ministry of Justice
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29
Conclusion
Deferred
3rd Report - The Future of Legal A…
We welcome the decision to remove the £100,000 cap.
We welcome the decision to remove the £100,000 cap. However, we regret that it was ever necessary for a victim of domestic violence to have litigate to obtain legal aid because of the Government’s failure to ensure that the means …
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Government Response
The government acknowledges that means test elements have not been uprated for some years and states that the ongoing Means Test Review is specifically considering how the means test applies to victims of domestic abuse.
Ministry of Justice
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30
Recommendation
Deferred
3rd Report - The Future of Legal A…
We welcome the Government’s decision to review the means test for both civil and criminal...
We welcome the Government’s decision to review the means test for both civil and criminal legal aid. There is a strong consensus among witnesses that any revised means test for civil legal aid should be simpler, for example by using …
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Government Response
The government states its Means Test Review is considering a full range of criteria, including passporting and capital thresholds, to ensure access to justice for low-income individuals.
Ministry of Justice
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42
Recommendation
Deferred
3rd Report - The Future of Legal A…
The Government should consider enabling the Legal Aid Agency to provide specific support to legal...
The Government should consider enabling the Legal Aid Agency to provide specific support to legal aid providers to bring in trainees. This support should be targeted to areas where there is a particular shortage of specialist advice.
Government Response
The government is considering how best to support the legal aid workforce as part of its ongoing work on civil legal aid market sustainability, which includes considering funded posts and training contracts for providers.
Ministry of Justice
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Correspondence 20 letters
21 Feb 2023
To committee
Letter from Mike Freer MP, Minister for Courts, Legal Services and International, dated 9 February 2023, follow up from the session on 17 January 2023
Parliament page
21 Feb 2023
From committee
Letter to Mike Freer MP, Minister for Courts, Legal Services and International, dated 24 January 2023, follow up from the session on 17 January 2023
Parliament page
7 Feb 2023
To committee
Letter from Lubna Shuja, President of the Law Society, dated 30 January 2023, following the evidence session on 17 January
Parliament page
25 Jan 2023
To committee
Letter from Kirsty Brimelow KC, Chair, Criminal Bar Association, dated 9 January 2023, on criminal legal aid
Parliament page
6 Dec 2022
To committee
Letter from Mike Freer MP, Parliamentary Under Secretary of State for Justice, dated 30 November 2022, on the Government's full response to the Criminal Legal Aid Independent Review
Parliament page
8 Sep 2022
To committee
Letter from Sarah Dines MP, Parliamentary Under Secretary of State, dated 15 August 2022, on legal aid follow-up
Parliament page
25 May 2022
To committee
Letter from the Bar Council, dated 24 May 2022, regarding income disparities at the Bar
Parliament page
15 Mar 2022
To committee
Letter from the Lord Chancellor, dated 14 March 2022, on the legal aid means test review and independent review of criminal legal aid
Parliament page
16 Nov 2021
From committee
Letter to the Deputy Prime Minister and Lord Chancellor on the response to the Future of Legal Aid Report, 16 November 2021
Parliament page
23 Jul 2021
Family Law Roundtable Transcript 14 December 2020
Parliament page
24 Feb 2021
To committee
Letter from Alex Chalk MP, Parliamentary Under Secretary of State for Justice, dated 9 February 2021, regarding transfer of civil legal aid bills of costs to Legal Aid Agency
Parliament page
3 Feb 2021
To committee
Letter from Robert Buckland QC MP, Lord Chancellor and Secretary of State for Justice, dated 28 January 2021, on criminal legal aid review
Parliament page
27 Jan 2021
To committee
Letter from Alex Chalk MP, Parliamentary Under-Secretary of State for Justice, dated 20 January 2021, regarding full awarding of the legal support for litigants in person grant
Parliament page
13 Jan 2021
To committee
Letter from Rt Hon Robert Buckland QC MP, Lord Chancellor & Secretary of State for Justice, dated 21 December 2020, regarding Criminal Legal Aid Review Phase II Independent Review
Parliament page
4 Nov 2020
To committee
Letter from Alex Chalk MP, Parliamentary Under-Secretary of State for Justice, dated 29 October 2020, regarding MoJ funding for not for profit providers of legal advice
Parliament page
23 Sep 2020
To committee
Letter from Alex Chalk MP, Parliamentary Under-Secretary of State for Justice, dated 16 September 2020 regarding Civil Legal Aid: Renumeration
Parliament page
9 Sep 2020
To committee
Letter from Alex Chalk MP, Parliamentary Under Secretary of State for Justice, dated 21 August 2020, regarding an accelerated package of measures amending criminal legal aid fee schemes
Parliament page
22 May 2020
To committee
Letter from Alex Chalk MP, Parliamentary Under-Secretary of State for Justice, dated 18 May 2020, regarding legal aid fees for asylum and immigration appeals
Parliament page
28 Apr 2020
To committee
Letter from Alex Chalk MP, Parliamentary Under-Secretary of State for Justice, dated 20 April 2020, regarding Civil Legal Aid Regulations 2012
Parliament page
28 Apr 2020
To committee
Letter from Alex Chalk MP, Parliamentary Under-Secretary of State for Justice, dated 23 April 2020, relating to launch of £3.1 million legal support for litigants in person grant
Parliament page