3rd Report - The Future of Legal Aid

Select Committee
Justice Committee HC 70 27 July 2021
Report Status Government responded
Conclusions & Recommendations 43 items (32 recs)
Source View on Parliament website
Government Response (AI assessment · 43 of 43 classified)
Accepted 9
Accepted in Part 4
Acknowledged 9
Deferred 19
Rejected 2
Government response
4th Special Report - The Future of Legal Aid: Government Response to the Committee’s Third Report · published 16 Nov 2021
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Recommendations & Conclusions

19 results
2 Recommendation Deferred
Para 22
The changes made as part of the Criminal Legal Aid Review are positive and show...
Recommendation
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 … Read more
Government Response Summary
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
Para 26
Without significant reform there is a real chance that there will be a shortage of...
Conclusion
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 … Read more
Government Response Summary
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
Para 32
There appears to be a growing imbalance between the ability of criminal defence firms to...
Recommendation
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 … Read more
Government Response Summary
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
Para 34
The lack of any increase to criminal legal aid fees for solicitors over the past...
Recommendation
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 … Read more
Government Response Summary
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
Para 37
The criminal justice system will be stronger if able and experienced advocates at the criminal...
Recommendation
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 … Read more
Government Response Summary
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
Para 40
The justice system needs talented lawyers from all backgrounds to choose to practise criminal law...
Conclusion
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 … Read more
Government Response Summary
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
Para 47
The predominance of inadequate fixed fees in the current framework is problematic.
Recommendation
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 … Read more
Government Response Summary
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
Para 51
The Committee’s inquiry on court capacity has focused on the Crown Court where the delays...
Recommendation
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 … Read more
Government Response Summary
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
Para 52
The criminal legal aid system should be restructured so that it enables legal aid lawyers...
Recommendation
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 … Read more
Government Response Summary
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
Para 53
The current criminal legal aid system does not provide enough incentives for legal representatives to...
Recommendation
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 … Read more
Government Response Summary
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
Para 58
The Government needs to ensure that the legal aid framework is able to respond and...
Conclusion
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 Summary
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
Para 61
Our 2019–21 Report on the effect of Covid-19 on the legal professions discussed measures taken...
Conclusion
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 … Read more
Government Response Summary
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
Para 67
The Government should evaluate whether the money saved by the means test is justified when...
Recommendation
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 … Read more
Government Response Summary
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
Para 69
The Government’s response to our report on private prosecutions concluded that the rules should be...
Recommendation
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 … Read more
Government Response Summary
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
Para 77
The Government should consider how technology can be used to increase the accessibility of legal...
Recommendation
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. Read more
Government Response Summary
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
Successive governments have prioritised efficiency and costs over the quality of the criminal justice system.
Recommendation
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 … Read more
Government Response Summary
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
Para 110
We welcome the decision to remove the £100,000 cap.
Conclusion
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 … Read more
Government Response Summary
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
Para 114
We welcome the Government’s decision to review the means test for both civil and criminal...
Recommendation
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 … Read more
Government Response Summary
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
Para 153
The Government should consider enabling the Legal Aid Agency to provide specific support to legal...
Recommendation
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 Summary
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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