‘British justice is in jeopardy’: Legal aid system is doomed without more criminal defence lawyers, solicitors warn

Free legal aid, a cornerstone of justice, facing extinction unless government acts, Law Society says

Legal aid in the UK is facing extinction unless lawyers receive better funding, solicitors are warning (Philippe Huguen/AFP/Getty)

The country is facing such a dire shortage of criminal defence lawyers that “the very notion of British justice is in jeopardy”, the representative body for solicitors in England and Wales has warned.

Under new government reforms, victims of crime could be left in limbo and those accused of committing crimes potentially deprived of a fair trial, the Law Society said on Friday, cautioning: “Be prepared for justice to fall apart.”

The stark warning came in response to the publication of the first proposals from the Ministry of Justice’s (MoJ) long-awaited review into how legal aid is funded.

The MoJ says these proposed reforms will provide an additional £32m to £50m for those providing legal aid, split between solicitor firms and barristers — the first increase in 25 years.

But experts across the legal profession swiftly rejected any suggestion they are adequate to match the scale of the problem, with the London Criminal Courts Solicitors’ Association (LCSSA) dubbing it “the equivalent of [justice minister] Robert Buckland trying to put a sticking plaster over a broken leg”.

“We have warned time and again that the very existence of criminal defence practitioners is under threat. Unless the package is adjusted to address the depth and urgency of this crisis, then extinction may be firmly on the horizon,” said the president of the Law Society, Simon Davis.

“There are increasingly large areas of the country where there are no defence solicitors available. The very notion of British justice is in jeopardy — with victims left in limbo and the accused potentially deprived of a fair trial.

“Not only will the shortage of practitioners lead to injustice; it is economically unsound. Defence lawyers help ensure the justice system runs efficiently — and in doing so, save the taxpayer money.”

The right to free access to a lawyer is a pillar of the criminal justice system, and duty solicitors fill that role, representing and advising those suspected or accused of a crime who would otherwise not have access to a lawyer.

But the average age of duty solicitors across England and Wales is now 47, the Law Society warned, which rises significantly in many areas.

In Norfolk, Suffolk, Cornwall and Worcestershire there are no criminal law solicitors under the age of 35, with only one in west and mid Wales, and two in Devon.

The Law Society suggested the shortage could be blamed on the fact that defence solicitors have not received a fee increase since 1998, adding: “Combined with other cuts to the system, many lawyers no longer see a viable career doing this work, and it is difficult to attract and retain new members of the profession.”

Under the MoJ’s proposed reforms, lawyers will for the first time be paid to review unused material — evidence gathered by the prosecution that is disclosed to the defence but is not going to be relied on in the case.

The material can sometimes run to thousands of pages with lawyers spending up to 24 hours a week reviewing them without getting paid.

The importance of viewing such documents came under sharp focus from the end of 2017 after a string of defendants including student Liam Allan, who was accused of rape, had charges against them dropped when critical material was discovered at the last minute.

But the Law Society noted that while the Crown Prosecution Service had recently been granted a 10 per cent pay rise worth £85m, the reforms offered to defence lawyers meant, in real terms, they would actually be earning less than they were when the review was announced in 2018.

A source told the PA news agency the MoJ’s offer had been “just enough” to keep criminal barristers from walking out on strike again and no one was “happy” but “it’s a start”.

Caroline Goodwin, chairman of the Criminal Bar Association, described some of the proposals as “derisory”, adding: “We deal, on a daily basis, with serious cases with life-changing consequences for victims of crime, witnesses and defendants, and such a rate needs to recognise this.

“There is still much to be done but these first steps are welcomed as part of the wider review.”

These proposed reforms — which will now face a public consultation — were fast-tracked after what the Law Society’s Richard Atkinson described as “significant protest” in 2018, before the MoJ “finally accepted” the urgent need to improve the system sooner than the review’s intended publication date in late summer.

Announcing the proposals, Mr Buckland said: “[They] are an important first step towards reviewing sustainability in the long term, ensuring fair fees, and delivering value for the taxpayer.

“I am grateful for the engagement of defence practitioners to get us this far, and I look forward to working with them as we progress.”

But the LCCSA contended the government had “chosen not to take this opportunity to show good faith and demonstrated yet again that access to justice is not a priority”.

The group added: “In real terms the package in offer is merely paying lip service to our urgent cry for help and it is the equivalent of Robert Buckland trying to put a sticking plaster over a broken leg.”

Additional reporting by PA