Court of Appeal considers challenge to criminal legal aid cuts

The government’s plans to cut legal aid for people accused of crimes have been put on hold while the Court of Appeal considers a challenge from The Law Society, the Criminal Law Solicitors Association (CLSA) and the London Criminal Courts Solicitors Association (LCCSA).

The proposed criminal legal aid tender would affect people being able to access legal representation when accused of a crime and under arrest at a police station. The Law Society, CLSA and LCCSA argue that without duty solicitors being available 24 hours a day, some of the most vulnerable people in society will be denied the legal help and fair trial that are their rights when accused of a crime. The Court of Appeal is currently considering the challenge of three organisations and has indicated that it will deliver its judgment before Easter, when the current legal term ends.

Andrew Caplen, president of the Law Society, said: "If government plans go ahead they could affect some of the most vulnerable people in our society by potentially leaving them without legal representation if they are accused of wrongdoing. This is why we brought this challenge to an earlier High Court decision and why we are pleased that the Court of Appeal is still considering this so-important matter. Duty solicitors provide 24-hour coverage at police stations, so those accused of wrongdoing have legal representation. Criminal legal aid solicitors are critical for ensuring that those accused of a crime have a fair trial. Without proper legal representation there may be miscarriages of justice. We believe that government-proposed cuts in the number of contracts for solicitor firms covering criminal legal aid is unsustainable and could leave some parts of the country without solicitors to provide essential services."