Law Society warns Justice Select Committee over criminal legal aid fee changes

updated on 21 October 2013

The Law Society has told the House of Commons Justice Select Committee that the Ministry of Justice's (MoJ) proposed fee cuts for criminal legal aid pose "significant risks" to the criminal justice system.

The latest response to the controversial Transforming Legal Aid: Next Steps consultation paper was released in a draft iteration to the Justice Select Committee. This follows strong criticism earlier in the year from the Law Society, which branded the legal aid proposals as "unworkable and damaging".

President of the Law Society, Nick Fluck, explained: "Following discussion between the MoJ and the Law Society over the summer, the ministry put forward a fresh proposal for the tendering of criminal legal aid contracts on 5 September. That revised model will see client choice retained, all firms able to undertake unlimited own-client work and duty solicitor contracts allocated according to capacity and capability."

However, he added: "The fee changes proposed in the consultation are a cause for serious concern. Given the fragility of the legal aid market, starkly set out in evidence gathered by Otterburn Consulting for the Society as part of our response to the first consultation, a cut of 17.5% poses a significant risk to the future sustainability of the sector…the ministry must be very sure that the solicitors and their firms are on a robust enough financial footing to withstand this."