*/
The “unsustainable and unnecessary” legal aid cuts will drive advocates away from publicly funded criminal work and cause “irreparable” harm to the justice system, the Bar Chairman has warned.
Nicholas Lavender QC expressed bitter disappointment that the Government is pressing ahead “despite a sustained campaign emphasising that these proposals are contrary to the public interest”.
“Whilst we will be examining the detail of the Government’s proposals before responding more fully, it is quite clear that the criminal justice system will be the worse for these changes,” he said.
In the final package of pay cuts to Crown Court legal aid advocacy – revealed on 27 February in the Ministry’s response to Transforming legal aid: next steps – a “simplified” version of the advocates graduated fee scheme (AGFS), based on that used by the Crown Prosecution Service, is to be implemented this summer.
Barristers’ fees will be cut “on average” by 6%; with junior barristers earning less than £50,000 a year seeing reductions of 2%. Solicitors’ fees are to be reduced by 17.5% in two stages and the number of firms eligible for duty solicitor contracts limited to 525.
In a letter to the Bar confirming the cuts, Lord Chancellor Chris Grayling wrote: “I have genuine respect for the traditions of the independent Bar, and the high quality advocacy that you provide. It was for this reason that I did not opt for more radical structural change to advocacy services.”
Measures have been put forward “to ease the eff ect on the Bar” and “support the profession”, including restoring cracked-trial fees for elected either-way cases where the prosecution offers no evidence on all counts, and introducing interim payments for trials due to last 10 days or more.
Sir Brian Leveson, President of the Queen’s Bench Division, will lead a review to identify ways to streamline criminal proceedings, such as reducing the number of pre-trial hearings, so that barristers can “take on more cases and earn more fees within the same amount of time”.
There will be a full review of the new scheme next summer which, he pledged, would not be an opportunity for more cuts.
“[U]nder this Government, there will be no further reduction to advocacy fees, and in my view there are clear limits to how far fees can be cut,” the Lord Chancellor stated.
But the Bar Chairman said that delaying the review for one year was “putting the cart before the horse”.
“A review now would have shown, as we have consistently said, that there is no financial case for another round of cuts, after three years of cuts, cuts and more cuts.
“The Ministry of Justice’s own statistics show that cost of the criminal justice system has fallen in recent years at a faster rate than the rest of the Department’s expenditure.
Moreover, Crown Court advocates have already borne a disproportionate share of the reductions in spending,” Lavender said.
The Bar Council pointed out that fee rates paid to Crown Court advocates had fallen by 21% on average since 2007, a 37% fall in real terms after allowing for inflation. Spending on the AGFS had fallen from £275m in 2010/11 to £242m in 2012/13, and a further 10% fall was expected as the impacts of earlier cuts make themselves felt.
Lavender said: “Our worst fears have been confirmed. Across England and Wales, criminal barristers, who work hard in the public interest, will be dismayed and demoralised. Regrettably, many skilled and experienced advocates are likely to have to leave criminal practice altogether. The quality of justice will suffer as a result, and the harm done may well be irreparable.”
Meanwhile, the Attorney General is to appoint an amicus curiae in R v Crawley to assist the court with matters arising. Due to start in April, the case is one of those affected by a Bar boycott of very high cost cases following last year’s 30% cut to VHCC fees.
“Whilst we will be examining the detail of the Government’s proposals before responding more fully, it is quite clear that the criminal justice system will be the worse for these changes,” he said.
In the final package of pay cuts to Crown Court legal aid advocacy – revealed on 27 February in the Ministry’s response to Transforming legal aid: next steps – a “simplified” version of the advocates graduated fee scheme (AGFS), based on that used by the Crown Prosecution Service, is to be implemented this summer.
Barristers’ fees will be cut “on average” by 6%; with junior barristers earning less than £50,000 a year seeing reductions of 2%. Solicitors’ fees are to be reduced by 17.5% in two stages and the number of firms eligible for duty solicitor contracts limited to 525.
In a letter to the Bar confirming the cuts, Lord Chancellor Chris Grayling wrote: “I have genuine respect for the traditions of the independent Bar, and the high quality advocacy that you provide. It was for this reason that I did not opt for more radical structural change to advocacy services.”
Measures have been put forward “to ease the eff ect on the Bar” and “support the profession”, including restoring cracked-trial fees for elected either-way cases where the prosecution offers no evidence on all counts, and introducing interim payments for trials due to last 10 days or more.
Sir Brian Leveson, President of the Queen’s Bench Division, will lead a review to identify ways to streamline criminal proceedings, such as reducing the number of pre-trial hearings, so that barristers can “take on more cases and earn more fees within the same amount of time”.
There will be a full review of the new scheme next summer which, he pledged, would not be an opportunity for more cuts.
“[U]nder this Government, there will be no further reduction to advocacy fees, and in my view there are clear limits to how far fees can be cut,” the Lord Chancellor stated.
But the Bar Chairman said that delaying the review for one year was “putting the cart before the horse”.
“A review now would have shown, as we have consistently said, that there is no financial case for another round of cuts, after three years of cuts, cuts and more cuts.
“The Ministry of Justice’s own statistics show that cost of the criminal justice system has fallen in recent years at a faster rate than the rest of the Department’s expenditure.
Moreover, Crown Court advocates have already borne a disproportionate share of the reductions in spending,” Lavender said.
The Bar Council pointed out that fee rates paid to Crown Court advocates had fallen by 21% on average since 2007, a 37% fall in real terms after allowing for inflation. Spending on the AGFS had fallen from £275m in 2010/11 to £242m in 2012/13, and a further 10% fall was expected as the impacts of earlier cuts make themselves felt.
Lavender said: “Our worst fears have been confirmed. Across England and Wales, criminal barristers, who work hard in the public interest, will be dismayed and demoralised. Regrettably, many skilled and experienced advocates are likely to have to leave criminal practice altogether. The quality of justice will suffer as a result, and the harm done may well be irreparable.”
Meanwhile, the Attorney General is to appoint an amicus curiae in R v Crawley to assist the court with matters arising. Due to start in April, the case is one of those affected by a Bar boycott of very high cost cases following last year’s 30% cut to VHCC fees.
The “unsustainable and unnecessary” legal aid cuts will drive advocates away from publicly funded criminal work and cause “irreparable” harm to the justice system, the Bar Chairman has warned.
Nicholas Lavender QC expressed bitter disappointment that the Government is pressing ahead “despite a sustained campaign emphasising that these proposals are contrary to the public interest”.
Sam Townend KC explains the Bar Council’s efforts towards ensuring a bright future for the profession
Giovanni D’Avola explores the issue of over-citation of unreported cases and the ‘added value’ elements of a law report
Louise Crush explores the key points and opportunities for tax efficiency
Westgate Wealth Management Ltd is a Partner Practice of FTSE 100 company St. James’s Place – one of the top UK Wealth Management firms. We offer a holistic service of distinct quality, integrity, and excellence with the aim to build a professional and valuable relationship with our clients, helping to provide them with security now, prosperity in the future and the highest standard of service in all of our dealings.
Is now the time to review your financial position, having reached a career milestone? asks Louise Crush
If you were to host a dinner party with 10 guests, and you asked them to explain what financial planning is and how it differs to financial advice, you’d receive 10 different answers. The variety of answers highlights the ongoing need to clarify and promote the value of financial planning.
On the 50th anniversary of the pub bombings, even now it is still unresolved. Chris Mullin, the journalist and former MP who led the campaign leading to the release of the Birmingham Six, looks back at events
Adele Akers’ reflections on health and wellbeing support at the very junior end of the Bar
Not one to say, ‘I told you so,’ Sam Thomas continues his cyber series with the key learnings from the major supply chain attack affecting 80 law firms and at least one set of chambers at the end of 2023
One year on and the Court of Appeal fails to quash convictions after receiving evidence of racism in the jury room, and there are still no revisions to the Equal Treatment Bench Book , says Keir Monteith KC
Increasing sophistication and frequency of attacks have led many chambers to ask ‘when’ not ‘if’ they will suffer a cyber incident. Simon Davis sets out the factors to consider when renewing your cyber cover
