A consultation on proposals that could cut up to £40m in fees to criminal legal aid firms (Litigators’ Graduated Fees Scheme and court appointees, 10 February 2017) has been launched by the Ministry of Justice (MoJ). Under the MoJ’s plans, payments for case preparation in the Crown Court will be reduced and the fees paid to advocates appointed by the court to cross-examine victims of abuse will be cut from private to legal aid rates.

The Law Society has condemned the proposals and has published a new report from consultants Oxford Economics that lays bare the risks to the financial viability of the criminal defence market (Forecasting criminal legal aid expenditure: 2017 update – a report for the Law Society, January 2017). The report forecasts expenditure in criminal legal aid based on trends in rates of crime and prosecution. It concludes that expenditure could fall by between £20m and £111m and also argues that further savings could also accrue from efficiencies in the criminal justice system.

Speaking to Legal Action, Zoe Gascoyne, chair of the Criminal Law Solicitors’ Association (CLSA), said the Oxford Economics report ‘shows the fragility of the profession’ and the ‘decreasing spend’ on criminal legal aid, which means there is no ‘need for any cut’. Gascoyne condemned the consultation as ‘ill-timed’ and in effect ‘holding a gun to practitioners’ heads as they are about to sign a new contract’.

In response to the MoJ’s proposals, the CLSA has been holding meetings across the country to discuss its next move. Criminal legal aid solicitors have been in a continuous battle with government for the last four years over cuts and were successful last year in fighting off plans for competitive tendering for legal aid duty contracts.

The consultation closes on 24 March 2017.