Criminal Legal Aid
Criminal Legal Aid
The Law Society applied for permission to bring a judicial review challenge against the government over criminal legal aid funding following their decision not to increase criminal defence solicitors’ legal aid rates by the recommended minimum 15%. The Law Society believe the government’s decision not to implement the key recommendations of the Bellamy review is irrational, lacking reasons, and is in breach of the constitutional right of access to justice. The High Court has granted permission on all three grounds. Hearing dates have been set for mid-December 2023 and a judgement is likely to occur in the early New Year. It is The Law Society’s hope that the decision will be ruled unlawful and force the Ministry of Justice to revisit their decision and uplift fees in a more sustainable and appropriate manner.
The Law Society have continued to campaign on the sustainability of the criminal justice system, providing evidence on the decline of criminal duty solicitors and projections that show the widescale collapse of duty solicitor schemes across England and Wales is ever more likely.