Changes To Criminal Legal Aid: How They Affect You

Criminal Legal Aid changes may adversely affect the quality of legal representation.

There is concern amongst the criminal Legal Aid Firms that the changes to Legal Aid implemented on the 3rd of October by the Ministry of Justice might result in a reduction in the quality of advice and representation. Consideration is being given to legal action against the Ministry of Justice.

Amongst the changes implemented last month were:

• The removal of the fee paid for representing Defendants in criminal either way offences such as theft, burglary and many assaults that are then committed to the Crown Court for Trial
• New fixed fees for these type of offences in the Crown Court
• Increased the fee paid for guilty pleas in the Magistrates Court

There is concern that financial pressure on Solicitors will force them to encourage Defendants to plead guilty rather than have their day in Court. Solicitors are worried that many Defendants may feel pressurised into pleading guilty when they do not wish to, or that defences will not be fully considered and investigated by Defence Solicitors as they will not be paid.

The Ministry of Justice’s aim is to cut the number of cases going to the Crown Court that they feel might be dealt with in the Magistrates Court more economically. The Ministry of Justice believes that the previous system did not represent best value for money. However, there seems to be no consideration of the Defendant’s right to Trial.

What Does This Mean For Solicitors and Defendants?

The changes to Criminal Legal Aid mean there will be no payment for any work done in the Magistrates Court in these serious either way offences that are then tried in the Crown Court.

One potential outcome is that Defendants are unrepresented at the early stages in the Magistrates Court and only obtain representation in the Crown Court. This would not be in the interest of justice as the pursuit of the Defendant’s case at an early stage is often important in the case’s development, such as obtaining necessary experts and most particularly in taking detailed Statements from the Defendant and their witnesses. The memory of any incident or alibi will become less reliable over time and potentially lead to miscarriages of justice as a consequence of information being lost or coming to light at a very late stage.

Another outcome may be that Defendants appear before the Court either for the first time seeking bail or having breached bail and are then forced to make an Application for bail themselves because they cannot afford to pay for representation and their lawyer of choice would not be paid. The result might be that any savings made by not paying for these cases are lost by the increased numbers in Prison awaiting Trial who, as a result of not having representation through Criminal Legal Aid, are remanded in custody.