Independent report supports call for immediate uplift in criminal legal aid fees

The Bar Council is repeating calls on the Ministry of Justice for an immediate 15% uplift in criminal legal aid fees for barristers, following the publication of the first Criminal Legal Aid Advisory Board (CLAAB) report.

The independent advisory board, chaired by Her Honour Deborah Taylor, was established by the Ministry of Justice in October 2022 to report to the Lord Chancellor and promote joined up thinking across the criminal justice system to develop a more coherent approach to criminal legal aid. It includes representatives from the Bar Council, Criminal Bar Association, and other legal professional bodies.

The main recommendations of the report include:

• Substantial immediate additional funding above the 15 % recommended by the criminal legal aid independent review (CLAIR) is required to meet CLAIR aims
• Immediate uplift of RASSO (rape and serious sexual offence) fees is required to address the shortages of advocates doing this work
• Separate payment for Youth Court work (whether by increased use of Certificates for Counsel or otherwise) for the work done by solicitors and the Bar undertaking this important and often complex work. This would support the availability to many young and vulnerable defendants of access to the highest quality advocacy in the Youth Court

In summary: "Our overarching recommendation is that substantial immediate additional funding is required in all areas we have highlighted, to have any chance of meeting CLAIR objectives. Delay is likely to increase and exacerbate the problems."

The report - signed off in July - sets out the previous request of the Bar Council and Criminal Bar for a 10% increase across all fees. Given the ongoing delays to fee increases, the Bar Council called for an immediate uplift of 15% in a submission to the spending review in September.

In a separate announcement today, the Lord Chancellor has pledged £24m towards legal aid work in police stations and the Youth Court.

Commenting, Sam Townend KC, Chair of the Bar Council, said:

"This timely report details the increasing challenges facing all areas of criminal legal aid and highlights the urgent need for an immediate uplift in criminal legal aid fees.

"In our recent spending review submission, we made the strong case for an immediate 15% uplift in fees for criminal barristers and the establishment of an independent fee review body to guard against future crises.

"We welcome the additional investment in fees for legal aid in police stations and the Youth Court but a piecemeal approach will not secure a sustainable future for the criminal Bar.

"The reality is that legal aid fees have not kept pace with inflation yet criminal lawyers are working under increasing pressure against growing Crown Court backlogs. Last year 1 in 20 Crown Court trials was abortive because there was no barrister available to either prosecute or defend or both.

"We all support the government in its missions to reduce violent crime and halve violence against women and girls. But this can only be achieved if we have appropriately remunerated barristers and solicitors working in a properly funded legal system."

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