Transforming Legal Aid Consultation paper

A brief overview

Richard Atkinson Chair Criminal Law Committee Law Society of England & Wales

Transforming Legal Aid Consultation paper

• 8 Chapters• 11 Annexes• 158 pages• 36 Questions

The longest death threat in history?

Background

• A backdrop of continuing financial pressure on public spending

• “We estimate that the proposals set out in this consultation would, if implemented deliver savings of £220 million by 2018/19.”

The Savings

• £120 million from PCT

• £100 million from the other proposals in the paper

Chapter 3: Eligibility, Scope and Merits

• “ This chapter sets out proposals for improving public confidence in the legal aid scheme”

Prison Law – Scope cut• Restrict the scope of advice and assistance,

including advocacy assistance, for prison law to cases that:

• involve the determination of a criminal charge for the purposes of Article 6 European Convention on Human Rights (ECHR - right to a fair trial);

• engage Article 5.4 ECHR (right to have on-going detention reviewed); and

• require legal representation as a result of successful application of the “Tarrant” criteria.

• Note all new contract holders will be obliged to undertake prison law and appellate work (Para 4.28) with no restriction on choice.

Financial eligibility in the Crown Court

• Introduction of a financial eligibility threshold whereby any defendant with a disposable household income of £37,500 or more would be ineligible for legal aid in the Crown Court, subject to review on hardship grounds.

• If successful on review legal aid will be granted subject to a contribution

• The proposal would apply to all proceedings in the Crown Court, but not to appeals from the magistrates’ court and onward appeals to the Court of Appeal or Supreme Court.

• Costs out of central funds to be restored for privately paying acquitted defendants but only at legal aid rates and only where they had applied for legal and been refused on means.

• No new proposals for use of restrained assets.

Chapter 4: Introducing Competition in the Criminal Legal Aid Market

• Tendering to cover all services except Crown Court advocacy and VHCCs.

• DSCC and CDS Direct to be excluded

• Contracts to be for three years extendable up to two further years

• Procurement areas to be largely CJS areas with London broken down to three areas and the merger of Warwickshire with West Mercia; and Gloucestershire with Avon and Somerset, to form two new procurement areas.

• Under the proposed model, work would be exclusively available to those who had been awarded competitively tendered contracts within the applicable CJS areas

• LAA to decide the number of contracts in each area

• Contracts to be of equal size in each area but no guarantee of volume of work.

• Public Defender Service to be guaranteed one of the contracts in its relevant areas.

• Client choice to be abolished. Transfers to be only allowed in exceptional circumstances.

• Case allocation proposals (a) case by case basis (b) by way of duty slots

Payment Structures.• Police station – block contract

• Magistrates Court – single fixed fee

• Crown Court under 500 PPE – fixed fee for all types of cases

• Crown Court over 500 PPE – current scheme against which firm bids a discount

• All fees to be inclusive of travel disbursements but not experts

The procurement process

• Pre-Qualification Questionnaire to be selective

• Invitation to Tender – (a) Delivery Plan (b) Competition on Price below cap fixed at 17.5% below current prices

• Conditions of tender

• TUPE - Your risk!

Proposed timetable.

• Consultation closes 4th June 2013

• Response to consultation Autumn 2013

• PQQ takes place October-November 2013

• ITT stage takes place in February–March 2014

• Contracts awarded June 2014

• New contracts start September 2014

Chapter 5: Reforming Fees in Criminal Legal Aid

• AGFS Basic fee to be fixed at cracked trial fee for all guilty, cracked and trials

• Tapering of fees from day 4 of trials onwards

• Overall this would result in an increase in payments due to harmonisation of £13m and a reduction in payments from tapering daily attendance fees of £28m.

• VHCCs – reduction for in all the rates for work paid by 30%, for both litigators and advocates, in all active contracts.

• Estimated saving of around £20m .

• Greater restriction on use of multiple advocates

• Requirement in the new litigation contracts that the litigation team must provide appropriate support to advocates in the Crown Court.

Protect our Criminal Justice System.