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| Criminal case faces collapse following legal aid cuts for medical experts | Criminal case faces collapse following legal aid cuts for medical experts |
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| A criminal prosecution has been put in danger of collapse because dozens of medical experts have declined to give advice about a defendant's fitness to stand trial following deep cuts in their fees. | A criminal prosecution has been put in danger of collapse because dozens of medical experts have declined to give advice about a defendant's fitness to stand trial following deep cuts in their fees. |
| The case, which cannot be identified, suggests growing resistance among professional witnesses to reduced legal aid rates, a stance that could undermine the criminal justice process. | The case, which cannot be identified, suggests growing resistance among professional witnesses to reduced legal aid rates, a stance that could undermine the criminal justice process. |
| Neurologists were, until December last year, being paid about £90 an hour but their fees have now been reduced to £72 an hour with no travelling expenses. Even though in this case they are being offered the older, higher fee, a total of 27 neurologists have declined to take on the legal aid work, according to lawyers representing the defendant. | Neurologists were, until December last year, being paid about £90 an hour but their fees have now been reduced to £72 an hour with no travelling expenses. Even though in this case they are being offered the older, higher fee, a total of 27 neurologists have declined to take on the legal aid work, according to lawyers representing the defendant. |
| The law firm has now applied for additional funding. Only one neurologist, who lives in Scotland, agreed to accept the case. The Legal Aid Agency has belatedly agreed to pay his travel expenses. | |
| The problem, if resolved in this case, appears to be that doctors are increasingly reluctant to carry out any legal aid work. | The problem, if resolved in this case, appears to be that doctors are increasingly reluctant to carry out any legal aid work. |
| Medical consultants, who can charge more than £200 an hour for private work, suffered fee reductions through economies brought in by the Criminal Legal Aid (Remuneration) (Amendment) Regulations 2013. | Medical consultants, who can charge more than £200 an hour for private work, suffered fee reductions through economies brought in by the Criminal Legal Aid (Remuneration) (Amendment) Regulations 2013. |
| The regulations list two sets of fees for expert witnesses – in London and outside the capital. London fee rates are in most cases far lower on the grounds that more experts are available and can therefore compete with one another. | The regulations list two sets of fees for expert witnesses – in London and outside the capital. London fee rates are in most cases far lower on the grounds that more experts are available and can therefore compete with one another. |
| The case involves an allegation of violence. The judge had indicated that the prosecution may not be able to go ahead if there was no medical report on the defendant's fitness to plead because he might not receive a fair trial. | |
| The Legal Aid Agency, which controls expert witnesses' fees, does not accept that the case should be halted and has implied that more money might be made available. It initially said that it had not "been contacted about any difficulties obtaining a medical expert in this case". | The Legal Aid Agency, which controls expert witnesses' fees, does not accept that the case should be halted and has implied that more money might be made available. It initially said that it had not "been contacted about any difficulties obtaining a medical expert in this case". |
| An MoJ spokesperson said: "Experts working for the defence under legal aid were often being paid significantly more than when appearing for the prosecution. This is obviously unfair. Our reforms ensure that legal aid payment rates for medical experts remain adequate whilst dealing with this unfairness. | An MoJ spokesperson said: "Experts working for the defence under legal aid were often being paid significantly more than when appearing for the prosecution. This is obviously unfair. Our reforms ensure that legal aid payment rates for medical experts remain adequate whilst dealing with this unfairness. |
| "We have not been made aware of a problem with obtaining particular medical experts to provide evidence in criminal cases. Mechanisms remain in place for payment rates to be reviewed in certain circumstances." | "We have not been made aware of a problem with obtaining particular medical experts to provide evidence in criminal cases. Mechanisms remain in place for payment rates to be reviewed in certain circumstances." |
| The spokesman added: "In any criminal case where a solicitor granted legal aid for an expert report that requires a higher fee than the standard rate due to the exceptional nature of the case, the solicitor may make an application to the LAA. If that request is declined by the LAA, an appeal against the decision may be made to an independent assessor. In this case those requests have not been made." | The spokesman added: "In any criminal case where a solicitor granted legal aid for an expert report that requires a higher fee than the standard rate due to the exceptional nature of the case, the solicitor may make an application to the LAA. If that request is declined by the LAA, an appeal against the decision may be made to an independent assessor. In this case those requests have not been made." |
| The CPS says it does pay expert witnesses' travel expenses and can agree higher fees for highly qualified experts. | The CPS says it does pay expert witnesses' travel expenses and can agree higher fees for highly qualified experts. |
| Complaints about cuts in experts' fees surfaced during consultations over the regulations. Dr Chris Pamplin, editor of the UK register of expert witness, said: "The Ministry of Justice has had room-fulls of people warning them that this would happen [when the consultations took place]. | Complaints about cuts in experts' fees surfaced during consultations over the regulations. Dr Chris Pamplin, editor of the UK register of expert witness, said: "The Ministry of Justice has had room-fulls of people warning them that this would happen [when the consultations took place]. |
| "We asked the MoJ to focus on the way they used experts not just to slash their fees. They said that was too complicated and would cut what they pay. They have also cut cancellation fees. If they do the work on NHS time, the NHS gets the fee. But now it costs the NHS more to employ the doctors than it collects in fees. What has happened is entirely predictable." | "We asked the MoJ to focus on the way they used experts not just to slash their fees. They said that was too complicated and would cut what they pay. They have also cut cancellation fees. If they do the work on NHS time, the NHS gets the fee. But now it costs the NHS more to employ the doctors than it collects in fees. What has happened is entirely predictable." |
| David Cohen, of the Academy of Experts, which supports and trains professionals on how to give evidence in court, said he was aware many experts were declining to work for reduced legal aid fees. | David Cohen, of the Academy of Experts, which supports and trains professionals on how to give evidence in court, said he was aware many experts were declining to work for reduced legal aid fees. |
| "They slashed the rates by 10% a few years ago," he told The Guardian. "Now they have cut it by another 20%. If you want to have a criminal justice system it costs money. | "They slashed the rates by 10% a few years ago," he told The Guardian. "Now they have cut it by another 20%. If you want to have a criminal justice system it costs money. |
| "Most experts have charged a lower rate for their legal aid work. Older experts have a sense of duty; younger experts generally have a more modern approach where they think they should be paid a reasonable rate for the job. | "Most experts have charged a lower rate for their legal aid work. Older experts have a sense of duty; younger experts generally have a more modern approach where they think they should be paid a reasonable rate for the job. |
| "The majority of these [medical consultants] doing their ordinary job are charging £200 an hour or more." The Legal Aid Agency, he added, was also restricting the number of hours they would pay for any consultation. | "The majority of these [medical consultants] doing their ordinary job are charging £200 an hour or more." The Legal Aid Agency, he added, was also restricting the number of hours they would pay for any consultation. |
| Nicola Hill, president of the London Criminal Courts Solicitors Association, said: "This is another sign of the damaging impact of the MoJ knowing the price of everything and the value of nothing. Expert witnesses, with highly specialised medical knowledge, are crucial in many complex cases. | Nicola Hill, president of the London Criminal Courts Solicitors Association, said: "This is another sign of the damaging impact of the MoJ knowing the price of everything and the value of nothing. Expert witnesses, with highly specialised medical knowledge, are crucial in many complex cases. |
| "They can make all the difference between a secure conviction and an unsafe one. If their goodwill is lost and they increasingly refuse to work at the much reduced legal aid rates, defendants are at risk of unsafe convictions, cases will collapse without guilt or innocence being proven and victims and their families will be denied the justice they deserve." | "They can make all the difference between a secure conviction and an unsafe one. If their goodwill is lost and they increasingly refuse to work at the much reduced legal aid rates, defendants are at risk of unsafe convictions, cases will collapse without guilt or innocence being proven and victims and their families will be denied the justice they deserve." |