This article is from the source 'guardian' and was first published or seen on . It last changed over 40 days ago and won't be checked again for changes.

You can find the current article at its original source at http://www.theguardian.com/law/2015/mar/25/legal-aid-solicitors-fail-stop-cuts-defence-permission-appeal-supreme-court

The article has changed 4 times. There is an RSS feed of changes available.

Version 0 Version 1
Solicitors fail to stop cuts in legal aid defence contracts Solicitors fail to stop cuts in legal aid defence contracts
(about 1 hour later)
Criminal solicitors have failed in their attempt to prevent the justice secretary, Chris Grayling, imposing deep cuts on the number of legal aid contracts for defence lawyers.Criminal solicitors have failed in their attempt to prevent the justice secretary, Chris Grayling, imposing deep cuts on the number of legal aid contracts for defence lawyers.
But the Law Society and the London Criminal Courts Solicitors’ Association are now seeking permission to appeal to the supreme court to overturn the judgment. But the Law Society and the London Criminal Courts Solicitors’ Association (LCCSA) are now seeking permission for an emergency hearing at the supreme court to overturn the judgment.
Further legal action could cause severe problems for the government’s timetable for reform. Further legal action could cause severe problems for the government’s timetable for reform. The court of appeal on Wednesday, however, refused to extend an injunction delaying the Ministry of Justice’s tendering process for the new contracts.
Criminal solicitors have been opposing the Ministry of Justice’s radical reduction in the number of contracts for duty solicitors attending police stations and magistrates’ courts. Under the Ministry of Justice proposal, the number of contracts is due to fall from 1,600 to 527 in England and Wales. A fee cut of 8.75% is also due to come into effect. Criminal solicitors are opposed to the MoJ’s radical reduction in the number of contracts for duty solicitors attending police stations and magistrates’ courts.
Parliament will be prorogued on Thursday, leaving the government with little time to adapt to any delays caused by further court action. Under the MoJproposal, the number is due to fall from 1,600 to 527 in England and Wales. A further fee cut of 8.75% is also due to come into effect.
The ministry has argued that the criminal defence market needs to be consolidated so that law firms bidding for the contracts can make economies of scale. The ministry has argued that there are too law many firms operating in the criminal defence market, which needs to consolidate so that those bidding for contracts can achieve economies of scale.
Declining to extend the injunction suspending the tender process, the master of the rolls, Lord Dyson, said there was an “air of unreality” about the solicitors’ hopes of taking their case to the supreme court next week.
Only four firms had submitted bids for the new legal aid defence contracts before the process was suspended before Christmas, the court heard. Labour has promised to scrap the new contracts if they come to power at the election and review the pending fee cut.
The Law Society president, Andrew Caplen, said: “The court of appeal decision is a devastating blow. We remain concerned that vulnerable people may not be able to obtain legal representation if they are accused of wrongdoing. This is why we challenged government plans to reduce criminal legal aid contracts as they could affect anyone accused of a crime and the solicitors who provide high-quality legal help, including 24-hour coverage for police stations.
“Without proper legal representation there may be miscarriages of justice. Criminal legal aid solicitors are critical for ensuring that anyone accused of a crime has a fair trial.”
The LCCSA has warned that two-thirds of criminal legal aid firms will go out of business as a result of the changes.
Jonathan Black, the president of the LCCSA, said: “While the appeal court has found the devastating carveup of solicitor representation is technically legal, we and many others believe it’s immoral. We will do everything we can to continue the fight.
“We are staring into an abyss of rough justice. Unrepresented defendants will clog up our criminal courts and thousands of legal aid solicitors will lose their jobs, leaving legal advice deserts in parts of the country.”
Robin Murray, the vice chair of the Criminal Law Solicitors’ Association, said: “Mr Grayling has no experience of running a legal practice and yet his judgment was held above our collective experience as to whether we can withstand the storm about to sweep access to justice away.
“The signal may well now be green but the Ministry of Justice should not ignore the views of experts and blindly drive over the precipice. The general election is just around the corner and if the Labour party are elected this highly controversial policy would be shelved. Therefore it is undemocratic and unreasonable to expect firms to prepare for a highly complex bidding process for a scheme that might not happen.
“We believe this makes a strong case for civil servants to intervene under the purdah convention and inform the lord chancellor that this issue must wait until the outcome of the general election. It would be a disgrace and a constitutional outrage to pursue these proposals before the short campaign kicks off.”
An MoJ spokesperson said: “We welcome today’s judgment and intend to continue with the tender for new criminal legal aid contracts on Friday.
“Our legal aid reforms are designed to ensure the system is fair for those who need it, the lawyers who provide services as part of it and importantly the taxpayers who ultimately pay for it.
“We have one of the most expensive legal aid systems in the world and even after reform it will remain very generous – costing around £1.5bn a year. Anyone suspected of a crime will still have access to a legal aid lawyer of their choosing after reform, just as they do now.”