Key decisions on the future of criminal legal aid must be taken before expecting firms to bid for new 10-year contracts, the Law Society has warned.
Currently, firms are being asked to bid for new 10-year criminal legal aid contracts.
This has been met with criticism from the Law Society who say the government’s decision to begin the procurement process in the absence of ‘crucial information’ that will help firms make a sound business decision.
The Legal Aid Agency says organisations can apply at any point in the first nine years of the contract, but tenders must be submitted by 22 October 2024 if they wish to start their contract and join duty schemes next year.
“We think it is wrong that the tender requires firms to bid before the UK government outlines its response to the judicial review judgment, and the consultation on police station and youth court fees, which would see a two per cent rise in rates for defence solicitors,” said Law Society vice president Richard Atkinson.
“Both decisions are well overdue and we have stressed the urgent need for clarity direct with Ministers and the Legal Aid Agency. How can firms make a sound business decision to bid for a new contract, especially one lasting 10 years, without knowing whether these bare minimum criminal legal aid rate increases will ever happen?
“Criminal legal aid is a vital public service which ensures access to justice for all and the smooth running of our criminal justice system. However, there will be nobody left to do this crucial work in 10 years unless the government invests in criminal legal aid.
“If the Ministry of Justice does not demonstrate very swiftly that it is serious about making criminal legal aid work sustainable, we will advise our members that there is no future in this work.”
Criminal legal aid providers and new entrants can submit a tender for new crime contracts beginning on October 1 of next year. Firms who submit tenders after 22 October but before 30 April 2025 can obtain a contract beginning next October but will not be able to join duty schemes until January 2026.
