Law and Rights
Updated 4th July - see addendum:
Beset on all sides by criticism of plans to reform criminal legal aid and in advance of his appearance before the Justice Committee on 3rd July, the Secretary of State for Justice and Lord Chancellor (Mr Chris Grayling MP) has indicated that choice of solicitor will be retained in any reforms - The Independent 1st July.
Perhaps Mr Grayling hopes that he will now receive an easy ride from the committee. Whether that is so remains to be seen. According to the published information, the Justice Committee hearing is about Price Competitive Tendering but there is much more to the Transforming Legal Aid proposals - e.g. prison law cases, judicial review etc. (Law and Lawyers ~ Responses to Legal Aid consultation).
The Justice Secretary welcomed the Law Society?s recognition
of the need for savings and said the Government was discussing with it how to achieve ?a managed market consolidation". (The amount of 'management-speak' never ceases to amaze me)!
If PCT is to be retained then it is difficult to square that with real choice of defendants since PCT is based on a large reduction in the number of criminal legal aid providers. 'Choice' in such a system would seem to amount to a 'You can pick from this list' system with most defendants not knowing anything about the lawyers on the list. Choice for defendants has huge practical advantages as mentioned by contributors to the recent Backbench Legal Aid debate. Defendants are much more likely to accept advice about matters such as the correct plea when the advice comes from a lawyer they know and trust.
In April 2013, the Law Society published Procuring criminal defence services: is there a better way? and this went out to consultation.
On 1st July, the Law Society published an alternative proposal which does not involve PCT. This proposal seeks to retain choice; provide certainty and facilitate efficiency - see
Addendum 4th July:
Gemma's blog - Why the Law Society proposed alternatives
- Transforming Legal Aid: Next Steps ~ A New Consultation ~ The Fight For Fairness Is Not Over
As mentioned in the previous post, the government has published revised proposals for transforming legal aid - Ministry of Justice - Law Society and MoJ agree new proposals for criminal legal aid. The revised proposals may be read HERE and...
- Legal Aid ~ Westminster Hall Debate ~ Inefficiency And Waste
Chris Grayling MPTransforming legal aid: Price Competitive Tendering (or PCT) was a central plank in the government's Transforming Legal Aid proposals. I say 'was' because it looks as though it has been dropped by the Secretary of State...
- European Convention At 60 ~ Legal Aid
Update 5th September - link to 4th September legal aid debate The European Convention: ?Human rights are inscribed in the hearts of people; they were there long before lawmakers drafted their first proclamation. Mary Robinson, Former United Nations High...
- Yuppy, Beady-eyed Crowds; Fat Cats And Moggies! Wednesday Thoughts.
Updates 16th June *** Mail on Sunday corrects daily's legal aid sums *** So that league table of supposed greed is selective bunk. *** Please sign the e-petition on Legal Aid The government's purge of legal aid crosses the border into authoritarianism...
- Act Now To Try To Stop 'justice' Being Only For The Rich And Powerful
*** Please sign the e-petition on Legal Aid - the aim is to try to persuade Parliament to debate the Ministry of Justice plans to slash legal aid. Why should any Minister be allowed to seriously alter the rights of the British citizen just by stroke...
Law and Rights
Legal Aid - a possible shift in the government's position - Law Society's alternative proposals
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| Mr Chris Grayling MP |
Beset on all sides by criticism of plans to reform criminal legal aid and in advance of his appearance before the Justice Committee on 3rd July, the Secretary of State for Justice and Lord Chancellor (Mr Chris Grayling MP) has indicated that choice of solicitor will be retained in any reforms - The Independent 1st July.
Perhaps Mr Grayling hopes that he will now receive an easy ride from the committee. Whether that is so remains to be seen. According to the published information, the Justice Committee hearing is about Price Competitive Tendering but there is much more to the Transforming Legal Aid proposals - e.g. prison law cases, judicial review etc. (Law and Lawyers ~ Responses to Legal Aid consultation).
The Justice Secretary welcomed the Law Society?s recognition
of the need for savings and said the Government was discussing with it how to achieve ?a managed market consolidation". (The amount of 'management-speak' never ceases to amaze me)!
If PCT is to be retained then it is difficult to square that with real choice of defendants since PCT is based on a large reduction in the number of criminal legal aid providers. 'Choice' in such a system would seem to amount to a 'You can pick from this list' system with most defendants not knowing anything about the lawyers on the list. Choice for defendants has huge practical advantages as mentioned by contributors to the recent Backbench Legal Aid debate. Defendants are much more likely to accept advice about matters such as the correct plea when the advice comes from a lawyer they know and trust.
In April 2013, the Law Society published Procuring criminal defence services: is there a better way? and this went out to consultation.
On 1st July, the Law Society published an alternative proposal which does not involve PCT. This proposal seeks to retain choice; provide certainty and facilitate efficiency - see
- Law Society alternative to price competitive tendering (PDF 518kb)
Addendum 4th July:
Gemma's blog - Why the Law Society proposed alternatives
- Transforming Legal Aid: Next Steps ~ A New Consultation ~ The Fight For Fairness Is Not Over
As mentioned in the previous post, the government has published revised proposals for transforming legal aid - Ministry of Justice - Law Society and MoJ agree new proposals for criminal legal aid. The revised proposals may be read HERE and...
- Legal Aid ~ Westminster Hall Debate ~ Inefficiency And Waste
Chris Grayling MPTransforming legal aid: Price Competitive Tendering (or PCT) was a central plank in the government's Transforming Legal Aid proposals. I say 'was' because it looks as though it has been dropped by the Secretary of State...
- European Convention At 60 ~ Legal Aid
Update 5th September - link to 4th September legal aid debate The European Convention: ?Human rights are inscribed in the hearts of people; they were there long before lawmakers drafted their first proclamation. Mary Robinson, Former United Nations High...
- Yuppy, Beady-eyed Crowds; Fat Cats And Moggies! Wednesday Thoughts.
Updates 16th June *** Mail on Sunday corrects daily's legal aid sums *** So that league table of supposed greed is selective bunk. *** Please sign the e-petition on Legal Aid The government's purge of legal aid crosses the border into authoritarianism...
- Act Now To Try To Stop 'justice' Being Only For The Rich And Powerful
*** Please sign the e-petition on Legal Aid - the aim is to try to persuade Parliament to debate the Ministry of Justice plans to slash legal aid. Why should any Minister be allowed to seriously alter the rights of the British citizen just by stroke...