Rushed bidding process threatens justice

In a recent statement, the Law Society of England and Wales expressed deep concern over the rushed bidding process for new 10-year contracts related to criminal legal aid. The organisation argues that key decisions about the future of criminal legal aid must be addressed before firms are expected to submit bids.

Richard Atkinson, vice president of the Law Society, highlighted that it is inappropriate for the tender process to proceed without the government first clarifying its position following a judicial review judgment. This includes a pending consultation on fee increases for police station and youth court work, which could provide only a modest 2% rise in rates for defense solicitors.

Atkinson emphasied the difficulties firms face in making informed business decisions under such uncertainty. “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?” he questioned.

The implications of this situation extend beyond immediate financial concerns; criminal legal aid plays a critical role in ensuring access to justice. Atkinson cautioned that without government investment, the sustainability of criminal legal aid could be jeopardised, threatening the very existence of legal professionals in this field over the next decade.

“The Ministry of Justice must demonstrate promptly that it is committed to making criminal legal aid sustainable,” he urged. Otherwise, the Law Society may advise its members against pursuing this vital work in the future. The message is clear: the time for decisive action is now, or the criminal justice system could face severe repercussions.