The Government’s plans to cut £220m from the annual criminal case legal aid budget in England and Wales, already under attack by lawyers and human rights campaigners, have now been criticised by a retired senior judge.
Sir Anthony Hooper said that the Ministry of Justice’s (MoJ) proposals to overhaul the legal aid system would remove the rights of defendants to choose a solicitor and threaten a “world-renowned” justice system, which is “the envy of the world”.
In an interview on BBC Radio 4’s Today programme, Sir Anthony said that the new system would lead to what he called “government-allocated providers” representing vulnerable defendants, including those who may be mentally ill.
The former judge also warned that where legal firms currently competed on the basis of excellence, new corporate providers would be under pressure to give advice that was in their financial interests.
Under the plans, lawyers claim that the cost of judicial reviews will rise steeply, fees will be slashed and criminal legal aid contracts will be awarded through competitive tendering to anyone who puts in a serious bid, such as the legal arm of transport giant Eddie Stobart. In addition, defendants on legal aid will no longer be able to choose their solicitor.
The Bar Council responded to the MoJ consultation with a 150-page document, in which it criticised the proposals, in particular price competitive tendering, calling it a “blunt instrument that will leave deep scars on our justice system”.