Government pledges to remove barriers for CILEX members working in criminal legal aid

Outlining “the most ambitious reform of criminal legal aid in decades”, the Ministry of Justice (MoJ) has put forward changes to the sector that include plans to “give more people the opportunity to forge a career in criminal law, whatever their background” and remove barriers for CILEX members working in criminal law.

The move was recognised as “a huge step forward” by CILEX, which has been campaigning for changes to the Criminal Litigation Accreditation Scheme (CLAS) for some years.

The government has pledged up to £135m extra funding for the sector, accepting Sir Christopher Bellamy’s recommended funding boost which he considered the minimum required to prevent a market collapse.

The new funding sits alongside reforms that will ensure professionals are better paid for the work they actually carry out and to help free up capacity in courts.

The MoJ said there would be a 15% boost in pay for lawyers representing suspects in police stations and improvements to the advice available to stop cases going to court unnecessarily and deliver speedier justice to victims.

Responding to the recommendations outlined in the Criminal Legal Aid Independent Review (CLAIR), the consultation, open until 7 June, said: “The government is keen to see increased opportunities for CILEX professionals across the justice system – including making it easier for them to become duty ‘solicitors’ to increase the sustainability and stability of the provider base and to reduce barriers to access to this work where people enter the legal professions through alternative routes.”

Currently, CLAS does not recognise CILEX’s advocacy qualifications as equivalent to those of solicitors. The government proposes taking forward CLAIR’s recommendations, working with the representative bodies and the Legal Aid Agency to review this position “to enable CILEX professionals to become duty solicitors without having to undergo additional qualifications”.

Proposed changes to the means test will also open up access to civil legal aid for around two million more people, and will remove it altogether for some applicants. For domestic abuse victims who are disputing house ownership, disputed assets will not count towards their wealth.

The financial cap on eligibility for Crown Court defendants will also be removed, ending the so-called ‘innocence tax’ which has forced some innocent people to pay their own legal costs despite being acquitted.

Lord Chancellor and Justice Secretary Dominic Raab said the legal profession was owed “a debt of gratitude for keeping the wheels of justice turning over the last two years” and said the extra investment would “ensure legal representation is there for those who most need it as we build back a stronger and fairer society after the pandemic.”

In line with Sir Christopher’s review, planned changes to the legal aid system will include a restructuring of the fee schemes and the creation of an advisory board, which will represent all parts of the profession, “helping shape criminal legal aid policy moving forward”.

CILEX chair Professor Chris Bones welcomed the government’s response, saying “it rightly accepts the need to increase funding to ensure the immediate viability of legal aid and recognises that further reform should provide long term sustainability”.

He added: “CILEX professionals are essential to our justice system and the removal of the false barriers that prevent them from playing a full role in criminal legal aid is a huge step forward. Doing so will not only help to address current backlogs, but will also make an enormous difference to improving both the diversity and the sustainability of the sector”.

CILEX also welcomed the means test proposals and will be engaging in the separate consultation on it.