CILEX warns government its members are turning away from criminal work

Working as a criminal legal aid lawyer no longer represents a sustainable career path for members, CILEX warned the government in its response to a call for evidence from the Ministry of Justice’s review of criminal legal aid.

Arguing that a failure to address the desperate resourcing crisis in the sector “threatens the stability of the entire system”, CILEX cited figures showing a steady decline in the number of its practitioners choosing criminal law as their long-term career path, with 50% fewer members electing to study criminal law than in 2012.

Overall numbers of CILEX members practising in criminal law are also declining, suggesting many are leaving the profession altogether, a trend that CILEX sees as “a testament to the unfavourable working conditions and remuneration rates” they face.

The decline mirrors other parts of the profession, with Law Society research showing the average age of criminal defence solicitors is increasing, with insufficient fresh blood coming up behind.

CILEX argued that a “disjointed approach” to addressing deficiencies in the sector had failed to deliver “fair pay for work done” at all stages of the criminal law process, particularly the earlier stages of representation and investigation.

Its response recommended improving working conditions to increase stability in the market and to rebuild the pipeline of providers, including by making duty lawyers salaried posts.

CILEX also highlighted barriers to progression for CILEX Lawyers working in criminal law, both in defence and prosecution. This includes rules that prevent CILEX practitioners from becoming Crown Prosecutors and the lack of recognition entrenched within the Criminal Litigation Accreditation Scheme, which fails to account for the level of training and competence that CILEX Advocates possess.

Payments from the Legal Aid Agency (LAA) were highlighted as being insufficient for small firms to recruit and train junior staff, with CILEX calling for a funding system that encourages sustainability, quality and efficiency, where firms are paid appropriately and incentivised to invest in their staff so that the workforce gets the training they need.

Its response stated that both the level and process of payment needs “fundamental reconsideration” to consider and encourage alternative delivery models and a diversity of business practices to support ongoing sector sustainability.