Following the decision of the Court of Appeal in Howard League for Penal Reform & Anor, R (On the Application of) v The Lord Chancellor  EWCA Civ 244, new regulations have come into force returning some prison law cases to the scope of legal aid.
The Criminal Legal Aid (Amendment) Regulations 2017, in force on 21 February 2018, bring the following types of case back in:
- Advice and representation for pre-tariff reviews for life and indeterminate sentence prisoners before the Parole Board;
- Reviews of classification as a category A prisoner;
- Placement in close supervision and separation centres within prisons.
These cases are funded as criminal legal aid, using advice and assistance and advocacy assistance. The usual means tests apply and payment is the same as for the prison law cases currently in scope. Amended criminal contracts have been issued and there are revised CRM3 and CRM18a forms on the LAA website. The LAA has said it will continue to accept old forms until 31 May 2018.
Congratulations to the Howard League and the Prisoners Advice Service, which have brought this change about following three years of litigation. It is a rare example of the scope of legal aid widening post-LASPO.
Filed under Crime, LASPO, Policy
The MoJ has responded to its consultation on proposals to cut PPE payments in crime LGFS cases. Despite 97% opposition from over 1,000 responses, it is pressing ahead with the proposal. From 1 December 2017, PPE payments will be limited to 6,000 pages, down from the current 10,000. Any extra will have to be claimed as discretionary special preparation fees.
The MoJ also confirmed that the delayed second 8.75% across the board fee cut will now not go ahead. It has yet to announce its decision on the proposal to cut fees for court appointees.
Filed under Costs, Crime, Policy
Lord Bach’s Access to Justice Commission has published its final report, available here. It is a detailed and thoughtful report, which should provoke further debate about the impact on access to justice – and particularly those who can’t get it – following the reforms of recent years. There is a lengthy list of recommendations, which fall into three main categories:
- The creation of a new statutory enforceable “right to justice” and the creation of a Justice Commission
- Reform of the legal aid scheme, including widening and simplifying the means test and contributions, increasing legal aid scope to restore most family, some immigration, and cases involving children, as well as reforms to judicial review, inquest and exceptional case funding, and replacing the LAA with an independent body and simplifying administration
- Wider and better public legal education and a universal advice and information portal.
Sir Henry Brooke, the retired Court of Appeal judge, was one of the commissioners. Since the publication of the report he has posted a series of blogs, well worth reading, looking at some of the background to the Commission’s recommendations.
We’ve covered elsewhere the key LAA announcement – the timetable for the 2018 civil contracts tender – but there are a couple of other issues that’s it’s worth making sure didn’t get overlooked in the holiday season.
LAA online services – including CCMS, eforms, CWA, CCLF and the management information service – are accessed via the LAA portal. The portal is being upgraded on 11 September. It doesn’t seem that there will be a major overhaul of the look and functionality of the systems. But the LAA promises increased stability and faster log in times.
Crucially, following the upgrade all users will have to reset their passwords. In order to do that, they need to know their current passwords. So you should make sure that all users in your office know their current passwords and have checked they still work before 5 September – which is the last day for requesting a reset before the upgrade. More information here.
Meanwhile, online billing for Crown Court work (both AGFS and LGFS) will become mandatory from 31 October – more here.
Immigration practitioners looking for extra matter starts, including those that didn’t get any in the recent supplementary matter starts process, have been reminded that you can ask your contract manager for more matter starts when needed. The LAA has also issued news alerts drawing attention to the rules on claiming hourly rates and on refunding client travel in immigration cases. News articles like this can be a useful reminder of how the LAA sees the rules following feedback of difficulties, but also an indicator of potential audit activity – so are something immigration practitioners will want to take note of.
The Law Society has issued a new practice note setting out the requirements of the legal aid contracts and of professional conduct in deciding whether to accept instructions in criminal legal aid cases.
It reminds practitioners that, in the main, only duty solicitors acting as such are required to take on work – and then only of the types prescribed in the contract.
It also sets out the relevant professional conduct obligations. These apply both at the level of individual cases – such as the duty to advise of the availability of legal aid before accepting private instructions – but also at the level of practice management. There is a particular obligation on COLPs and COFAs to ensure their practices are managed responsibly, which includes financial prudence.
There is nothing new in the practice note but it comes at a time when changes to Crown Court fees and to court appointed work are under consideration (though no decisions will be made until after the general election). It reminds practitioners that they are not required to take on all cases and that there may be circumstances where there is a professional duty not to do so. The bar took a similar approach some years ago when it deemed criminal fees not to be a proper fee, thus exempting these cases from the cab rank rule.
Filed under Costs, Crime, Policy