Post on 25-Feb-2016
description
Transforming Legal Aid
Consultation EventsMay 2013
Legal Aid Policy TeamMinistry of Justice
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Agenda and objectives
Objectives• Opportunity to seek clarification on proposals• Provide initial views/comments on the proposals• Help prepare you to submit a response to
consultation
Agenda• Case for reform • Part 1: Eligibility and civil fees• Question and answer session• Part 2: Crime competition and crime fees
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Case for reform• Continuing challenging financial environment
• Need to examine why, what and how we pay
• Legal Aid Reforms and LASPO• Impact on both civil and criminal legal aid• But mainly focused on civil legal aid
• Need to do more:• improving public confidence• maximising return from limited resource• delivering best value for taxpayer
• Focus now necessarily mainly on criminal legal aid
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Eligibility, scope and meritsFive Proposals:• Restrict scope of legal aid for prison law
• Restrict scope to cases that meet one of three criteria:• Involves the determination of a criminal charge• Engages the right to review of ongoing detention• Requires legal representation under Tarrant criteria
• Use of prisoner complaints system discipline procedures, probation complaints system
• Financial eligibility threshold in the Crown Court• Disposable household income - £37,500 or more• Hardship review• Payment on acquittal from central funds at legal aid
rates
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Eligibility, scope and merits – cont’d• Introduce a residence test
• Two limb test:• Lawfully resident in the UK, Crown Dependencies or British
Overseas Territories at time of application; and• Resident lawfully for 12 month period
• Exceptions
• Paying for permission work in judicial review cases• Providers only paid for permission application work if
permission granted by the Court• Similar system to immigration and asylum UT appeals
• Civil merits test• No longer fund cases in the borderline prospects of
success category
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Civil and expert legal aid fee reform
Proposals• Reduce fixed representation fees to solicitors in
public law family cases
• Harmonise advocacy fees in most civil (non-family) cases
• Remove uplift in rates paid in immigration and asylum Upper Tribunal cases
• Reduce fees for all experts by 20%
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Questions
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Crime competitionIntroduction• Current market too fragile to sustain further fee cuts• Believe competitive tendering is likely to be best way to
ensure long-term sustainability & value for money• Written Ministerial Statement – Dec 2011• Written Ministerial Statement – Mar 2013• Consultation on the proposed model, not on the principle
Key features of proposed model• Economies of scale• Economies of scope• Simplification and greater flexibility• Savings objective
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Crime competition – cont’dKey elements of proposed model• Scope of new contract:
– All criminal legal aid classes of work except: Crown Court advocacy Very High Cost (Crime) Cases Criminal Defence Direct services Defence Solicitor Call Centre
• Contract length– 3 year contract term plus up to 2 year extension
• Geographical areas– Procurement areas based on 42 CJS areas– Join areas with low volumes with larger areas– Divide London into 3 areas aligned with CPS
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Crime competition – cont’dKey elements of proposed model – cont’d• Number of contracts
– Variable by procurement area– Four key considerations:
Conflict – minimum of 4 contracts per area Sufficient volume Market agility – scaling up / scaling down Sustainable procurement
– Total contracts: around 400
• Types of provider– Partnerships, LDPs, joint ventures, ABSs
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Crime competition – cont’dKey elements of proposed model – cont’d• Contract value
– Equal share of police station cases– All follow-on work
• Client choice– Generally no choice in provider allocated– Continuity of representation– Exceptional circumstances
• Case allocation– Case by case (e.g. each case, by surname, by day of
month of birth)– Duty slots
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Crime competition – cont’dKey elements of proposed model – cont’d• Remuneration
– Price competed: Police station attendance – block payment Magistrates’ court representation – fixed fee Crown Court
– Cases with less than 500 PPE – fixed fee– Cases with more than 500 PPE – grad fee
– Admin set rates: all other classes of work
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Crime competition – cont’dKey elements of proposed model – cont’d• Procurement process
– Two stage process: Pre-Qualification Questionnaire Invitation to tender
– Delivery plan based on quality and capacity– Price
• Implementation– Process to start in all procurement areas – autumn 2013– Contracts awarded – summer 2014– Service commencement – autumn 2014
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Criminal legal aid fee reform
Three proposals• Restructure the AGFS
• Harmonise basic fees for EGP, cracked & contested trials• Reduce daily attendance fee• Apply a taper for trials for day 3 onwards
• Reduce all VHCC rates by 30%• New cases from implementation date• Work done on current cases on and after implementation
date
• Reduce the use of multiple advocates• Tighten criteria • Ensure criteria are applied consistently and robustly
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Questions
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Responding to the consultation
Consultation closes: 4 June 2013
Ways to respond: Online at: https://consult.justice.gov.uk/
In writing to: Annette CowellMinistry of Justice102 Petty FranceLondon SW1H 9AJ
By email: legalaidreformmoj@justice.gsi.gov.uk
Enquiries: As above or by phone: 0203 334 3555
Response paper: Due to be published in autumn 2013 at MoJ website