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Duty Solicitor Scheme
13 March 2024
Lead MP
Kevin Foster
Torbay
Con
Responding Minister
Mike Freer
Tags
Justice & CourtsLocal Government
Word Count: 4094
Other Contributors: 1
At a Glance
Kevin Foster raised concerns about duty solicitor scheme in Westminster Hall. A government minister responded.
Key Requests to Government:
The Government should implement fee increases as recommended by the independent review of criminal legal aid to prevent the collapse of the duty solicitor scheme. Additionally, they should consider incentives such as a golden hello or funded training packages for new lawyers entering the profession to address the urgent need for more training and ensure capacity over the coming decade.
How the Debate Unfolded
MPs spoke in turn to share their views and ask questions. Here's what each person said:
Lead Contributor
The duty solicitor scheme in England and Wales is in crisis with more than 1,400 duty solicitors leaving the rota since 2017. In Devon and Cornwall alone, numbers have dropped from 109 to 78, and the forecast for 2027 is 64. Nationally, less than 4% of duty solicitors are under 35 years old, with the average age being 49. This shortage affects regions like Cornwall, Lincolnshire, Wiltshire, Worcestershire, Norfolk, Shropshire, and Warwickshire where no one under 35 is practising criminal law.
Jim Shannon
DUP
Strangford
Commends the hon. Member for bringing the debate forward, mentions a Law Society report from 2018 stating a 'chronic' shortage of duty solicitors with nearly half over 50 and due to retire soon, highlights that more than a third of junior solicitors in Northern Ireland are employed in large firms, questions whether more needs to be done to encourage junior solicitors to take up positions in legal aid schemes.
Government Response
Mike Freer
Government Response
It is a pleasure to serve under your chairmanship, Mr Betts. I thank my hon. Friend the Member for Torbay (Kevin Foster) for securing this debate, and for his focus on this important matter. I will begin by commending criminal legal aid solicitors for the invaluable work that they do across the whole criminal justice system. Legal aid is a fundamental pillar of our free and fair justice system. It underpins the rule of law so that ordinary citizens can uphold their rights and liberties. In the criminal justice system it supports those charged with an offence to defend themselves, and assures that the allegations made against them are properly tested. Criminal legal aid solicitors play a vital role in ensuring that the system works. In England and Wales, two duty solicitor schemes operate in parallel: the police station duty solicitor scheme enables a person who is arrested on suspicion of a criminal offence to consult a solicitor free of charge, either in person or over the telephone, while in police custody; the court duty solicitor scheme allows a person who has already been charged with an offence to consult and be represented by a solicitor free of charge at the magistrates court on their first appearance if they do not have, or have simply not contacted, their own solicitor. Since September 2022, criminal legal aid fee schemes were uplifted by 15%, including a 15% increase to the police station scheme and the magistrates court scheme, which includes youth court work. In fact, between October 2022 and April 2023, the number of duty solicitors rose by about 7.5%. An additional £21.1 million per year has been allocated for proposed reforms to the police station fee scheme and the youth court fees, which will increase investment in the solicitor profession by about £85 million every year. The overall spend for criminal legal aid is expected to be up to £1.2 billion per year—the highest level of investment in criminal legal aid in a decade. I share my hon. Friend's concerns about the reduction in the number of duty solicitors, notwithstanding the recent increase. I assure my hon. Friend that although the numbers of solicitors firms offering criminal legal aid and offices delivering the service have declined, police station and court duty solicitor schemes remain fully covered. We are currently working with stakeholders through a sub-group of the Criminal Legal Aid Advisory Board on reform of the LGFS to address the perverse incentives identified by CLAIR. One aim of the reform is to address the perverse incentives of pages of prosecution evidence identified by CLAIR, which we are aiming to consult on later this year. The chair of CLAAB has increased the numbers on the board to include younger practitioners both at the criminal Bar and in the solicitor sector, which will hopefully help to inform decisions so that we can ensure a flow of younger solicitors into the criminal representation side of the justice system.
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About Westminster Hall Debates
Westminster Hall debates are a chance for MPs to raise important issues affecting their constituents and get a response from a government minister. Unlike Prime Minister's Questions, these debates are more in-depth and collaborative. The MP who secured the debate speaks first, other MPs can contribute, and a minister responds with the government's position.