At the end of last year, the government announced a £24 million increase in funding for police station and youth court fees, and an additional £92 million annual investment in criminal legal aid budgets.
The announcements, made after the publication of the Criminal Legal Aid Independent Review, are intended to improve access to legal aid lawyers for individuals accused of criminal offences, and alleviate criminal justice backlogs by increasing the number of solicitors working on legal aid cases.
All individuals accused of a criminal offence are entitled to free representation at the public’s expense; this will usually come in the form of a ‘duty solicitor’ (or other legal professional), who will represent the accused during police station interviews. This is similar to accessing a social worker or the NHS, where using these services is free at the point of use.
Legal aid is an important part of a free and fair criminal justice system, but does have significant flaws.
Despite some increases in annual funding, legal aid solicitors will only be paid a fixed amount, meaning that they are not actively incentivised to undertake additional work outside the most basic representation. Duty solicitors will usually be supporting a large number of clients facing a broad range of different and complex criminal cases, as well as private work for privately paying clients. Both of these factors affect their ability to work proactively - whatever their skill or specialism.
Sexual offence allegations are among the most serious criminal cases, requiring a specialised understanding of the law and a proactive approach to advocacy and representation. Thorough pre-charge engagement is therefore a critical step: during this phase, an effective solicitor will seek to identify flaws or discrepancies in the case or other reasons it may not be viable to prosecute, preventing criminal charges. Unfortunately, this work is not available under legal aid.
Even if these firms were able to offer pre-charge services, it would not be in their financial interest to do so. Under the current system, legal aid firms are allowed to make more money the further a case progresses, which may be viewed as an incentive for these lawyers to permit their clients to go to court. Through a fixed-fee system, as operated by PCD Solicitors, there is no incentive: an effective private solicitor will always seek to prevent charges, and stop their client from being prosecuted.
If pre-charge engagement does not succeed, a specialist solicitor should work to collate an effective and studious defence from the outset and before charges are made: working to obtain and understand police evidence; compiling and submitting testimonies and prepared statements; and instructing expert and forensic reports, where appropriate. If charges are made, this gives clients access to a strong and reliable defence in court, which can lead to an acquittal. With limited time and resources, the majority of legal firms are unfortunately unable to offer this level of support.
Legal aid firms also do not handle appeals, where defendants may challenge the outcome of a court judgement, or the nature of their sentence. Appeals may highlight evidential or procedural flaws in the investigative and prosecution process that impeded their right to justice, and demands highly-specialised legal expertise to navigate. In these cases, private representation is the only option - with specialist firms more likely to achieve a favourable result.
Individuals accused of a sexual crime should always consider their options carefully, and balance cost, expertise, and their desired outcome. Seeking representation as soon as possible is vital - and the more specialised that representation is, the better it will be.
The police want to interview me. Can I get legal aid?
Yes, everyone is entitled to legal aid. This usually comes in the form of a duty solicitor (or other legal professional), who will represent you at the police station during your interview. You should remember that duty lawyers will be dealing with a large number of clients accused of a huge range of offences, and may not be specialists in sexual offence law.
Do you do legal aid?
No, PCD Solicitors do not work with legal aid. This is because legal aid funding is capped, meaning that solicitors are paid a fixed amount - whatever level of work they undertake. As a result, our team would be unable to invest the sufficient time needed to effectively manage your case under the legal aid system - when the more work is done, the better outcome we can achieve.
I’ve got a legal aid firm. Is a solicitor working on my case?
There is no guarantee that legal aid firms will assign your case to a solicitor. Although your duty lawyer must be legally qualified, they do not necessarily have to be a solicitor, and issues like handling case files or reviewing evidence may be done by a paralegal, legal executive, or an administrator. At PCD, an experienced solicitor will always manage your case, with our legal team working collaboratively to apply a range of specialisms and ideas to develop the very best defence. Throughout this process, you will be assigned a personal contact to answer your questions, liaise with our team, and provide expert support, guidance and advice.
I’ve got legal aid but want to change. Can I do this?
Yes, you can transition from legal aid to a private solicitor at any time. Our team routinely represents clients who have used legal aid firms, but who have decided they want access to more specialised support and personal advocacy. It is never too late to switch to a private firm; but remember, the earlier you do this, the better.