Birmingham Law Society has submitted a formal response to the Ministry of Justice’s consultation on criminal legal aid solicitor fee reform (CP 1316), warning that proposed increases — while welcome in principle — do not go far enough to sustain a profession at breaking point.
The consultation follows December 2024’s announcement of up to £92 million in new funding, with proposed uplifts across police station, magistrates’, Crown Court, and prison law work. However, the Society’s Criminal Law Committee has urged the government to take a more ambitious approach to protect access to justice.
“This consultation must be seen as the starting point — not the conclusion — of reform,” the Society states in its response. “For over two decades, criminal legal aid has been marked by chronic underfunding. Without bold structural change and ongoing investment, the sector will continue to decline, with real consequences for the public.”
Among the key concerns raised by the Committee are:
- The inadequacy of the proposed £320 police station attendance fee to cover overnight and weekend rotas.
- The erosion of protections established by the Police and Criminal Evidence Act 1984, which introduced the duty solicitor scheme to prevent miscarriages of justice.
- Ongoing difficulties recruiting and retaining criminal defence solicitors, particularly younger lawyers and those from minoritised backgrounds.
- The need for further reform to Crown Court fees (LGFS), especially for appeals, committals for sentence, and complex case preparation.
The response also includes a strong call for an equality impact audit of the criminal legal aid fee structure, citing evidence that women and black and minority ethnic practitioners are disproportionately represented in the lowest-paid areas of practice.
Chair of the Criminal Law Committee, Matt O’Brien, commented:
“While we welcome any additional funding, these proposals still fall short of what is required to make criminal defence work viable — especially in the police station and magistrates’ court. Without urgent reform, we risk a hollowed-out system in which vulnerable individuals are denied proper representation at the earliest and most critical stages of the process.”
Birmingham Law Society represents over 9,000 legal professionals across the West Midlands and remains one of the strongest and most active local law societies in England and Wales. The Society continues to play a leading role in law reform discussions affecting both the profession and the wider public.
For our response, please see here.