The procurement of legal aid in England and Wales by the Legal Services Commission


Book Description

The Legal Services Commission spends GBP 2.1 billion a year on buying civil and criminal legal aid, mainly from solicitors and barristers, and a further GBP 125 million on administration. This title reports confusion and uncertainty about the respective roles of the Commission and the Ministry of Justice.




The procurement of criminal legal aid in England and Wales by the Legal Services Commission


Book Description

There are risks to value for money from the way the Legal Services Commission (the LSC) administers and procures legal aid for criminal cases. In 2008-09, the Commission spent more than £1.1 billion on criminal legal aid - legal assistance for people suspected of or charged with a criminal offence. The LSC should do more to understand the market for criminal legal aid to make the most of its ability to control price and quality. In particular, while the Commission holds good information locally about its suppliers it does not bring this information together centrally. The LSC is undergoing a major transformation to reduce administrative costs and to improve effectiveness. The LSC has implemented some significant market reforms in the last few years, but it has not always piloted reforms or evaluated their impact, nor has it confirmed the financial savings generated. The NAO also found that the Commission is not always making accurate payments to solicitors for criminal legal aid, overpaying by £25 million in 2008-09. An NAO survey of solicitors has also revealed tensions in the relationship between the profession and the LSC.




Evaluation of the Public Defender Service in England and Wales


Book Description

This report presents the findings of the independent evaluation of the Public Defender Service based on an evaluation of its work over the first three years of its existence, between 2001 and 2004. Chapter 1 sets out the policy background to the establishment of the PDS. Chapter 2 presents findings relating to the background of the clients and complexity of the cases. Chapter 3 compares the way the PDS and private criminal defence firms process cases. Chapter 4 contains findings on the quality of work; Chapter 5 analysis the time spent on cases. Chapter 6 reports on a survey on the effectiveness, quality, and independence of the PDS. Chapter 7 reports on a survey of experiences of working with the PDS.




Legal aid reform in England and Wales


Book Description

This is the Government response to Cm. 7967 'Proposals for reform of legal aid in England and Wales (ISBN 9780101796729) and sets out the plans to deliver the goals stated in that paper. The legal aid programme put forward includes: reform of the classes of cases and proceedings retained within the scope of legal aid; exceptional funding; amendment of merits test criteria for civil legal aid; establishment of the Community Legal Advice Telephone helpline; financial eligibility reforms; criminal remuneration; civil and family remuneration; expert fees and alternative sources of funding




English Legal System


Book Description




Draft Legal Services Bill, Explanatory Notes and Regulatory Impact Assessment


Book Description

This Command Paper brings together the Draft Legal Services Bill, explanatory notes and Regulatory Impact Assessment. The Bill sets out its' objective to establish the Legal Services Board and its various functions. The Bill itself contains 159 clauses and 15 schedules. The parts of the Bill can be set out as follows: Part 1: The Regulatory Objectives, sets out 7 regulatory objectives of the regulators, which guides the Legal Services Board; Part 2: The Legal Services Board, sets out the structure and functions of the Board; Part 3: Reserved Legal Activities, lists and defines the reserved legal activities, and explains who is entitled to carry out these activities, and the penalties for those not entitled; Part 4: Regulation of Approved Regulators, sets out the general duties of approved regulators, and the powers that the Board has to ensure that these are being carried out; Part 5: Alternative Business Structures, makes provision for new business structures in legal services; Part 6: Legal Complaints, establishes an independent complaints handling body called the Office for Legal Complaints (OLC); Part 7: Financial Provisions, sets out arrangements for the funding of both the Board and the Office for Legal Complaints; Part 7: Miscellaneous and General Provisions makes provision for any guidance to be produced by the Board, and allows the Board to enter into voluntary arrangements. The Regulatory Impact Assessment (RIA) sets out the rationale for reform of the regulation of legal services.




Access to Justice and Legal Aid


Book Description

This book considers how access to justice is affected by restrictions to legal aid budgets and increasingly prescriptive service guidelines. As common law jurisdictions, England and Wales and Australia, share similar ideals, policies and practices, but they differ in aspects of their legal and political culture, in the nature of the communities they serve and in their approaches to providing access to justice. These jurisdictions thus provide us with different perspectives on what constitutes justice and how we might seek to overcome the burgeoning crisis in unmet legal need. The book fills an important gap in existing scholarship as the first to bring together new empirical and theoretical knowledge examining different responses to legal aid crises both in the domestic and comparative contexts, across criminal, civil and family law. It achieves this by examining the broader social, political, legal, health and welfare impacts of legal aid cuts and prescriptive service guidelines. Across both jurisdictions, this work suggests that it is the most vulnerable groups who lose out in the way the law now operates in the twenty-first century. This book is essential reading for academics, students, practitioners and policymakers interested in criminal and civil justice, access to justice, the provision of legal assistance and legal aid.




English Legal System Directions


Book Description

English Legal System Directions is written in an engaging and accessible style, with an emphasis on explaining the key principles of the English legal system with clarity. Using clear language and contemporary examples, the book includes helpful learning features to guide students through the material in a lively, interesting and informative way.




Implementation of the Carter Review of Legal Aid


Book Description

This report examines the Government's proposals for radical reform of the Legal Aid system, as set out in the Government's White Paper (Cm. 6993, ISBN 9780101699327) published in November 2006. These proposals follow on from three other documents: i) the Government's long-term strategy for legal aid 'A fairer deal for legal aid' published in July 2005 (Cm 6591, ISBN 9780101659123); ii) the recommendations of the independent review of legal aid procurement undertaken by Lord Carter of Coles (details are available at www.legalaidprocurementreview.gov.uk/publications.htm) published in July 2006; and iii) a consultation paper jointly issued by the Department for Constitutional Affairs and the Legal Services Commission (details available at www.dca.gov.uk/consult/legal-aidsf/sustainable-future.htm) published in July 2006. The Government plans to change the basis on which Legal Aid is to be procured by introducing a transitional system of fixed and graduated fees for cases (rather than payment on an hourly basis as is the practice now in many areas of legal aid work) as a way of preparing for full competitive tendering for Legal Aid contracts by solicitors. Overall, the Committee finds that while it supports the fundamental aims of the reforms and recognises that there is an urgent necessity to limit Legal Aid expenditure, the Government has introduced these plans too quickly, in too rigid a way and with insufficient evidence.




Parliamentary Debates (Hansard).


Book Description