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Chapter 13: Changes to Summary Criminal Legal Assistance
The consultation stated:
It is essential to ensure that summary criminal legal assistance fits with and contributes to the efficient operation of the summary criminal justice system. Seeking to achieve a close and effective fit of both systems is entirely in accordance with our pursuit of the dual purposes for criminal legal assistance: the protection of the interests of justice and the promotion of systemic efficiency in the criminal justice system.
SLAB has developed proposals for the reform of summary criminal legal assistance, on which it has now consulted. The main thrust of these proposals is that the various existing schemes for assistance in summary cases (A&A, ABWOR and summary criminal legal aid) should be streamlined to create a unified structure. The intention of the SLAB's proposed new structure is to rationalise and bring greater consistency to financial eligibility across all the types of summary criminal legal assistance and to encourage the early resolution of summary cases where appropriate, and supporting early investigation by removing the requirement to make an application for summary criminal legal aid within 14 days of tendering a not guilty plea so that defence agents are not encouraged to apply prematurely for summary criminal legal aid.
13.1 The consultation asked:
Q39: Should a single integrated system be developed for publicly funded legal assistance in summary criminal cases?
Seventeen respondents (26%) addressed this question with 15 providing a firm view and the remaining 2 respondents submitting relevant commentary only. Table 37 below summarises the firm views expressed.
Table 37: Summary of views on whether a single integrated system should be developed for publicly funded legal assistance in summary criminal cases
| No. | % |
|---|
Yes | 12 | 80 |
|---|
No | 3 | 20 |
|---|
Total | 15 | 100 |
|---|
NB. Percentages may not total 100% exactly due to rounding
The vast majority (80%) of those who provided a view was in favour of the development of a single integrated system for publicly funded legal assistance in summary criminal cases.
Integration was seen as providing greater value to the taxpayer ( LA) and facilitating a more streamlined and efficient model of working ( LA). The specific proposals outlined in the consultation document, were viewed by one consultee as the only way to encourage early and effective preparation and advice as to the plea while ensuring fair reward for the work done by the solicitor (Leg).
However, a few respondents felt that they could not consider the proposal fully without further figures and specific details on the proposal (Leg).
Contrasting views were that integration would be bureaucratic, and introduce uncertainty and delays in court cases (Leg). One comment was that the current system contained a correlation between severity of potential disposal and cost which would be lost under a unified structure (Leg). A further view was that the proposal was simply, " financial control and reduction (which) will lead to miscarriages of justice" Leg).
13.2 The consultation stated:
The Executive recognises that the proposals developed by SLAB aim to establish a structure that pursues similar objectives to the reform of summary criminal justice, and we fully support this approach. Further proposed changes will however be dependent on the changes to be made to the summary criminal justice system in the light of the proposals set out in the recent White Paper 'Smarter Justice, Safer Communities'. We are considering carefully how these might best be mirrored by changes to the system of summary criminal legal aid, and will bring forward specific proposals shortly. At this stage we are interested in your views, in principle, on the desirability and feasibility of an integrated system for the delivery of summary criminal legal assistance.
The consultation asked:
Q40: How should such a system take account of the proposals for summary criminal reform set out in the white paper, "smarter justice, safer communities"?
Only 6 respondents (9%) addressed this question, although several others commented that they would need to know the specific details of the reform proposals before passing judgement.
Two consultees highlighted how in their view the 2 sets of reforms should be taken forward in tandem rather than in isolation (Leg). One comment was that there was:
" little point in making sweeping changes to legal aid if these are not supported by wider changes to the whole criminal justice system" (Leg).
A related view was that in relation to PFLA for summary criminal cases, reform should take place only when the exact nature of the Executive's proposals for the reform of the wider summary criminal justice system are clear in their detail (Leg).
It was argued that the different initiatives should share common goals such as fair reward for work done; promoting quality assurance across the range of legal aid (Vol); and dealing with summary criminal matters speedily (Leg).
It was recommended that by early engagement between the profession and stakeholder agencies (Leg) and partners at local and national level ( LA), account could be taken of the proposals for summary reform set out in the White Paper.
13.3 Summary Points
- The vast majority (80%) of those who provided a view was in favour of the development of a single integrated system for publicly funded legal assistance in summary criminal cases.
- Integration was seen as providing greater value to the taxpayer and facilitating a more streamlined and efficient model of working.
- Very few (6) respondents addressed the question of how a PFLA system in relation to criminal matters could take account of the proposals for summary criminal reform set out in the White Paper, "Smarter Justice, Safer Communities".
- Recommendations included moving the 2 sets of reforms forward in tandem, sharing common goals and early engagement between the profession and stakeholder agencies.
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