Department for Constitutional Affairs - Speeches

Home > Publications > Speeches > Parliamentary statements > A fairer deal for legal aid

A fairer deal for legal aid

Written ministerial statement

by Constitutional Affairs Secretary and Lord Chancellor, Lord Falconer

5 July 2005

I have today published a paper outlining Government proposals to reform the provision of legal aid in England & Wales.

Legal aid is one of the cornerstones of a fair and decent society. It provides the means to guarantee that all citizens can enforce their rights and are held accountable for fulfilling their responsibilities; it ensures that people accused of a crime get a proper defence; and safeguards vulnerable and disadvantaged people so they are not denied access to justice because of their inability to pay for it.

The paper, 'A Fairer Deal For Legal Aid', analyses the development of legal aid services, including the substantial increase in spending on legal aid in criminal cases at the expense of civil law cases. The paper sets out the Government's vision for legal aid, based on a system that:

Provides advice and representation to defendants, in a way that is proportionate to the issues at stake;
Supports the objectives of the criminal justice system, by helping to ensure timely and effective procedures and trials
Provides a more effective service for people involved in civil disputes

The Government will take steps to address the disproportionate amount of money spent on defending high-cost criminal cases and redistribute funding so that all criminal cases are dealt with swiftly and fairly and ensure greater flexibility to provide more civil help and advice to those who need it. This will include:

Tougher judicial management of larger, complex cases;
A new review board, with members from across the criminal justice system, to examine previous cases and identify improvements for the future;
Better management of large volumes of evidence - including better use of technology;
A comprehensive review of how fraud cases are brought to justice;
Closer co-operation between the defence and prosecution in the police station;
Letting defendants know their sentence discount, should the plead guilty;
An independent review by Lord Carter of Coles, which will produce a plan by early 2006 identifying how to improve procurement of publicly funded legal services

Copies of the paper have been placed in the Libraries of both Houses. It is also available on the Department for Constitutional Affairs' website.