Press Releases
Prison Law reform
15 July 2009
The Legal Services Commission (LSC) announced today changes to the legal aid scheme for advice to prisoners. The scheme provides advice on issues affecting prisoners’ progress through the prison system, such as sentence and parole, and other matters such as treatment and discipline.
These changes are expected to cap the cost of prison law cases at £22 million per annum. Left unchecked, the LSC estimates that the cost could rise to £44 million by 2011/12.
Carolyn Regan, Chief Executive of the Legal Services Commission, said: “The changes we have announced today, will make sure that legal aid for prisoners is targeted in an appropriate and sustainable way. They will ensure that experienced service providers will deliver quality advice and representation for clients and at the same time provide value for taxpayers.”
Following our consultation and engagement with the Law Society and the Association of Prison Lawyers, the LSC will be making the following changes to the Prison Law scheme, which will be introduced in the new Criminal Defence Service Contract in July 2010:
- Introduction of a new fee scheme of fixed and standard fees. However, the LSC recognises that exceptional cases do occur, therefore provision has been made, when cases reach a predetermined threshold, for payment to revert to hourly rates.
- Revision of the criteria that determine the cases we fund (the sufficient benefit test) for Prison Law. This will be coupled with more clarity in the new Criminal Defence Service Contract 2010 about the type of cases that we expect to fund.
- To ensure quality, the introduction of a supervisor standard for Prison Law, based on a portfolio of cases and 350 hours of Prison Law work per year.
The impact of the new scheme will be evaluated by summer 2011 and the LSC will then determine if further reforms are needed, such as setting limits on the amount of cases that could be started each year.
Media information
Daniel Kellingley Tel: 020 7783 7220
Notes to editors
The full prison law consultation can be found on our website at www.legalservices.gov.uk
The new fees across England and Wales will be:
Free standing advice and assistance
| Including VAT | Excluding VAT | |
|---|---|---|
| Fee | £253 | £220.00 |
| Exceptional case threshold | £759 | £660.00 |
Advocacy assistance at prison disciplinary hearings
| Including VAT | Excluding VAT | |
|---|---|---|
| Lower fee | £257 | £223.48 |
| Lower fee limit | £450 | £391.30 |
| Higher fee | £711 | £618.26 |
| Exceptional case threshold | £2,132 | £1,853.91 |
Advocacy assistance at parole board hearings
| Including VAT | Excluding VAT | |
|---|---|---|
| Lower fee | £551 | £479.13 |
| Lower fee limit | £1,177 | £1,023.48 |
| Higher fee | £1,833 | £1,593.91 |
| Exceptional case threshold | £5,498 | £4,780.87 |
The sixtieth anniversary of the introduction of Legal Aid takes place on 30 July 2009. See http://www.legalaid60.org.uk/ for more details.
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Last updated: 15/07/2009