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The comparison between legal aid rates (where a standard fee is claimable) and Section 38 rates if completely irrelevant and disingenuous. In fact I am surprised that the annoucement was not preceeded by some propaganda about how a QC once earned a million pounds doing S38 appointments.

The reality is that a one witness S38 appointment provides for about an hour's preparation, 30 mins con and if the trial is effective (unlikely as it sounds) half an hour's cross examination. So shoud be worth about eighty quid.

Far less money than a legal aid rep order case and very cheap justice for the MOJ who get a "fair trial" for the accused. However no lawyer who has half a brain cell will bother. May as well do a couple of police stations instead.

The unintended (or probably just ignored) consequence will be ineffective trials and frustrated witnesses as the Clerk begs a local hack to do the trial for a score, a cup of tea and a bus fare home (that's if you can get the travel paid).

Any Defendant who fails to get legal aid in the magistrates court would be well advised to elect Crown Court trial as the ability of the S38 advocates will nose dive as no one of any quality will touch the appointments. If you pay rubbish money you get rubbish service, its a reality of business life but has been mis-labelled as value for money by the LAA for years.

To take on these cases at these rates would be a certain route to bankruptcy. Fortunately we are not compelled by Contract to take them.

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