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I would suggest the MoJ stops asking LAA for data given they are renowned at not maintaining accurate data.
I repeatedly get an email telling me about Unrecouped Payments on Account and yet can see from other data we don’t have any.
The main problems with legal aid are:
1 it is seen as a Commissioning system that requires a complex system of contracting, auditing, peer review, time recording, file maintenance to justify the work done and the fee paid.
2 the political truth upon which all reform is based is that legal aid spend is out of control and legal aid payments benefit lawyers only.
3 the MoJ and the politicians are influenced by poorly researched, biased and inaccurate newspaper stories
The solution:
1 a commission to set and oversee legal aid rates, efficiency and scope (ie no political interference);
2 legal aid applications submitted to the Court;
3 presumption in favour of legal aid to anyone who is under 18; anyone who is vulnerable or impaired mentally or physically; anyone who is homeless; anyone in receipt of Benefits/Universal Credits; in any case where custody is likely; in any case where the complainant is granted special measures; in any case involving violence or a sexual offence.
4 the convicted pay towards/in full costs of prosecution and defence depending on means/capital.
5 the Court may grant legal aid in any case where it considers it is in the interests of justice so to do.
A system of fixed fees for all cases means no auditing or peer review or bidding or any other nonsense.
Magistrates and Judges obliged by Statute to report poor advocacy or poor representation to the SRA. The SRA statutorily obliged to investigate.
Any other suggestions?