All’s fair when crime pays

A report published this week by the Ministry of Justice has suggested that legal fees for criminal aid work have fallen drastically in recent years.

The Chairman of the Bar, Alistair MacDonald QC, responded to the report and criticised the way in which the fees are managed under the Advocates’ Graduated Fee Scheme, and stated his dismay at the financial situation in which criminal lawyers find themselves.

“The average wage for a barrister working full-time on Crown Court legal aid cases, after expenses and chambers fees, is the equivalent of a £28,000 salary. This is little more than the national average wage, and is way below that of professions which require similar levels of qualification and expertise, such as doctors. The criminal Bar also demands frequent evening and weekend work.”

A further criticism that the report levels at the criminal law profession is the lack of scope for career progression. MacDonald went on to suggest that if this does not change, there will be a lack of experienced lawyers pursuing the field and cases will collapse.

The Bar Council has recently proposed that barrister’s earnings should be directly correlated with their on-the-job experience, and the report seems to justify these proposals with a clear message.

Sam Mercer, Head of Equality and Diversity at the Bar Council said: “The concern is that diversity of the junior criminal Bar will suffer. A low, flat, pay structure exacerbates the difficulties faced by those from modest financial backgrounds struggling with student debt. Our adversarial system of justice demands that individuals of exceptional ability should work in this challenging area of law.”

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