Britain: call to end 'perverse incentives' for solicitors
A report on Britain’s criminal-justice system has said current legal-aid fee structures have a detrimental impact on growing court backlogs.
Sir Brian Leveson says in his report that that the system’s "perverse incentives" are encouraging solicitors to delay guilty pleas to secure higher fees, thereby prolonging cases and adding to court delays.
Leveson identified a fee disparity where solicitors earn more if cases are taken to trial rather than resolved early.
This, he says, discourages timely guilty pleas, leading to increased court congestion and reduced public confidence in the justice system.
He also criticised the use of prosecution evidence to determine fees, calling for a shift toward incentivising early resolutions.
Out-of-court resolutions
Among Leveson's recommendations are greater use of out-of-court resolutions, a new division of the Crown Court, and allowing defendants the option of being tried by a judge alone.
He also advocates for more serious and complex cases to be handled without a jury.
In response, Lord Chancellor Shabana Mahmood said that additional funding had been allocated to courts and reforms were planned for this autumn to reduce the backlog and speed up justice for victims.