Law Society calls on Lord Chancellor to invest in justice system for long-term savings

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The Law Society has called for further investment into the justice system – especially civil and criminal legal aid, which wasn’t mentioned in the recent autumn budget. The Law Society President Richard Atkinson said: “The message that the Lord Chancellor should be hearing is spend to save.”

Check out this commercial news round-up for more about the autumn budget.

Prior to the budget, Atkinson had expressed concerns that continued underfunding could encourage criminal behaviour and lead to victims losing faith in the system. He said: “I don’t want to be overdramatic, but when people lose faith in the criminal justice system the risk is that they seek to find justice in alternative ways – more direct ways.” Therefore, ahead of the budget, the Law Society called for the government to:

• increase the Ministry of Justice’s funding to address the court backlogs and the legal aid crisis;
• task Skills England with mapping skills gaps in legal services so that firms can bridge the gap;
• maintain the current incentives for firms to take on legal apprentices, so smaller firms can offer roles to those beginning their legal careers; and
• expand the Cyber Essentials Programme so more small and medium firms can access the support it provides.

The budget, which was released on 30 October, announced more funding for prisons, the Crown Prosecution Service and probation. However, Atkinson has stressed the need for further investment to fund legal aid as court backlogs grow. In a statement, Atkinson emphasised the length of the backlogs, noting that some criminal cases that are ready for trial have been listed for the second half of 2027. In addition, cases involving children are taking more than a year to conclude, despite a target to resolve them in six months.

He also highlighted that work needs to be done to the physical infrastructure of the courts as emergency closures are exacerbating backlogs. Baroness Carr, the Lady Chief Justice of England and Wales, previously spoke at the annual Judge's Dinner and urged the government to invest in court infrastructure. She stated that buildings must be “fit places for the judiciary and HMCTS staff to work in” and emphasised that: “We need digitisation, we need to harness the power of AI in appropriate ways, we need modern flexible courtrooms and IT systems, and experienced staff, in order to maintain [the judicial system’s] standing.”

Therefore, Atkinson said: “Increased funding for all these elements is a must if the system is to avoid collapse and access to justice for ordinary people is to be protected. Our research has shown that a well-funded justice system will save public money down the line.”

Read this Wrestle with PESTLE analysis by LCN blogger, John McKenzie, to discover more about legal aid and access to justice.