Criminal and Civil Legal Aid expenditure and workload

Recent data on legal aid expenditure and workload highlights notable trends in both criminal and civil sectors. This analysis provides an in-depth look at these trends, offering insights into the changes over the past year.

Criminal Legal Aid Trends

Representation orders granted in magistrates' courts have increased by 9% compared to the same period in 2023, indicating a rising demand for legal representation in these courts. The early workload indicators for court volume and eventual fee payments show an increasing trend, particularly in more serious claims. In the magistrates' court, the volume of completed work has risen by 7%, with associated expenditure increasing by 6%.

Similarly, police station claims have surged by 19%, with corresponding expenditure growing by 21%. This rise is partly due to higher fees for police station advice introduced at the end of 2022. The data reflects an increasing workload at the police station level, suggesting a higher demand for legal assistance during initial police interactions.

Crown Court expenditure has seen a 2% increase this quarter compared to the same period last year. This growth is driven by rising receipts in both magistrates' and Crown courts, with criminal legal aid workload rising by 13%. Higher fees paid in the litigator and advocate graduated fee schemes have also contributed to this increase.

Crown Court workload completions are showing a return to more serious criminal cases, with more trials being conducted. This increase in trials is a direct result of enhanced resourcing in the criminal courts, aiming to reduce the outstanding case backlog. The yearly expenditure in the litigator and advocate graduated fee schemes has reached its highest levels since their introduction.

Civil Legal Aid Trends

Civil legal aid expenditure has also increased, with a notable rise in family law cases. Family civil representation expenditure has grown by 4% due to longer court processes. Civil closed case expenditure has increased by 5% this quarter compared to January to March 2023. This increase is primarily driven by the longer time required to progress through the court process.

The number of Mediation Information and Assessment Meetings (MIAMs) has increased by 2% compared to the same quarter in 2023. Mediation outcomes have improved by 5%, suggesting a growing reliance on mediation as an alternative dispute resolution method.

Applications for civil representation supported by evidence of domestic violence or child abuse have increased by 10%, with the volume of granted applications rising by 9%. The proportion of these granted remains high at 85%, reflecting the system's responsiveness to such sensitive cases.

The number of Exceptional Case Funding (ECF) applications received in the last quarter has risen by 13% from the same period last year. This increase is largely driven by a higher number of immigration-related applications, indicating growing legal aid needs within the immigration sector.

Provider Dynamics

The number of providers receiving payment for civil legal aid has increased by 2% over the past year, while those receiving payment for criminal legal aid has decreased by 1%. There has been no change in the number of providers starting civil work, but those starting criminal work have decreased by 7%.

Despite the decline in criminal legal aid providers, the number of civil legal aid providers completing work has risen. This trend highlights a shift in the legal aid landscape, with a growing focus on civil matters.

Overall Expenditure Trends

Overall, expenditure across both criminal and civil legal aid has increased year on year, with notable rises in recent quarters. This growth is driven by higher fees and increased workload across various legal sectors.

Police station claims have continued to rise, with corresponding upticks in representation orders at magistrates' courts. Crown Court completions are increasingly focused on more serious criminal cases, reflecting the impact of additional resources in the criminal courts.

Civil legal aid expenditure has been driven by a rise in family law cases, with more claims being paid outside of the fixed fee scheme. This increase is due to longer court processes. Although non-family workload has not fully recovered, there has been an upward trend in housing work in the last quarter. Civil legal aid workload remains below pre-pandemic levels, despite increases in domestic violence, mental health, and immigration cases.

The latest data on legal aid expenditure and workload highlights significant trends in both criminal and civil sectors. The increase in criminal legal aid workload and expenditure is driven by higher fees and rising demands in police stations, magistrates' courts, and Crown Courts. Meanwhile, civil legal aid expenditure is primarily driven by family law cases and longer court processes. The evolving dynamics of legal aid providers also underlines the shifting landscape in legal aid services. These trends emphasise the need for continued monitoring and support to address the growing demands in both criminal and civil legal aid.

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