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The Ministry of Justice has announced a review into the delivery of legal aid.

The review is to ensure that the £2.1 billion currently spent on legal aid every year is delivering best value for money, providing a healthy and sustainable future for social welfare law and effectively integrating the criminal defence service with the criminal justice system.

To conduct the review, the government has invited Sir Ian Magee to assess the delivery and governance arrangements of the legal aid system and make recommendations to:

• explore the separation of the Criminal Defence Service (CDS) and Community Legal Service (CLS) and options for doing so effectively and efficiently should that be the recommended way forward
• provide for effective and transparent financial management of both funds and their administration
• provide for effective ministerial accountability and policy direction in respect of both the CDS and CLS, whilst continuing to ensure that every application to the CLS and CDS funds are decided fairly, within the criteria, at arm’s length from government
• identify appropriate delivery models for both the CDS and CLS and their relationship with the ministry.

Legal Aid Minister Willy Bach said:

‘It is ten years since the Legal Services Commission was established and in that time there has been considerable changes in the type of legal advice and services that the public needs. We have put a much stronger focus on ensuring that the people who need help most – the vulnerable in our society – have access to justice, particularly in the area of social welfare law.

‘I believe now is the right time to review the channels through which legal aid is delivered to ensure that we are getting the best value for taxpayers’ money. It’s also a good time re-examine the best ways to deliver this vital service to ensure a healthy future for legal aid. 

‘The UK has one of the most generous legal aid schemes in the world and the government is committed to ensuring legal aid is prioritised effectively so that more people are able to access it to resolve their legal problems. In the current climate, it is even more important that this public money is managed efficiently and effectively.’

Legal Aid costs per head of population in England and Wales run at £38 per head compared with £30 in Scotland, £36 in Northern Ireland and the following in comparable common law countries: £8 in the Republic of Ireland, £5 in Canada, £8 in New Zealand and £9 in Australia.

Expenditure on the Criminal Defence Service has risen from £873 million to £1.2 billion and the Community Legal Service from £719 million to £914 million over the past nine years.

The review will consider whether the separation of the Criminal Defence Service and Community Legal Service legal aid budgets will provide clearer responsibilities and accountabilities. It will also look at how to ensure that resources are focused on priorities and the CDS plays its role in delivering an efficient and effective criminal justice system.

Sir Ian Magee said:

‘I am pleased that I have been asked to review the delivery of this key public service and to make recommendations on its structure and governance. Naturally, I will be consulting a range of interested parties, including the judiciary, the legal profession and the relevant public bodies who play a part in the delivery of legal aid. If, however, anyone would like to submit their observations to me directly, they should write to me at the Ministry of Justice.’

Sir Ian Magee will report back to government in January.

In addition to this review, the Ministry of Justice and the Legal Services Commission are reviewing the current finance and governance frameworks to ensure that where there are any potential opportunities for immediate improvement, these are taken forward without delay.

Individuals and organisations interested in providing input into the Magee Review can do so via email

Notes to editors

1. Media Enquiries: contact Ministry of Justice press office on 020 3334 3536.

2. Sir Ian Magee CB: Until 2005, Ian Magee was Second Permanent Secretary at the Department for Constitutional Affairs and Head of Profession for Operational Delivery for the whole Civil Service. He has been a CEO of three different Executive Agencies. Ian was a member of the Capability Review team for the Cabinet Office.

Ian is a Senior Fellow of the Institute for Government, a senior adviser to Booz and Company, and a non-executive Director of the Live Group plc.

Ian conducted a review of criminality information for the Home Secretary, published in July 2008. He has a special interest in public sector leadership, is a Companion of the Chartered Management Institute, and a Fellow of the Sunningdale Institute.

3. Costs per head for ‘legal aid’ are shown as much lower in most mainland European systems but their costs are not comparable with common law countries because the systems are so different and many costs attributed to legal aid in common law jurisdictions are subsumed within the total costs of judicial systems, in which the UK’s are comparable – see European Commission for the Efficiency of Justice: European Judicial Systems.