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The real costs of the legal aid system The real costs of the legal aid system
(3 months later)
Lord McNally (Society, 3 July) peddles the oft-repeated line that we have "one of the most expensive legal aid systems in the world" when comparing us to Germany and the US. However, in simply looking at legal aid expenditure in isolation, both ignore the important structural differences between international justice systems that help explain the legal aid spend. As the National Audit Office pointed out in 2012, the average total annual budget allocated to all courts, the prosecution and to legal aid across Europe was 0.33%, exactly the same expenditure as in England and Wales when expressed as a percentage. Some other jurisdictions do have a lower percentage spend, but they are inquisitorial systems (such as Germany), with fewer allegations brought to court and fewer crimes on the statute book.Lord McNally (Society, 3 July) peddles the oft-repeated line that we have "one of the most expensive legal aid systems in the world" when comparing us to Germany and the US. However, in simply looking at legal aid expenditure in isolation, both ignore the important structural differences between international justice systems that help explain the legal aid spend. As the National Audit Office pointed out in 2012, the average total annual budget allocated to all courts, the prosecution and to legal aid across Europe was 0.33%, exactly the same expenditure as in England and Wales when expressed as a percentage. Some other jurisdictions do have a lower percentage spend, but they are inquisitorial systems (such as Germany), with fewer allegations brought to court and fewer crimes on the statute book.
So although legal aid may be comparatively high (with the caveat that international comparisons are limited), spending on the justice system as a whole is comparatively low. This is not simple semantics as cuts in legal aid will lead to a contraction of justice. Put another way, with overall justice spending comparatively low, the system may not be robust enough to provide justice for those frozen out by the proposed legal aid cuts.
Matthew Evans
Prisoners' Advice Service		So although legal aid may be comparatively high (with the caveat that international comparisons are limited), spending on the justice system as a whole is comparatively low. This is not simple semantics as cuts in legal aid will lead to a contraction of justice. Put another way, with overall justice spending comparatively low, the system may not be robust enough to provide justice for those frozen out by the proposed legal aid cuts.
Matthew Evans
Prisoners' Advice Service
• If we do have one of the most expensive legal aid systems in the world, this could be due, as McNally suggests, to the high costs of legal representation, choice and the range of eligible cases – all of which he and his colleagues are trying to reduce. The alternative explanation is that we have a higher number of cases that merit legal support due to inefficiencies in social care, incompetence and inefficiency in the criminal justice system, inept legislation etc. Better resourcing of other services, more carefully framed legislation and higher levels of efficiency elsewhere might reduce demand for legal aid services and thus the cost of provision without the vicious attack on this element of our welfare state.
Dick Willis
Bristol		• If we do have one of the most expensive legal aid systems in the world, this could be due, as McNally suggests, to the high costs of legal representation, choice and the range of eligible cases – all of which he and his colleagues are trying to reduce. The alternative explanation is that we have a higher number of cases that merit legal support due to inefficiencies in social care, incompetence and inefficiency in the criminal justice system, inept legislation etc. Better resourcing of other services, more carefully framed legislation and higher levels of efficiency elsewhere might reduce demand for legal aid services and thus the cost of provision without the vicious attack on this element of our welfare state.
Dick Willis
Bristol
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