A deserted landscape: access to criminal legal aid in Wales (Part 1)

Access to criminal legal aid is a vital safeguard in a democratic society. It ensures that anyone accused of a crime can get legal assistance, have representation and a fair trial - regardless of their financial situation. However, this principle is increasingly under strain. When access is limited, those accused of crimes may enter police interviews or court hearings without understanding their rights. Those on low or moderate incomes who fall just above the means tested threshold are often forced to represent themselves. A recent report by a House of Lords Select Committee concluded that, under the current legal aid system, “there are people who are both unable to access legal aid and unable to afford to pay for legal services privately”.

Can shrinking supply meet the rising demand?

Criminal legal aid provides free legal advice and representation for people accused of crimes at a police station, representation in the magistrates and crown courts, support in prison and help with appeals. Eligibility and the level of support is set out by the UK legal aid framework and administered by the Legal Aid Agency (LAA).

The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO) made reforms to the criminal justice system, including reducing funding for legal aid. Changes to fee arrangements under the LASPO, low pay and court backlogs are just a few of the issues that have placed pressure on criminal legal aid firms, forcing many of those to close their doors.

At a time of rising demand for criminal legal aid solicitors, the number practicing in Wales has fallen from 113 in 2014-15 to 63 in 2023-24. This decline has been particularly pronounced in rural areas and parts of north Wales, where there is often very little or no access to legal representation funded by legal aid. This lack of local criminal legal aid providers, can often place pressures on solicitors who serve a large area and face long journeys to attend court.

Is anyone on duty?

Duty solicitors undertake a crucial function within the criminal justice system. Anyone arrested or interviewed by the police has the right to a duty solicitor. This service is not means tested but once a person is charged and their case goes to court both the means (income and savings) and the merits (serious office of the charge) are assessed to determine eligibility for funded representation.

However, as set out by the Law Society in ‘Reimagining Justice in Wales 2030’ the numbers of duty solicitors and criminal legal aid firms in Wales has dropped steadily since LASPO.  

According to data collected by the Law Society there are 6 duty solicitor schemes across Wales which have critical shortages (with under seven members), making 24/7 coverage near impossible. For many suspects this can mean waiting hours for representation or receiving advice only by telephone.

Numbers of duty solicitors operating across Welsh police forces are projected to decline further with the Law Society predicting a “widescale collapse of duty solicitor schemes”.

Source: Law Society analysis of Legal Aid Agency statistics  

Is a Wales-specific response needed?

Legal aid is not devolved, therefore the main levers for reform lie with the UK Government. The Independent Review of Criminal Legal Aid (CLAIR) in 2021 concluded that “Absent a substantial increase in funding, there is a high risk that the system will simply be unable to cope with the challenges ahead”.

Recent UK Government measures have aimed to strengthen the criminal legal aid system:

• In late 2024, the new UK Government announced an additional £18.5m for duty solicitors in police stations, and that fees for criminal legal aid will increase by 12%., totalling 24% since CLAIR.
• In April 2025, it confirmed up to £92m more a year for criminal legal aid solicitors, and a consultation setting out proposals for solicitor fee scheme reform was launched.

The Law Society welcomed the funding but it warned that inflation means firms will still struggle financially.

While legal aid is not devolved, the Welsh Government has repeatedly warned about the consequences of cuts to legal aid. It has also attempted to address some of the challenges where it has the levers to do so, including taking action to support workforce development and providing support to law firms through Business Wales.

However, the Law Society has said the proposals put forward by the UK Government have not addressed the distinct issues facing the legal sector in Wales. The Commission on Justice in Wales recommended:

Criminal legal aid policy and delivery should be designed in Wales to meet needs across Wales and based on the approaches to public defender schemes adopted by the Nordic nations.

Giving evidence to a House of Lords Committee, Mick Antoniw MS explained that legal aid “could be used more effectively if applied locally—provided that the proper funding came with it”. Despite setting out the argument for devolution, legal aid remains reserved to the UK Government.

Can the sector withstand future challenges?

Despite recent reforms, the Law Society has called on criminal legal aid firms to review the viability of carrying out this work. This comes at a time when future challenges and pressures across the criminal justice system could place further demands on the sector:

• Court backlogs cause delays in hearings and trials. With limited numbers, many solicitors are working unsustainable hours to keep cases moving.
• The criminal defence workforce is ageing. In mid and west Wales, 60% of criminal duty solicitors are over the age of 50. Without an increase in numbers entering the profession the sector will face further decline.
• Fewer young solicitors are opting for a career in criminal law. This is leading to an ever shrinking workforce. In July 2025, the Counsel General and Minister for Delivery, Julie James MS acknowledged this issue, arguing that :”making a living off legal aid is really hard, and most of the legal aid practices have shut because they just cannot do it".

At its core, access to criminal legal aid is a question of equality: every person should be able to access their right to a fair trial and legal representation. Without decisive investment that principle risks becoming a promise in name only.

Article by Claire Thomas, Senedd Research, Welsh Parliament

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A deserted landscape: access to civil legal aid in Wales (Part 2)