The report warns that a rigid system of fixed fees and low pay is leaving firms specialising in legal aid struggling. The sustainability of legal aid providers is critical to ensure that those eligible for legal aid are able to be supported through what can be a complex and daunting system.

Criminal legal aid firms are finding it increasingly difficult to recruit and retain staff. Firms that rely on publicly funded work are not able to compete with the Crown Prosecution Service, who are able to offer significantly better pay and conditions. The Committee warns that without reform criminal defence services will be unable to provide the high-quality defence that is vital in an adversarial justice system. The Committee argues that the Government should remove the cap on what acquitted defendants can recover from central funds.