delete The Legal Aid in Criminal and Care Proceedings (General) (Amendment) (No. 2) Regulations 2000
These Regulations amend the Legal Aid in Criminal and Care Proceedings (General) Regulations 1989 by substituting a new regulation 48 governing when legal aid orders may provide for Queen’s Counsel or multiple advocates. The regulation establishes an elaborate bureaucratic framework specifying exact conditions under which more complex legal representation (QC alone, QC with junior counsel, two juniors, three advocates, etc.) may be funded, including thresholds for witness numbers, page counts of evidence, complexity determinations by a 'competent authority', and tiered adequacy requirements. It also amends regulation 54 to clarify a magistrates' court provision.
This regulation imposes heavy bureaucratic control over legal representation in criminal proceedings, rationing taxpayer-funded legal aid through an arbitrary tiered system with rigid thresholds (80 witnesses, 1,000 pages of evidence) and requiring state 'competent authority' approval for representation levels. While legal aid cost control has some merit, this regulation goes far beyond reasonable fiscal oversight—it micromanages exact lawyer combinations permitted, creates perverse incentives to structure cases to meet thresholds rather than serve justice, and restricts both client autonomy and the market for legal services. The complex hierarchy (QC alone, then QC+junior, then two juniors, then three advocates) with escalating 'adequacy' requirements means defendants cannot choose to purchase more representation even if willing to pay extra, and barristers' livelihoods are subject to government-determined conditions rather than market forces.