Sunday, 19 May 2013

The real 'scumbag criminal' is still free ~ A matter at democracy's heart

Update 28th May - this post was kindly reproduced by Legal Business - here

Updated 21st May with some further links

'Injustice anywhere is a threat to justice everywhere' - Martin Luther King - Letter from a Birmingham Jail - 16th April 1963

Having already successfully stripped legal aid from so many areas of civil work, the government is now bearing down on criminal legal aid.  'Price Competitive Tendering' (or PCT) is one of the latest 'in phrases' but what, in practice, does it amount to?

Stripped to its essentials, it means that anyone charged with an offence and who requires legal aid - (that is, most people) - will be allocated a defence lawyer working for one of a small number of large 'defence factory' commercial providers.  This lawyer will earn money by case turnover and so will not want to spend too much time on your case and the temptation to advise clients to plead guilty and 'get it over with' will be there.

Does this matter
given that anyone charged with anything serious these days is 'obviously guilty' and classed in the media as a 'scumbag criminal' before the case has even got near a court of law never mind it being actually proved to a jury of our peers?  Well it should matter.  Make no mistake: the person charged could be YOU.  A moment's inadvertence when driving which has massive and tragic consequences for someone else.  A false accusation made by a jealous work colleague.  An ill-advised 'tweet' posted in a moment of sheer frustration - remember Paul Chambers and the Robin Hood Airport tweet?

Please believe me.  If this happens you could find yourself lambasted in the media (which usually only has interest in headlines).  You could be remanded into custody or, at best, on bail for a long time probably with restrictive bail conditions whilst the Police take what will seem like forever to investigate the case.  Your family life could well be devastated and you will soon know who your true friends are.  You could lose your job.  So YES - it does matter to each and everyone of us.  If it happens you will be more than grateful for having a fearless and independent advocate presenting your case.

Now you may still not believe any of this is about to happen in a 'land of the free' with the 'Mother of Parliaments.'  After all I am but a mere blogger these days so why take my word for it?  Hang on though!  Pease read what Sir Anthony Hooper has to say - Express 19th May Top judge warns Government's legal aid reforms could bring meltdown.  He had a distinguished career in the law and as a judge in the Court of Appeal and so he does know what he is talking about.

Perhaps even after that you remain convinced that it can never happen to you.  I now urge you to read the excellent blog A Barrister's Wife.  Read the stories of: Exhibit A (The "Child Pornographer" - actually an innocent grandfather); and Exhibit B (The "Murderer" - actually an innocent man and the real 'scumbag' remains free); Exhibit C ("The Paedophile"- guilty man not the accused father but the mother's boyfriend) and Exhibit D ("The Fraudster" - female employee 'set up' by other workers).  These are true, real-life, stories.

Another great blog on all of this is  - Letter to the Lord Chancellor of Great Britain, Secretary of State for Justice - (theintrigant blog 19th May).

The right to choose your own lawyer will, of course, remain in the strict letter of the law BUT the reality will be that unless you are wealthy you will have to make do with someone allocated to you by the State or, alternatively, you may feel forced to represent yourself.  No true freedom of choice there.

This is NOT special pleading by lawyers.  It is a matter which strikes at the very heart of democracy - a society which believes in the rule of law and in the proposition that an accused person is innocent until proven guilty to a high standard before a properly constituted court which is independent of the government.

Please act NOW to preserve criminal legal aid - get on to your MP (find your MP here) and please sign the PETITION with a view to getting all of this debated in Parliament before the Secretary of State signs off an 'Order' implementing these appalling plans.

Ministry of Justice:

Transforming legal aid: Delivering a more credible and efficient system - Consultation Paper issued 9th April 2013.  Responses by 4h June 2013.

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Other links:

The Defence Brief - if lawyers were only interested in their income they would be campaigning to abolish legal aid.  'The truth is that if lawyers got into the legal aid game to make quick and easy cash then they are fools because legal aid has never been well paid in comparison to other areas of privately funded law.'

Of Interest to Lawyers blog - Save UK justice - or else - If citizens are not properly represented when the State accuses them of a crime, then society and civilisation breaks down ......

The Virtual Lawyer (Steve Cornforth blog) - What price justice? 

Save UK justice

Legal Voice - Ministers 'out of touch with voters' on legal aid - according to a survey

Bar Council - Legislation and lobbying -  Ministry of Justice consultation on legal aid

Save UK Justice

In summary the proposed changes means that:

• You will not be able to choose the lawyer who represents you

• You will not be able to choose a lawyer with a good reputation

• You will not be able to change your lawyer

• Your legal representative will be rewarded financially for agreeing with the case against you

• Less qualified individuals will handle cases involving crime and family law

• Thousands of small firms will go out of business and tax payers money handed to big businesses and corporations


  1. I think you will struggle to find many people weeping at the prospect of the taxpayer funded gravy-train for solicitors grinding to a halt.

    1. Many will weep when it has gone and they find they need help.

  2. I agree it is a pretty depressing prospect. As Hibbo infers the lawyers appear to have been taking the pee for many years. I knew a barrister and the games he played would make a tart blush for shame - but no-one in the judicial system ever did anything about what was obvious abuse. The judges failed to control costs so it has been done for them and we are the losers.

    The snag is the adversarial system has always been very expensive - a rich person's game - and one has to ask 'what do the Swedes, the French, the Dutch and the Germans do? - and how much does it cost', their societies rub along OK it seems. Dare I say we become a bit more European?

  3. You're right - they do appear to be taking the piss. It appears that way in the tabloids and in the popular media. It just doesn't appear that way if you bother looking at the reality.

    I know a number of barristers who doing predominantly legal aid work, and I live with one. The hours are long - 15 hours days is fairly normal, without a break for lunch or for anything else. 6 days a week minimum, often 7 days. Days reading through unused evidence, many thousands of pages of it, knowing that missing a single word could cost someone their home, or their children, or years of their life. That work is unpaid.

    What about the "fat cat" fees you read about? A small handful of people are able to earn that, as they are only for the biggest international terror and fraud cases, and even then those cases don't come along often.

    Here's a typical scene in our house. It's 10pm and the phone rings - it's the clerk. "You're going to Bedford tomorrow. Papers are coming at 6am so you can prepare beforehand. It's £50". Fifty quid, less income tax, less VAT, less the usual overheads. Travel's not paid, so a return ticket to Bedford means the case is loss-making. Shame the gravy train doesn't go there in peak hours.

    I'm not sure how you think either a barrister or a judge would be in a position to play games with fixed fees. You do the case, you get the fee, the amount is set by law. Any attempt at stringing it out is just costing you money and eating up time you could be doing something else.

    Make sure you don't make a mistake with your car insurance, or say something to a copper that they don't like the tone of, or have a misunderstanding with some local kids who reckon you're a bit weird, or live next door to someone who gets murdered, or...

    I'm sure G4S barristers will do you a really cheap defence, just before the G4S van carts you off to the G4S prison.