Crime Solicitors

By Sangeeta Lard

We live in a democratic society where all citizens have the right to access justice and the right to a fair trial….don’t we? Unfortunately loss of funding to Citizens Advice Bureaus and the recent government plans set to reduce the legal aid budget by £350 million would suggest otherwise. The Government’s far reaching proposals to reduce the scope of civil legal aid as part of their austerity measures will dramatically reduce the number of clients able to access legal advice in respect of civil matters, family cases, housing, and employment. Not to mention the recent introduction of Crown Court Means Testing for criminal defendants all of which may be seen as a slow erosion of the basic right of access to justice for all and the age old principle that one is innocent until proven guilty.

The British legal system thrives on 'fairness' and 'equality' allowing everyone to have a voice; the legal aid scheme further reinforced this by providing people from the least advantaged sections of society a right to a fair hearing. As Lord Beecham put it, "the legal aid system was one of the great pillars of post war welfare state".(House of Lords Legal aid debate May 2011)

This access to justice is a 'social good' that must be maintained and not be jeopardised by the government because of a'quick fix' to reduce the deficit.

Shouldn’t the 'mentally ill' be able to challenge their detention? What about victims of domestic abuse and those facing troubles with housing and welfare in need of decent living conditions? These are just a few examples of lives that hinge on the type of protection that the legal aid system offers; inevitably it is these poor and vulnerable members of society that will suffer from the proposed reforms most.

The effect of these cut backs will amount to dire changes to the justice system. People unable to afford legal representation will be forced to represent themselves. Senior judges have warned that "courts could grind to a standstill as hundreds and thousands of people represent themselves", (Guardian, Feb 2011). These 'litigants in person' won’t understand the process, which would increase major delays in cases being heard. A person with no idea of the legal complexities and the system is very unlikely to have a 'fair hearing'. Cases that hold no chance of success and would usually be filtered out by legal professionals will still be heard in court, wasting court costs and time. Those incapable of representing themselves will just be denied their rights altogether.

Such changes will deteriorate the quality of justice. This slow and inefficient process will only end up being more expensive for the courts. Surely this is a false economy?

It remains to be seen whether the government will implement the proposed changes in full or whether they will in any way alter the proposals following the numerous responses from the legal community to the consultation which closed in February this year. But one must seriously consider...are we now living in a world where justice is only for those who can afford it?