McCormacks Law

[CrimeLine @CrimeLineLaw]

Law Society High Court victory: Government must rethink criminal legal aid funding before system collapses

The Law Society has urged the Lord Chancellor to safeguard the future of criminal legal aid following today’s victory in the High Court.

The Society took the government to court after it failed to increase criminal defence solicitors’ legal aid rates by the bare minimum 15%, as recommended by the independent review of criminal legal aid.

Lord Justice Singh and Mr Justice Jay today (31 January) ruled that the decisions on CLAIR were irrational and that the Lord Chancellor made insufficient enquiries as to the state of the criminal legal aid sector before making them.

The Court observed that it had been presented with an “impressive, compelling, body of evidence” which showed “the system is slowly coming apart at the seams”. “Unless there are significant injections of funding in the relatively near future, any prediction along the lines that the system will arrive in due course at a point of collapse is not overly pessimistic.”

“We are delighted the High Court has recognised that then Lord Chancellor, Dominic Raab’s decision was irrational,” said Law Society of England and Wales president Nick Emmerson.

“We may have won the court battle but it’s the public who will lose out in custody suites and courtrooms across the country unless the government takes immediate action to stop the exodus of duty solicitors from the profession.

1,400 duty solicitors have left since 2017 because the work is not financially viable.

We are already seeing that there simply aren’t enough solicitors to represent suspects at police stations and magistrates’ courts day and night across the country. This situation will only get worse with potentially dangerous consequences for society.

The imbalance between the defence and the prosecution will continue to grow and public trust in the criminal justice system will continue to fail.”

The Law Society now wants the government to ensure that the key recommendation of the independent review – a 15% legal aid rates’ rise – is implemented for solicitors as soon as possible. They must also commit to ensuring that criminal legal aid rates become and remain economically viable in the long term.

“It must be remembered that Lord Bellamy made that recommendation more than two years ago and said it was the bare minimum needed,” added Nick Emmerson.

“Reversing Raab’s irrational decision would be an important step to demonstrate the government is serious about ensuring that we may once again have a criminal justice system worthy of the name. A system which works effectively and efficiently needs to attract and retain lawyers on both sides to ensure balance between defence and prosecution.

We are keen to work with the Lord Chancellor to help take the necessary steps to safeguard the future of this crucial profession.”

[DoughtyStPublic @DoughtyStPublic]

Lord Chancellor’s decision not to fully fund legal aid for criminal defence solicitors was unlawful and irrational.

In a landmark judgment handed down today, the Divisional Court (Lord Justice Singh and Mr Justice Jay) held that the Government acted unlawfully and irrationally when deciding not to implement the full funding recommendation in Lord Bellamy’s Criminal Legal Aid Review.

@AdamWagner1 was instructed by the CLSA and LCCSA who were Interested Parties in the case.

Read more 🔽
https://t.co/AAvkuPCNWa

[Garden Court Chambers @gardencourtlaw]

Garden Ct Protest Team is coming together with other leading human rights chambers to highlight the exceptional threat to freedom of expression posed by The Public Order Bill 2022.

This Bill threatens rights inherent to our democratic society, as the attached statement explains.

[McCormacks Law @mccormacks]

@IStephanieBoyc1 Thank you for your leadership and the support you have given the profession- in particular for fighting for the interests of those who rely on a sustainable vibrant legal aid sector to access justice.

[McCormacks Law @mccormacks]

@spaciouscowboy Well done Jan. it is an impressive and enviable achievement.

[Tristan Kirk @kirkkorner]

Parents in south London have been unlawfully convicted of truancy offences at court hearings happening behind-closed doors

https://t.co/nSyctZQBDQ

[CrimeLine @CrimeLineLaw]

I was not expecting that!

[Watkins Solicitors @watkinssolic]

Book your tickets for The Domestic Abuse Conference Bristol 2022 - which takes place on the 14th October at Watershed in Bristol City Centre.

Find out more about the event and our speaker line-up below:
https://t.co/W2i8xx7I6I

#DACB22 #DomesticAbuse

[McCormacks Law @mccormacks]

@GregFoxsmith @ClaptonCFC Could not agree more Greg. Great principled and inclusive club.

[McCormacks Law @mccormacks]

@OldSpottedDogE7 @ClaptonCFC Excellent

[Matty G @mattstar86]

If you are local come and support our first home game tomorrow night..

@SportingBengal

[McCormacks Law @mccormacks]

R.I.P Bruce Kent. Justice and Peace.

[McCormacks Law @mccormacks]

@MissWhyte5 Congratulations!

[McCormacks Law @mccormacks]

‘A cultural moment’: what Bend It Like Beckham meant for UK women’s football | Women's football | The Guardian https://t.co/37YDVr8fHV

[McCormacks Law @mccormacks]

@amar_england @AnwarU01 @daldarroch @WeAreTheFSA @FA Full of admiration for the work you do and the cause of diversity you promote.

[McCormacks Law @mccormacks]

@QaysSediqi Cannot say how pleased we are to hear this , even though we have not yet met. Congratulations.

[McCormacks Law @mccormacks]

@amar_england @ImrulGazi @WeAreTheFSA @AnwarU01 @HumayunislamBFD @misbahmahfujur We are up for this. Let the sun shine please!

[McCormacks Law @mccormacks]

@SportingBengal We agree.

[McCormacks Law @mccormacks]

@aneezesmail We are sorry to hear of this Aneez. Mike was unfailing in his commitment to the cause for justice and in particular on behalf of those wronged at Orgreave.

[McCormacks Law @mccormacks]

@RichardMoorhead Wonderful