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Legal aid: welcome to the fight

20 May 2022 / Roger Smith
Issue: 7979 / Categories: Opinion , Legal aid focus , Profession , Criminal
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Legal aid has been run into the ground. Is it time for public defenders to step in, asks Roger Smith

No reader can be unaware that the Criminal Bar Association is conducting a major campaign for better remuneration. Its Twitter account headlines its uncompromising stand: ‘Unless and until there is substantial movement to meet our legitimate demands, don’t expect a ballot of members on withdrawing its current industrial action.’

The Bar’s most effective weapon has been its policy of members refusing to take late return briefs. This removes flexibility from the scheme, adds further delay to a justice system near to breakdown from a decade of cuts and court closures, and causes victims politically visible pain. Unfortunate but necessary industrial action. I have no principled problem with that. Politicians want to play politics with legal aid? Welcome to the fight. I am for the lawyers.

I do have an issue, however, with one of the demands of the campaign: that barristers will not join the fledgling Public Defender

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