header-logo header-logo

Legal aid: welcome to the fight

20 May 2022 / Roger Smith
Issue: 7979 / Categories: Opinion , Legal aid focus , Profession , Criminal
printer mail-detail
81963
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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Carey Olsen—Kim Paiva

Carey Olsen—Kim Paiva

Group partner joins Guernsey banking and finance practice

Morgan Lewis—Kat Gibson

Morgan Lewis—Kat Gibson

London labour and employment team announces partner hire

Foot Anstey McKees—Chris Milligan & Michael Kelly

Foot Anstey McKees—Chris Milligan & Michael Kelly

Double partner appointment marks Belfast expansion

NEWS
The Ministry of Justice (MoJ) has not done enough to protect the future sustainability of the legal aid market, MPs have warned
Writing in NLJ this week, NLJ columnist Dominic Regan surveys a landscape marked by leapfrog appeals, costs skirmishes and notable retirements. With an appeal in Mazur due to be heard next month, Regan notes that uncertainties remain over who will intervene, and hopes for the involvement of the Lady Chief Justice and the Master of the Rolls in deciding the all-important outcome
After the Southport murders and the misinformation that followed, contempt of court law has come under intense scrutiny. In this week's NLJ, Lawrence McNamara and Lauren Schaefer of the Law Commission unpack proposals aimed at restoring clarity without sacrificing fair trial rights
The latest Home Office figures confirm that stop and search remains both controversial and diminished. Writing in NLJ this week, Neil Parpworth of De Montfort University analyses data showing historically low use of s 1 PACE powers, with drugs searches dominating what remains
Boris Johnson’s 2019 attempt to shut down Parliament remains a constitutional cautionary tale. The move, framed as a routine exercise of the royal prerogative, was in truth an extraordinary effort to sideline Parliament at the height of the Brexit crisis. Writing in NLJ this week, Professor Graham Zellick KC dissects how prorogation was wrongly assumed to be beyond judicial scrutiny, only for the Supreme Court to intervene unanimously
back-to-top-scroll