The average age of a criminal duty solicitor across the whole of England and Wales is now 47 years, a demographic that means areas of the country could be left unrepresented in the future. For example, the youngest duty solicitor on the Isle of Wight is 55 years old. The reason for the shortage is low fees for criminal legal aid work. As fewer solicitors work in criminal legal aid, the stress on those who remain worsens, creating a downward spiral, according to the report, ‘Justice on Trial 2019’, published this week.
Although the system is based on the principle of innocent until proven guilty, lives can be ruined before a case reaches trial, it says. ‘Release under investigation’ leaves both suspects and victims of crime in limbo for months as they wait to find out whether the police will pursue the case. Delays in the disclosure of evidence that would otherwise have proved a person’s innocence can force them to go through an unnecessary legal process. Cases can be cancelled at the last minute, creating extra disruption and costs for defendants and witnesses.
Many people on low incomes who are accused of a crime are forced to pay fees or contributions they can’t afford due to the legal aid means test, the report says. Individuals earning between £12,475 and £22,325 a year may be deemed ineligible for legal aid in the magistrates’ court and may have to pay contributions towards their legal costs in the Crown court.
Those who sit above the legal aid threshold incur an ‘innocence tax’―they can be found not guilty but, since 2012, can only claim legal aid rates back in costs, which often leaves a 50%-75% shortfall. Meanwhile, court closures are making it harder for many people to attend hearings―defendants from Bury and Rochdale, for example, must now travel to Manchester for court hearings, which means a £7 tram fare. Universal credit for an 18 year-old is £58.10 a week (£8.30 a day).
Law Society President Christina Blacklaws said: ‘Since 2011/2012, the Ministry of Justice (MoJ) has lost a quarter of its budget.
‘This has led to significant cuts to our courts and tribunals, legal advice and representation. For victims and the accused, a journey through the system is akin to a nightmare.
“Unsurprisingly, it is those on lower and middle incomes who bear the greatest burden. It’s time to fix our ailing criminal justice system. Before it’s too late.’
In the report, the Law Society calls for: the legal aid means test to be uprated; a legal aid task force to be created to independently analyse the funding required to make the system sustainable; court delays to be reduced by abolishing the use of ‘warned’, ‘block’ and ‘floating’ court lists of cases that might not go ahead; and remuneration rates increased to retain sufficient expert lawyers within the profession.
It also recommends replacing the Defence Solicitor Call Centre (DSCC) by an automated system, to improve efficiency and reduce cost, and introducing a centralised IT system for booking legal visits to prisoners.
Meanwhile, a proposed walkout on 1 July by criminal barristers looks likely to be postponed after the Ministry of Justice, Crown Prosecution Service and Attorney General offered an ‘accelerated package of measures’ to address concerns and a review of fees.
