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12 November 2021 / Dr Jon Robins
Issue: 7956 / Categories: Opinion , Legal aid focus , Profession
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Time for some shock therapy?

63502
Post-2010 & the damage done to our criminal justice system: Jon Robins reviews calls for the reinstatement of areas of social welfare law

The ‘Shock Doctrine’ thesis was advanced by the Canadian author Naomi Klein to describe the process by which governments exploit crises (disasters or upheavals) to force through controversial policies while citizens are too preoccupied to resist what would previously have been thought unacceptable. The phrase comes from the ‘shock and awe’ visited upon Iraq in the 2003 invasion and the subsequent remodelling of the country’s economy. In other words, a crisis (9/11) becomes an opportunity (mass privatisation and fresh new markets for US companies).

It’s an idea that the legal academic Dr Hannah Quirk persuasively adopts in her essay: Shock Therapy and The Criminal Justice Casualties of Covid-19 (King’s Law Journal, Volume 32, 2021–Issue 1). The ‘crisis’ is the pandemic and the ‘opportunity’ here is a chance to knobble trial by jury. ‘The criminal justice system has not been short of controversial, and mostly

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NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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