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Will Truss fix justice crisis?

09 September 2022
Issue: 7993 / Categories: Legal News , Profession , Criminal , Constitutional law
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Lawyers have urged Prime Minister Liz Truss to address the crisis in the justice system, following bad-mouthing of ‘lefty’ lawyers by the previous incumbent and amid a bleak landscape of strikes, case backlogs and severe court delays

Truss, who took office this week, served as Justice Secretary for 11 months from July 2016 in Theresa May’s government, so should be familiar with issues affecting the legal profession although there have been four Justice Secretaries since her tenure. Former Justice Secretary, Dominic Raab, lost his post this week with barrister and former Northern Ireland Secretary Brandon Lewis taking over the role. Former Attorney-General Suella Braverman has been appointed Home Secretary.

Law Society president I Stephanie Boyce called on Truss to respect the rule of law at home and with international partners, and to do ‘a complete rethink’ of the Bill of Rights Bill which in its current form ‘would disempower people in Britain while giving the state more unfettered authority’.

Boyce urged Truss to support small law firms faced with rising energy costs, and to ‘immediately implement’ the minimum 15% criminal legal aid rate increase recommended by the Criminal Legal Aid Review.

Criminal Bar Association (CBA) members began an indefinite strike this week over legal aid fees for defence work. Meanwhile, magistrates’ court staff are due to begin nine days of strike action next week over the rollout of HM Courts & Tribunals Service’s ‘Common Platform’ digital case management system, which trade union PCSU officials say is so flawed it is having a ‘negative impact on members’ health, safety and welfare’. The IT system, which has cost £236m as of the end of March 2021, is now live in 143 courts with further rollouts planned up until February.

CBA chair Kirsty Brimelow QC called on the new Justice Secretary to open negotiations with the CBA ‘as soon as they come into office’.

Brimelow said: ‘The current commitment of only 15% increase on fees and only on new cases—where payment will be received at the end of 2023 and beyond—barely earmarks £35m for criminal barristers.

‘There must be a floor that no government can dig below in the future. Barristers in criminal law provide a public service.’

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
Is a suspect’s state of mind a ‘fact’ capable of triggering adverse inferences? Writing in NLJ this week, Andrew Smith of Corker Binning examines how R v Leslie reshapes the debate
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
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