Further Government Cuts to Legal Aid Planned

 Trevor Colebourne of Vincents Solicitors in Preston and Blackpool says:

Everyone is entitled to legal representation, regardless of their ability to pay. This is a fundamental principle of British justice. And that representation should be provided by a qualified, experienced lawyer who has the skills and expertise to understand and work within the UK’s complex legal system.

That ideal is sadly under threat as the Government makes and proposes further cuts to its Legal Aid funding, in fact the service is dangerously close to break down.

At the start of this month, the Government cut Legal Aid for the second time in 15 months. Law firms in many parts of England and Wales protested. From July 27, solicitor firms in Lancashire, including Vincents, will be joining this action, along with barristers nationwide.

Legal Aid is available to cover the cost of professional representation and ensure the fair and proper application of justice, in cases where the defendant cannot afford to represent themselves. Without that funding, individuals would have to consider whether fighting a case was financially viable, rather than deciding because they were innocent or had a winnable case. The alternatives would be self-representation, which is risky, or the selection of a lawyer based on cost alone.

For now, Legal Aid still exists. But the cuts are taking their toll on the legal profession which is struggling to attract new entrants into criminal law, at a time when many older practitioners are looking towards retirement. Some firms specialising in criminal law are finding it hard to recruit because they can not offer competitive salaries, and no one would be surprised if many junior lawyers chose to go into other more lucrative areas of practice.

Let’s look at the figures. The cuts to Legal Aid over the last 20 years have seen rates fall by 27 per cent, from £58.75 per hour in 1995, to £42.90 per hour today. Consider the increased costs of living over this time, the administrative costs and overheads, the fact that the service has to be provided 24 hours a day, 365 days a year, and it becomes less and less cost effective. Consider that salaries across the economy have increased by 50 per cent, and it seems unfair. Another cut planned for January 2016 could send many firms under.

As the older lawyers retire and younger ones select other options, the pool of talent is diminished. The remaining practitioners are overworked and underpaid, and less skilled juniors will be drafted in to fill the gaps. And who wants the overworked, underpaid, less experienced lawyer representing their interests when their very liberty may be at stake?

While we understand that it is difficult for many people to feel sympathy for solicitors who represent people accused of crimes, we feel it important that the issues are made public. Vincents has decided to support this protest because everyone - especially the innocent, children and the vulnerable - is entitled to a fair trial and this usually means representation from a skilled lawyer. The criminal justice system must be designed to make sure this happens.

Even the Lord Chancellor, Michael Gove, accepts there is a two-tier system of justice in Britain today. He was quoted on July 20 as saying: “There are two nations in our justice system at present. On the one hand, the wealthy… And then everyone else, who has to put up with a creaking, outdated system…”

So it is essential that we take a stand against these changes, alongside our colleagues in Lancaster, Merseyside and Manchester. Vincents is not a small firm, and this kind of work represents only a small part of the work we do. But we are committed to standing with our colleagues because we feel strongly that the country needs a criminal justice system that has capable ambitious lawyers to defend and prosecute, and a system that everyone represented in the police station and courts can have confidence in.

Unfortunately, in taking this action, lawyers will not be able to represent their own clients in the Crown Court for the duration. We understand this will cause problems for the accused, as much as it will for the courts.

We hope that our clients will understand why this issue is so important for the future to everyone who wants to live in a country where the rights of the individual to justice are treated with respect and the Government will listen to make sure that these rights remain cherished, and our colleagues in other law firms in Lancashire feel able to take similar action and take a stand.

In a year where we celebrate the 800th anniversary of the founding principles of English Law in Magna Carta and the right to access to justice, which is held in high esteem worldwide, how have we got to the point where our current system is so broken?