SWEEPING changes to the legal aid system undermine the basic rule of law and could lead to miscarriages of justice, leading North-East solicitors warned last night (Sunday, May 19).
The region’s criminal courts could be brought to a standstill on Wednesday when lawyers from across the North-East and North Yorkshire protest outside Parliament about the Ministry of Justice’s (MoJ) plans, which are designed to cut £220m from the legal aid budget.
The Government has been accused of imposing a “Stalinist model” on the legal system by introducing competitive tendering for contracts to provide lawyers for defendants in criminal cases.
In order to guarantee winning firms receive a sufficient number of cases each year, the MoJ is proposing to remove the right of defendants funded by legal aid to select their own solicitor.
There are currently dozens of firms across the region providing lawyers to defendants eligible for legal aid.
However, ministers are proposing to issue just six contracts in the Cleveland Police area, six for Durham Constabulary - one of which will be the Public Defender Service - and only four in North Yorkshire.
According to Jonathan Woodhouse, a partner at Middlesbrough-based Freers Solicitors and president of Tees Valley Law Society, the changes would damage the British justice system.
“To impose a Stalinist model of a fixed market in which individual choice and hence the basic driver of quality is removed, undermines not just the Government-stated objective for a fairer society but also the basic rule of law.
“Criminal charges against an individual should be determined with the assistance of a skilled, properly funded advocate of choice after a fair hearing. A citizen should expect no less. But next year this will no longer be on offer.”
With companies driven by profits and fees for legal aid work due to fall, Mr Woodhouse and others claim miscarriages of justice would be more likely.
Unnecessary trials would take place because defendants did not know or trust their legal advisor and would not accept their advice, solicitors claim.
Lawyers in the region also predict widespread redundancies and even business closures as local firms lose out on contracts to national companies.
Stephen Andrews, from Darlington-based Freeman Johnson solicitors, said defendants would be given solicitors who were unaware of their circumstances, meaning court time would be wasted while the solicitor learnt about their client.
He added: “The overall quality will be reduced because price will dictate rather than quality of service.”
A Ministry of Justice spokeswoman said: "We are consulting with the legal profession to get their views on our proposals to transform legal aid, and we want to hear from them on all aspects, including client choice. Quality assured lawyers will still be available, just as they are now.”
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