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| Crown court judges criticise Chris Grayling's legal aid plans | Crown court judges criticise Chris Grayling's legal aid plans |
| (4 months later) | |
| Crown court judges have delivered a damning response to government plans to prevent defendants choosing their solicitor and slice a further £220m off the legal aid budget. | Crown court judges have delivered a damning response to government plans to prevent defendants choosing their solicitor and slice a further £220m off the legal aid budget. |
| The submission by the council of Her Majesty's circuit judges is among a deluge of hostile replies to the public consultation, Transforming Legal Aid, launched by justice secretary, Chris Grayling. | The submission by the council of Her Majesty's circuit judges is among a deluge of hostile replies to the public consultation, Transforming Legal Aid, launched by justice secretary, Chris Grayling. |
| The Church of England has also objected to removing legal aid from recently arrived victims of trafficking, while 145 Treasury counsel – barristers who act for the government – warn that planned restrictions on judicial review will "undermine the accountability of public bodies". | The Church of England has also objected to removing legal aid from recently arrived victims of trafficking, while 145 Treasury counsel – barristers who act for the government – warn that planned restrictions on judicial review will "undermine the accountability of public bodies". |
| Lawyers claim more than 13,000 responses have been sent to the MoJ, though the ministry disputes this figure. | Lawyers claim more than 13,000 responses have been sent to the MoJ, though the ministry disputes this figure. |
| The judiciary's comments reflect widespread antagonism within the legal profession. Under the plans, the cost of judicial reviews will rise steeply, lawyers' fees will be slashed and criminal legal aid contracts will be awarded through competitive tendering. A residency test will also be introduced. The consultation closed on 4 June. | The judiciary's comments reflect widespread antagonism within the legal profession. Under the plans, the cost of judicial reviews will rise steeply, lawyers' fees will be slashed and criminal legal aid contracts will be awarded through competitive tendering. A residency test will also be introduced. The consultation closed on 4 June. |
| The most controversial element is the removal of suspects' ability to choose their own solicitor. The MoJ says that if it does not remove this, it cannot guarantee firms tendering for defence representation contracts enough business to enable them to make savings through economies of scale. | The most controversial element is the removal of suspects' ability to choose their own solicitor. The MoJ says that if it does not remove this, it cannot guarantee firms tendering for defence representation contracts enough business to enable them to make savings through economies of scale. |
| Responding to the plans, the council of circuit judges said: "We are strongly opposed … We believe that the general public favour an alleged offender having the right to choose his legal representative. | Responding to the plans, the council of circuit judges said: "We are strongly opposed … We believe that the general public favour an alleged offender having the right to choose his legal representative. |
| "It will remain for those who are able to fund their representation but not for the poorer sections of the community. Choice seems to be favoured in other areas of publicly funded service but, on purely economic grounds, is ruled out of legal services." | "It will remain for those who are able to fund their representation but not for the poorer sections of the community. Choice seems to be favoured in other areas of publicly funded service but, on purely economic grounds, is ruled out of legal services." |
| The judges, who sit in crown and county courts in England and Wales, said: "The repeated unilaterally imposed reduction of fees has had a demoralising effect upon the professions … We are saddened that the measures proposed seem to be based upon bald assertions concerning the cost of provision of legal aid in the United Kingdom but without analysis of the factors involved, and seeking to compare with other jurisdictions where the structure of the justice system is not comparable." | The judges, who sit in crown and county courts in England and Wales, said: "The repeated unilaterally imposed reduction of fees has had a demoralising effect upon the professions … We are saddened that the measures proposed seem to be based upon bald assertions concerning the cost of provision of legal aid in the United Kingdom but without analysis of the factors involved, and seeking to compare with other jurisdictions where the structure of the justice system is not comparable." |
| The Church of England's response is focused on the impact on trafficked women and victims of domestic abuse who have been in the UK for less than a year and will no longer be eligible for legal aid. | The Church of England's response is focused on the impact on trafficked women and victims of domestic abuse who have been in the UK for less than a year and will no longer be eligible for legal aid. |
| "Our concern is that good legal advice and advocacy should be readily available to all who need it, especially those whose vulnerability places an obligation on society to ensure that they are not defenceless against unjust treatment by any person, organisation or agent of government," the submission says. | "Our concern is that good legal advice and advocacy should be readily available to all who need it, especially those whose vulnerability places an obligation on society to ensure that they are not defenceless against unjust treatment by any person, organisation or agent of government," the submission says. |
| The Treasury counsel response declares that "the proposals will undermine the accountability of public bodies to the detriment of society as a whole and the vulnerable in particular. | The Treasury counsel response declares that "the proposals will undermine the accountability of public bodies to the detriment of society as a whole and the vulnerable in particular. |
| "Those who are reliant on legal aid are most likely to be at the sharp end of the exercise of government power and are least likely to be able to fund judicial review for themselves, or effectively act in person." | "Those who are reliant on legal aid are most likely to be at the sharp end of the exercise of government power and are least likely to be able to fund judicial review for themselves, or effectively act in person." |
| The London Criminal Courts Solicitors Association points out that the cost of legal aid has been declining sharply and that overall expenditure on justice in Britain is the same as in Europe: the UK's adversarial system means more is spent on legal aid and less on the inquisitorial system favoured on the continent. | The London Criminal Courts Solicitors Association points out that the cost of legal aid has been declining sharply and that overall expenditure on justice in Britain is the same as in Europe: the UK's adversarial system means more is spent on legal aid and less on the inquisitorial system favoured on the continent. |
| The MoJ said: "At a time of major financial challenges, the legal sector cannot be excluded from the government's commitment to getting better value for taxpayers' money. Professional, qualified lawyers will be available, just as they are now, and contracts will only be awarded to lawyers who meet clear quality standards." | The MoJ said: "At a time of major financial challenges, the legal sector cannot be excluded from the government's commitment to getting better value for taxpayers' money. Professional, qualified lawyers will be available, just as they are now, and contracts will only be awarded to lawyers who meet clear quality standards." |
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