Tag Archives: criminal legal aid

News

Justice Committee Report on Criminal Legal Aid

A recent report from the House of Commons Justice Committee entitled “Criminal Legal Aid” has made the following observations and recommendations after hearing evidence across a wide range of issues.  The conclusions are below.

justice committee criminal legal aid

Recent changes to the LGFS

  1. The evidence we have received suggests that solicitors have serious grievances about the Litigators’ Graduated Fee Scheme, given the absence of index linking for two decades, the 8.75% cut in fees imposed in 2014, and the recent reduction to the cap on pages of prosecution evidence.
  2. The Law Society’s judicial review of the Government’s decision to revise the LGFS means that it would not be appropriate for us to offer comment on the details of the scheme at this point in time. However, we have received evidence indicating a worryingly high level of demoralisation among criminal defence solicitors and threats to the economic sustainability of criminal defence firms, with negative implications for the criminal justice system—especially for defendants. We return to this issue below.
  3. We consider it regrettable that the Law Society has had to resort to bringing a judicial review to pursue its grievances about the LGFS. We recommend that the Ministry of Justice take urgent steps to avoid this dispute having to be resolved by the courts. Whatever the outcome of the judicial review, we consider there should be a wider review of criminal legal aid.

Recent changes to the AGFs

  1. We consider it regrettable that the Criminal Bar felt compelled to take direct action in response to the new Advocates’ Graduated Fee Scheme, given the potential for adverse impact on defendants and complainants, as well as on the functioning of the courts. However, the underlying reasons for the dispute can be understood, including the failure to ensure that fees keep pace with inflation, the staged fee reductions from April 2010 onwards, unhappiness about aspects of the revised AGFS and the Criminal Bar’s genuine and heartfelt concerns about the future of their profession and under-funding of the criminal justice system.
  2. While we welcome the Government’s decision to offer additional funding for the AGFS and the Criminal Bar’s decision to accept the offer, we do not believe that ending this specific dispute has resolved the underlying issues and it is clear that many barristers remain deeply unhappy about their situation and about the future of the criminal justice system.
  3. We acknowledge the challenges facing the Ministry of Justice in reworking the AGFS so that it is fair to advocates at all levels of seniority, and in ensuring that it is future-proofed against inevitable changes in the profile of Crown Court cases. We also recognise that the Ministry of Justice has made genuine efforts to address the concerns of the Criminal Bar. To provide for ongoing collaboration with the legal profession on refinements to the AGFS, we recommend that, without any further delay, a system of annual review be built into the AGFS, overseen by a panel which incorporates representatives from the Criminal Bar and solicitor organisations, Criminal Legal Aid 39 alongside Government representatives. The panel’s remit should include considering the inter-dependency between the AGFS and the LGFS, and the impact of changing the former on the operation of the latter.

Expenditure on criminal legal aid

  1. As we have observed, there is a common law right to legal advice, together with a right to legal representation for an accused person under Article 6 of the European Convention on Human Rights. We conclude that there is compelling evidence of the fragility of the Criminal Bar and criminal defence solicitors’ firms placing these rights at risk; we conclude that this risk can no longer be ignored.
  2. We also conclude that current difficulties in recruitment to the Criminal Bar could potentially have a negative impact on future recruitment to, and diversity within, the judiciary—in particular for judicial office holders in the criminal courts.
  3. Given these risks, we welcome the decision of the Ministry of Justice to consider legal aid for criminal law within the LASPO post-implementation review, as a first step in understanding the crisis that criminal legal aid is facing. We recommend that the output from this workstream be used to underpin a comprehensive and independent review of criminal legal aid, with the aim of devising a scheme that is sustainable and user-focussed; the review should adopt a similar approach to that of the recent independent review in Scotland. This review should be launched no later than March 2019 and should be concluded within 12 months.

Declining expenditure on the Criminal Justice System

  1. An effective criminal justice system which successfully prosecutes those who commit crime but which also protects the innocence of the accused unless the prosecution can prove their guilt is one of the pillars on which the rule of law is built. The effectiveness of the system also demands that the fabric of the criminal courts is properly maintained. We conclude that the under-funding of the criminal justice system in England and Wales threatens its effectiveness, and in doing so undermines the rule of law and tarnishes the reputation of the justice system as a whole.
  2. Our justice system is widely admired and the UK is a jurisdiction of choice for many individuals and corporate bodies that need to resolve disputes; nonetheless, it faces competition from other jurisdictions. We conclude that the under-resourcing of the criminal justice system undermines the prospects of successfully promoting our legal system abroad, a stated objective of the Government.
  3. We recommend that that the Government conduct an urgent cross-departmental review of funding for all elements of the criminal justice system, including criminal legal aid and the Crown Prosecution Service, with the aim of restoring resources to a level that enables the system to operate effectively; the details of this review should be published in advance and its timetable must ensure completion in time to influence the conclusions of the 2019 Spending Review.

Criminal Legal Aid Disclosure of unused material

  1. We conclude that the pressure placed on defence lawyers to fulfil their professional obligations by reviewing unused prosecution material without remuneration is fundamentally unfair and—with the continual increase in the amount of such material—likely to become unsustainable, and increasingly prejudicial to the defendant. We recommend that restoring legal aid payments for reviewing unused material above a certain page threshold be considered as part of the comprehensive and independent review of criminal legal aid that we have recommended above.

The link to the full justice committee report can be found here.

News

Criminal Legal Aid Solicitor Secures Discontinuance for Vulnerable Client

Nottingham criminal legal aid solicitor Martin Hadley was instructed in a case alleging assault upon two staff members at a local hospital. Eventually the prosecution was persuaded that it was not in the public interest to continue with the prosecution.  It was no doubt a shame that this sensible review did not take place sooner, bearing in mind the vulnerabilities of his client.

Police interview at home without a solicitor

Martin’s client had been interviewed by the police regarding these assaults.  The interview was undertaken at the client’s home address and without the benefit of legal advice.  Although such an interview technique might create the impression that the police are not taking the matter particularly seriously, the evidence gathered through interview carries just as much weight if gained at a police station in a formal interview.

Second legal aid solicitor instructed

This firm was first instructed by our client after another firm of solicitors had failed to secure free criminal legal aid for her.  This resulted in an earlier trial being adjourned because the steps necessary in her defence had not been taken.

Martin took the time to speak with our client’s carer.  He obtained instructions as to our client’s income and this allowed an application for legal aid.  This was granted without difficulties.  Unfortunately, owing to her health difficulties our client was unable to provide us with clear instructions regarding the criminal charges.

Eventually Martin received the papers relating to her case from the former solicitors.  He read the papers and discovered that the allegations involved assaults on two nurses at the hospital.  For understandable reasons, where a person is convicted, the courts will always take such matters seriously.

Argument that our client was acting lawfully

The nurses would give evidence that a doctor from the Mental Health Unit had asked for the client to be detained so that staff at the relevant ward could undertake a full mental health assessment. The nurses who were dealing with our client at the time did not have training on how to deal with patients with mental health difficulties.

Our client decided to leave the hospital.   The staff attempted to restrain her and at that time she was said to have assaulted the nurses.

Upon a review of the file Martin decided to approach the case from two angles to try and secure the best result for his client.  Firstly, he pointed out to the prosecution in correspondence that there was currently no evidence that the nurses had a power to detain his client under the Mental Health Act.  Without such authority then it could be argued that his client was free to leave the hospital.  This meant that any attempts to detain her would have amounted to unlawful force and so our client would be entitled to resist.  This would mean that the alleged assaults were not unlawful.

Despite various requests by the prosecution, the hospital was never to release a copy of the order or the relevant notes relating to the incident. Delays in the trial being heard because of this.

How could it be in the public interest to proceed?

The issue of lawful authority being pursued so Martin’s second aim was to try and persuade the CPS to discontinue the proceedings.  He argued that it would not be “in the interests of justice” to continue with the proceedings because of the circumstances.

The client was clearly suffering from an illness that required treatment at the time of the allegations.  She had no recollection of the incident due to what was believed to have been a psychotic attack. This contention was backed up by the fact that the client was subsequently detained under the Mental Health Act following the incident.

Martin made lengthy representations to the prosecution because of these health issues.  The health problems were continuing, and a further period of detention had followed under the Mental Health Act.  Specific guidance from the prosecution and the National Health Service suggested individuals should not be prosecuted because of their illness.

Late decision by prosecution means that case dropped on day of trial

Despite this clear guidance and irrefutable medical evidence the prosecution would not make a final decision as to withdrawing the case.   Fortunately, the prosecution discontinued the case on the day of the trial, although numerous attempts had been made to secure that outcome prior to the trial date.

Criminal Legal Aid in the Magistrates’ Court

criminal legal aid solicitor VHS Fletchers NottinghamWe know how important it is to secure affordable representation if you face proceedings in the Magistrates’ Court.  There is both a merits test and a means test but we will help you complete the forms.  This is so that you have the best chance of passing both.

Even if an initial decision is made that you have too much income, we will provide you with advice about pursuing an exceptional hardship application to try and ensure that you receive free legal aid.  This is because as a legal aid solicitor we specialise in this type of advice.

Instruct a Nottingham criminal legal aid solicitor

nottingham criminal legal aid solicitor Martin Hadley
Nottingham criminal solicitor Martin Hadley

If you wish to instruct legal aid solicitor Martin Hadley then please telephone him on 0115 9599550.  Alternatively, you can contact him using the form below.

One of our other offices might be more convenient to you.  You can find out where they are here.

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News

Free Legal Aid takes Nottingham Solicitor to Bromley Magistrates

Nottingham criminal solicitor Alex Chapman recently demonstrated that VHS Fletchers are prepared to travel under free legal aid in Magistrates’ Court cases.  This is because we want to ensure you receive continuity of legal representation in your case.

Alex recently travelled to Bromley Magistrates’ Court to represent a client from Nottingham because he was charged with three allegations of assault.  One of them was racially aggravated.

Our client had never appeared before a court before and was understandably concerned about the outcome of his case.  Despite his character, there was a real risk that he would receive a custodial sentence, particularly due to one of the charges being racially aggravated.

Alex’s client had been in London because he had to resolve an issue with his passport.  He had, however, missed his coach home and had unwisely had a drink to pass the time.  Our client ended up in an argument with his partner and then an altercation with shop staff and a member of the public.

He was extremely apologetic for his actions so had not disputed the alleged conduct . Our client knew that he had lost his good character and that this could have a major impact on his future but he was realistic in his expectation of a prison sentence.

Alex saw that his client was particularly concerned that he receive continuity of representation.  It is perhaps always important that a client has the benefit of the same lawyer throughout the lifetime of his case. Although he was legally aided, Alex was able to commit to travelling to Bromley.

In the event the case was able to be concluded at a single hearing because we had full instructions. Guilty pleas were entered and then Alex offered mitigation on his client’s behalf.  A brief probation assessment was carried out so his client was sentenced.  Rather than a custodial sentence he received a community order.

Availability of Free Legal Aid for Criminal Cases

We will always assess whether you are entitled to free legal aid for Magistrates’ Court hearings.  In this case the funding allowed us to provide free representation to our client some distance away.

Contact one of our criminal defence solicitors

We have several offices across the East Midlands, however we can provide nationwide advice and representation in police stations and at the Magistrates’ and Crown Court.  Find your nearest office here or use the contact form below in order to instruct us.

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