The Law Society has published data which shows a looming crisis in the numbers of criminal duty solicitors working in England and Wales right now. In the future, many individuals will be left unable to access their right to a solicitor and free advice within a reasonable time, if at all.
Criminal duty solicitors – a dying breed?
Criminal duty solicitors like those at VHS Fletchers offer a vital public service. Any individual detained by the police has a right to a solicitor and this advice will always be free of charge under our legal aid contract with the government. This remains the case at any time of day, and regardless of wealth, age or nationality.
The mean average age of a criminal duty solicitor across the whole of England and Wales is now 47, and in many regions the average age is even higher.
The Law Society data highlights that in 5 to 10 years’ time there could be insufficient criminal duty solicitors in many regions, leaving individuals in need of legal advice unable to access justice.
This could have a catastrophic effect on the criminal justice system, as members of the profession retire and leave a shortage of experienced practitioners. This will impact on both access to justice and on valuable police time.
One explanation for these shortages is because criminal defence solicitors have received no fee increase since 1998. Instead, fees have been reduced and removed. Inflation has led to a significant real terms reduction. Combined with other cuts to the system including court closures, many lawyers no longer see a viable career doing this work. It is difficult to attract and retain new members of the profession.
The Law Society campaign
The Law Society is therefore calling on the Government to conduct an economic review of the long-term viability of the criminal legal aid system and to guarantee that criminal legal aid fees will rise with inflation.
This was the response of VHS Fletchers to the consultation paper released by the Legal Aid Agency (LAA) following the notification on 25 October 2017 of the closure of Newark custody suite with effect from 6 November 2017. The suggestion was to merge the Newark duty solicitor scheme with the Mansfield scheme.
All Newark arrests from that date are taken to and processed at Mansfield Custody Suite. The residents of Newark had already lost one public resource, that being the ability of their police station to process prisoners. There was a very real risk that they would lose another – detainees receiving advice from solicitors local to Newark under the Newark duty solicitor scheme.
The consultation document invited responses to three alternative revisions to the Newark duty solicitor scheme and Mansfield scheme. Only one of those appeared to put first the needs of those from Newark who are arrested.
After the consultation document was published there were two important indications from the police that impacted upon the proposals:
Cases that were identified as Newark cases would continue to be charged and either bailed or held to appear at Nottingham Magistrates’ Court rather than Mansfield Magistrates’ Court.
The police would continue to contact the Newark Duty Solicitor Scheme in cases which are identified as “Newark arrests” and would ensure that the Duty Solicitor Call Centre (“DSCC”) was informed in all cases where the detainee was arrested for an offence committed in Newark.
Newark police station
It followed from these indications that Mansfield custody suite was able to and intended to identify cases that had historically been dealt with at Newark police station. As a result, they would be able to direct those who seek the advice of a duty solicitor to a firm local to Newark.
The proposed options for changes to the scheme could be summarised as follows:
That the Newark Police Station Duty Scheme was merged with the Mansfield Police Station Duty Scheme with effect from 1 January 2018 with members of an extended Mansfield scheme covering both Mansfield and Newark police stations.
That the Newark Police Station Scheme was retained as a separate scheme and Duty Solicitors on the Newark rota would be directed by the DSCC to attend at Mansfield police station.
Newark Police Station Scheme retained as a separate scheme and firms post 1 January 2018 could elect to join either the Mansfield police station duty rota or standalone Newark scheme (if retained under option 2)
The LAA indicated that they preferred option 1. The reason given was that options 2 and 3 were reliant upon the police being able to identify to the DSCC “Newark cases”. A more cynical view might be that the LAA and DSCC would have one less scheme to administer under option 1, resulting in an inevitable reduction in administration costs.
Fortunately, since the consultation document was published, the police set out their intention to continue to identify Newark cases at the point of arrest and charge.
As a result, there appeared to be no requirement for option 1 to be adopted unless there were ulterior motives on behalf of the LAA.
VHS Fletchers supported Option 2 for the following reasons:
This firm’s investment in Newark
When new legal aid contracts were to be awarded this firm chose to apply for a contract for a new Newark office. The closure of Newark custody suite was not anticipated.
Newark duty solicitor Ian Carter
The office is staffed with two crime solicitors local to Newark – Ian Carter and Barbara McDonnell. We have since recruited a further Newark based lawyer – Legal Executive Advocate Nikki Carlisle – signalling a clear indication to continue to develop our business there.
Of course, we are in business. The rationale behind the investment that we make in training and recruitment of duty solicitors is that they provide access to new work through the duty solicitor rotas. Option 3 supports those firms who, like us, have chosen to locate their offices in Newark in order to provide legal aid services to that particular community.
Newark deserves its own duty solicitor rota
Newark-on-Trent is the largest urban area within the Newark and Sherwood District. It has a population of just over 37 000 residents. Of the three firms in Newark that currently undertaking criminal Legal Aid work, only our firm has office both in Mansfield and Newark.
Should Option 1 have been adopted, Newark residents who are detained at Mansfield police station may very well be represented by a duty solicitor from a firm who only has an office in Mansfield. It is understandable that suspects will usually choose to have continuity of representation. This might be either whilst they remain on police bail, under investigation or following charge when the matter appears at court.
Prohibitive journey times
However, in seeking continuity, such clients would face a journey of 20 miles simply to see their solicitor to give instructions and take advice. By car that journey takes between 40 and 50 minutes. By public transport this time rises to 1 hour and 30 minutes for a single journey.
The same situation would of course have arisen in relation to residents of Mansfield who were represented by a duty solicitor who only had an office in Newark. It is true that many of those that require the services of criminal legal aid solicitors are vulnerable themselves and on a low income that would make such a journey very difficult.
It was our view that it was both unreasonable and unconscionable to expect those being investigated for criminal offences to have a return journey of three hours simply to see their solicitor. This stress and expense would be imposed on top of the emotional burden that the investigation of proceedings impose on any individual.
Local legal aid solicitors should be supported
Newark duty solicitor Barbara McDonnell
Option 2 supports those criminal legal aid firms who have chosen to locate their offices in Newark. This is in order to provide legal aid services to that community. It would mean that the arrangements within Option 2 could commence immediately following the closure of the Newark Custody Suite. Newark based firms would not have to suffer the inevitable financial hardship of not having access to Duty Solicitor work for a period of two months.
Such a decision might be seen as supportive of a legal aid provider base that it is acknowledged is financially fragile.
Perverse consequences of merging two duty schemes
The perverse consequences of Option 1 would have been to permit automatic access to Newark residents requesting the duty solicitor to firms solely based in Mansfield. Access to such Mansfield residents would have been granted to firms solely based in Newark.
Whilst some firms may have seen there to be a financial advantage in having a place on a merged duty scheme following the closure of Newark custody suite, this would have been to ignore the needs of local Newark residents. Financial advantage should never be allowed to outweigh the impact on those we represent and assist who are often ill-equipped to represent themselves.
On this basis, Options 2 and 3 would have been unattractive and unacceptable to clients where the duty solicitor may or may not have been based geographically convenient to them.
An increase in LAA costs?
Newark Legal Executive Advocate Nikki Carlisle
The LAA will have to budget for increased travel claims from Newark firms to Mansfield custody suite following the closure of Newark custody suite. An additional consequence might have been that the LAA had to fund more instances of advice and assistance in the police station.
It seemed likely that clients, once they discovered where their duty solicitor was based, would want to transfer to a local firm. Where the duty solicitor had been instructed a second fee may be properly claimable by the second local firm nearer to a suspects home address.
Clients to choose for themselves
Following the closure of Newark custody suite, if clients wish to choose a geographically distant firm then that must be a matter for them. To have a geographically distant firm inflicted upon them was a separate matter to be avoided where possible. The risk of a reduction in access to justice was apparent to all who considered the issue. The problem would be avoided by the adoption of Option 2.
Outcome of the Legal Aid Agency Consultation into the Newark Duty Solicitor scheme
The majority view of those who responded to the consultation was that the Newark Police Station Scheme be retained as a separate scheme. This is to be adopted by the Legal Aid Agency.
Duty solicitors on the Newark duty solicitor scheme will continue to be directed by the Duty Solicitor Call Centre (DSCC) to attend Mansfield Police Station upon the identification of a Newark detainee.
The police have confirmed that they will send out a further instruction to all the staff at Mansfield to make sure that they correctly identify with the DSCC suspects who fall under the Newark scheme. Although errors may occur, the police will actively monitor the position.
As a result, the Legal Aid Agency will issue a Newark rota for the period from January to March 2018. This will be subject to additional monitoring and review in late January or early February 2018 to consider if any changes are needed from April 2018 for the following six month rota.
Instruct a Newark crime solicitor
Despite the closure of Newark custody suite, the best way to ensure that you instruct a solicitor local to you if you are a Newark resident is to make sure you ask for VHS Fletchers if you are arrested and detained by the police.
If you know the police want to speak to you, contact us and we will be able to make the necessary arrangements for you to be interviewed.
Should you face proceedings at either the Magistrates’ or Crown Court then we will see you at our Newark office to take your instructions and give you expert advice.
This is the response of VHS Fletchers to the consultation paper released by the Legal Aid Agency (LAA) following the notification on 25 October 2017 of the closure of Newark custody suite with effect from 6 November 2017.
All Newark arrests from that date will be taken to and processed at Mansfield Custody Suite. The residents of Newark have already lost one public resource, that being the ability of the police station to process prisoners. There is a very real risk that they will lose another – detainees receiving advice from solicitors local to Newark.
The consultation document invites responses to three alternative revisions to the Newark and Mansfield Police Station Duty Solicitor Schemes. Only one of those appears to put the needs of those from Newark who are arrested first.
Since the consultation document was published there have been two important indications from the police which impact upon the proposals:
Cases that are identified as Newark cases will continue to be charged and either bailed or held to appear at Nottingham Magistrates’ Court rather than Mansfield Magistrates’ Court.
The police will continue to contact the Newark Duty Solicitor Scheme in cases which are identified as “Newark arrests” and will ensure that the Duty Solicitor Call Centre (“DSCC”) is informed in all cases where the detainee was arrested for an offence committed in Newark.
It follows from these indications that Mansfield custody suite is able to and intends to identify cases that have historically been dealt with at Newark police station. As a result, they should be able to direct those who seek the advice of a duty solicitor to a firm local to Newark.
The proposed options for changes to the scheme can be summarised as follows:
That the Newark Police Station Duty Scheme is merged with the Mansfield Police Station Duty Scheme with effect from 1 January 2018 with members of an extended Mansfield scheme covering both Mansfield and Newark police stations.
That the Newark Police Station Scheme is retained as a separate scheme and Duty Solicitors on the Newark rota will be directed by the DSCC to attend at Mansfield police station.
Newark Police Station Scheme retained as a separate scheme and firms post 1 January 2018 can elect to join either the Mansfield police station duty rota or standalone Newark scheme (if retained under option 2)
The LAA have helpfully indicated that they prefer option 1. The reason given is that options 2 and 3 are reliant upon the police being able to identify to the DSCC “Newark cases”. A more cynical view might be that the LAA and DSCC would have one less scheme to administer under option 1, resulting in an inevitable reduction in administration costs.
Fortunately, since the consultation document was published, the police have set out their intention to continue to identify Newark cases at the point of arrest and charge.
As a result, there appears to be no requirement for option 1 to be adopted unless there are ulterior motives on behalf of the LAA.
VHS Fletchers supports Option 2 for the following reasons:
This firm’s investment in Newark
Newark crime solicitor Ian Carter
When new legal aid contracts were to be awarded this firm chose to apply for a contract for a new Newark office. The closure of Newark custody suite was not anticipated. The office is staffed with two crime solicitors local to Newark – Ian Carter and Barbara McDonnell. We have since recruited a further Newark based lawyer – Legal Executive Advocate Nikki Carlisle – signalling a clear indication to continue to develop our business there.
Of course, we are in business. The rationale behind the investment that we make in training and recruitment of duty solicitors is that they provide access to new work through the duty solicitor rotas. Option 3 supports those firms who, like us, have chosen to locate their offices in Newark in order to provide legal aid services to that particular community.
Newark deserves its own duty solicitor rota
Newark legal executive advocate Nikki Carlisle
Newark-on-Trent is the largest urban area within the Newark and Sherwood District. It has a population of just over 37 000 residents. Of the three firms in Newark that currently undertaking criminal Legal Aid work, only our firm has office both in Mansfield and Newark.
Should Option 1 be adopted, Newark residents who are detained at Mansfield police station may very well be represented by a duty solicitor from a firm who only has an office in Mansfield. It is understandable that suspects will usually choose to have continuity of representation. This might be either whilst they remain on police bail, under investigation or following charge when the matter appears at court.
Prohibitive journey times
However, in seeking continuity, such clients would face a journey of 20 miles simply to see their solicitor to give instructions and take advice. By car that journey takes between 40 and 50 minutes. By public transport this time rises to 1 hour and 30 minutes for a single journey.
The same situation will of course arise in relation to residents of Mansfield who are represented by a duty solicitor who only has an office in Newark. It is true that many of those that require the services of criminal legal aid solicitors are vulnerable themselves and on a low income that would make such a journey very difficult.
It is our view that it is both unreasonable and unconscionable to expect those being investigated for criminal offences to have a return journey of three hours simply to see their solicitor. This stress and expense would be imposed on top of the emotional burden that the investigation of proceedings impose on any individual.
Local legal aid solicitors should be supported
Newark crime solicitor Barbara McDonnell
Option 2 supports those criminal legal aid firms who have chosen to locate their offices in Newark. This is in order to provide legal aid services to that community. It would mean that the arrangements within Option 2 could commence immediately following the closure of the Newark Custody Suite. Newark based firms would not have to suffer the inevitable financial hardship of not having access to Duty Solicitor work for a period of two months.
Such a decision would be seen as supportive of a legal aid provider base that it is acknowledged is financially fragile.
Perverse consequences of merging two duty schemes
The perverse consequences of Option 1 would be to permit automatic access to Newark residents requesting the duty solicitor to firms solely based in Mansfield. Access to such Mansfield residents would be granted to firms solely based in Newark.
Whilst some firms may see there is a financial advantage in having a place on a merged duty scheme following the closure of Newark custody suite, this would be to ignore the needs of local Newark residents. Financial advantage should never be allowed to outweigh the impact on those we represent and assist who are often ill-equipped to represent themselves.
On this basis, Options 2 and 3 would be unattractive and unacceptable to clients where the duty solicitor may or may not be based geographically convenient to them.
An increase in LAA costs?
The LAA will have to budget for increased travel claims from Newark firms to Mansfield custody suite following the closure of Newark custody suite. An additional consequence is likely to be that the LAA has to fund more instances of advice and assistance in the police station. It seems likely that clients, once they discover where their duty solicitor is based, will want to transfer to a local firm. Where the duty solicitor has been instructed a second fee may be properly claimable by the second local firm nearer to a suspects home address
Clients to choose for themselves
Following the closure of Newark custody suite, if clients wish to choose a geographically distant firm then that must be a matter for them. To have a geographically distant firm inflicted upon them is a separate matter that should be avoided where possible. The risk of a reduction in access to justice must be apparent to all who consider the issue. The problem would be avoided by the adoption of Option 2.
Instruct a Newark crime solicitor
VHS Fletchers criminal solicitors – Newark office
Despite the closure of Newark custody suite, the best way to ensure that you instruct a solicitor local to you if you are a Newark resident is to make sure you ask for VHS Fletchers if you are arrested and detained by the police. We offer free and independent legal advice on 01636 614013, 24 hours a day, 7 days a week, 52 weeks of the year.
If you know the police want to speak to you, contact us and we will be able to make the necessary arrangements for you to be interviewed.
Should you face proceedings at either the Magistrates’ or Crown Court then we will see you at our Newark office to take your instructions and give you expert advice.
Please use the contact form below if you wish to email your enquiry.
Today has seem the publication of the Lammy Review. This is the result of an independent enquiry overseen by David Lammy MP into the treatment of, and outcomes for, Black, Asian and Minority Ethnic (BAME) individuals in the Criminal Justice System.
The need for a review arose because of concerns such as despite making up just 14% of the population, BAME men and women make up 25% of prisoners. Over 40% of young people in custody are from BAME backgrounds.
It is clear that there are very real problems in the justice system as it impacts on those BAME individuals caught up in the system.
Many sensible suggestions in the Lammy Review
Many of the suggestions within the Lammy Review, while clearly sensible, will require more money and resources in the short to medium term, but could deliver both financial savings and savings in terms of wasted lives later on.
To bring in the proposals, aside from the money, there will need to be a change in mind set from politicians. This will have to be coupled with an intention to ‘do the right thing’ and not allow justice policy to be dictated by the tabloid press.
Proposals such as increased diversity in the make-up of Magistrates, deferred prosecutions allowing earlier structured intervention from agencies or the idea of a person’s criminal record being ‘sealed’ following a demonstration that a criminal history is in the past all seem reasonable changes to make.
Missed opportunity to challenge pre-conceptions?
The Lammy Review identifies that many of the problems that arise are due to the perceptions that BAME individuals may hold about the fairness of the system. The report identifies a lack of trust in legal aid-funded solicitors among both White and BAME offenders as a particular problem.
When spoken to. many questioned the motives of the legal aid solicitors, who were often viewed as representing ‘the system’ rather than their clients’ interests. Offenders commonly believed that solicitors did not have the time or the capacity to advise them effectively in any case.
For example, one prisoner comments “I mean, obviously they don’t really care: they’re duty, they’re working for the police as well.”
A second prisoner confirmed, “I’ve spoken to a lot of people where they have had situations where it almost feels like the duty legal team has taken the opportunity to go to trial, when the individual would have been much better off pleading guilty, the odds were stacked against them, but from a solicitor’s point of view there’s obviously financial benefit for them to continue to trial.”
It is unclear whether any attempts were made to correct the perceptions held by these commentators. It is certainly dangerous to let the views go unchallenged. The ultimate, and perhaps unintended, effect may well be to deter people of whatever background in seeking legal advice during the investigation of an offence.
The Lammy Review would certainly have had an opportunity to comment on whether the views were reasonably held, but seems to have declined to comment one way or another. In relation to particular cases, authority could have been sought to seek the solicitor’s file to see what advice had been given and why. This could have ensured a proper evidential base to support or refute the perceptions.
Lack of action from the Law Society?
Concerns have been expressed that The Law Society fails to promote the services of criminal solicitors in the same way that they endlessly promote family law, wills and conveyancing. The ability to instruct a solicitor to advise a person in the police station is an important right. The Law Society must have an important role in public legal education.
It appears that the burden of such education might fall to individual criminal solicitors. Coincidentally I published an article here earlier this week. Some of the content could be adapted and used locally by practitioners to try and alter damaging perceptions.
An opportunity to stress the independence of criminal solicitors
Criminal legal aid solicitors should use this opportunity to stress that although we are paid by the Government, the free advice and representation that we give is entirely independent of the Government.
Although it is the police who will call us if a suspect is detained in a police station, the free advice and representation that we give is entirely independent of the police. Although it is the Legal Aid Agency that regulates which firms can hold a legal aid contract, the approval of who can act as a duty solicitor is entirely independent of that Agency.
Our professional duty is to our clients, not the Ministry of Justice. This involves a duty to give advice that they need to make the right decisions in their case. It includes a duty of confidentiality. Unless instructed to do so by a client, our advice and their instructions will remain confidential even after the case has ended.
Can legal aid solicitors do more?
As part of a process to change perceptions, legal aid solicitors should share accounts of the work that they undertake and the difference that they can make to their clients’ situation. We publish such accounts on our website. With one or two exceptions, none of the cases are unusual. They hopefully demonstrate the value to clients of instructing an expert in criminal law throughout the lifetime of a criminal case.
The Lammy Review should be taken as an opportunity for criminal legal aid solicitors and their representative bodies to show the work that we do and stress the positive outcomes that we achieve. This, and the positive experiences of our clients, will be the way to correct the false perceptions reported.
Although previously linked with VHS Fletchers as a consultant, we are pleased to announce that Chesterfield crime solicitor and protest law specialist Gavin Haigh is now an employed member of our criminal team.
Gavin prides himself on his meticulous attention to detail. His robust defence of clients on all matters makes him a formidable advocate and police station representative. Gavin is not shy to raise objections when required and forcefully protect his client’s rights at all times.
Specialist in Protest Law
Gavin has been a qualified solicitor and Duty Solicitor for 12 years and during that period he has has found a particular interest and specialism in the criminal law as it affects protests and marches.
This can involve advice on:
the policing of university protests
the policing of political protests
advising on general animal welfare issues
providing advice relating to environmental protests including recent advice relating to anti-fracking protests
Gavin has represented clients interviewed or charged as a result of their alleged activities including anti-fur demonstrations and hunt monitoring. This is an area of law where solicitors are instructed as a result of word of mouth and the trust that is built on previous client representation. As a result the continued instruction of Gavin is a ringing endorsement of his abilities.
Unique flexible appointments for our clients
Although Gavin will be based in our Chesterfield office, his flexible working arrangements will bring additional benefits to our Derbyshire clients. Gavin is happy to offer appointments with clients and their witnesses outside normal office hours and outside the office setting.
This flexibility recognises that it is not always possible for people to easily make time away from work commitments to travel to see a solicitor during normal office hours. This service, along with his willingness to arrange appointments around our clients’ availability (such as in the evening or weekend) will further demonstrate our commitment to put our clients first. These are arrangement are, of course, in addition to our commitment to provide 24 hour emergency advice and representation.
It may be of significance to existing or potential clients that we are not aware of any other firm of criminal solicitors in Chesterfield offering a similar service.
Attention to detail and robust defence
Gavin prides himself on his meticulous attention to detail. His robust defence of clients on all matters makes him a formidable advocate and police station representative. Gavin is not shy to raise objections when required and forcefully protect his client’s rights at all times.
If you face a police investigation or court proceedings for any offence and particularly allegations arising out of public protests protest law issues, then you can contact Chesterfield at our Chesterfield office on 01246 283000. Alternatively you can use the form below to email your enquiry to us.
As a duty solicitor on the Nottingham scheme Helen will represent those on bail or in custody, adults or youths, who don’t have a particular solicitor that they want to instruct. They are generally able to use the services of the Duty Solicitor.
Nottingham Duty Solicitor Scheme
On this occasion her client was a 17 year old appearing before Nottingham Youth Court. He faced an allegation of common assault. He was going to plead guilty to the allegation.
He had attended court with his mother and step mother. The case was not out of the ordinary or particularly serious. It was clear, however, that Helen’s client and the two family members were treating the matter very seriously. The son clearly regretted his actions.
As a duty solicitor, Helen will often meet clients who do not know anything about the court process or procedure. They will not know the likely sentence for their offending. As a result, Helen spends the time that it takes to ensure that they understand what is likely to happen in the court hearing. She will advise on the likely outcome.
In this case Helen’s client pleaded guilty. He had not been to court before so the court was able to sentence him immediately. Much positive mitigation could be put. He received a three month Referral Order.
Positive Client Feedback
Helen was surprised when, shortly after the hearing, she received a thank you card from the family.
She was touched that they had taken the time to send it, and it was a reminder that all court cases are important to the people who take part in them.
Contact Nottingham Duty Solicitor Helen Lees
You will be able to take advantage of the services of the duty solicitor when you attend court for the first time but you may benefit from early advice and preparation. Duty solicitors will be unable to deal with trials, for example. Legal aid will often be available. Alternatively we are likely to be able to deal with your case by affordable fixed-fee representation.
If you face criminal proceedings and wish to speak to Helen then please contact her on 0115 9441233 or email her here.
