Monday 22 April 2013

The Ministry of Justice will kill Justice


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Solicitors are preceived to be rich. They're perceived to be parasites who live off the misfortune of others, who care little for Justice, use the rules purely to their clients' advantage, care little for the "victim" and are only interested in making money.

I remember one "client" who told me what I had to do despite what he wanted me to do being wrong and stupid telling me, when I sacked him, that I was "just like all the rest, only in it for the money". The fact that he wasn't paying me and he hadn't bothered to assist me in applying for legal aid was lost on him.
I wasn't getting paid to listen to his abuse.

The Ministry of Justice has recently launched a "consultation" on the future of criminal legal aid. Lijke most, if not all, Government "consultations" its not a consultation about the policy, but a consultation about implementation. Opposition is seen as self-serving, self-interest. The fact that what is beng proposed is clearly unworkable and wrong, is neither here nor there.
Suggest alternatives, we are urged. The country can't afford our overly generous legal aid system
Apparently just over £1 billion is spent on criminal legal aid. Is it? Where are the figures?

Most people don't care about legal aid. Most people don't get into trouble with the Police and have little sympathy for those who do. Most people have little empathy with an offender and most people assume that if you have been arrested then its because you've done something wrong. In a time of cut backs and job losses spending money on some "drug addicted scrot of a burglar" isn't a great rallying cry.

When arrested for the first time Mr or Mrs Ordinary will rarely ask for the Duty Solicitor usually because:
1 the nice arresting Police Officer has advised that if they do ask for a Solicitor it will cause delay; and/or
2 only the guilty get a solicitor  "and as I'd done nothing wrong I thought I'd just get on with it myself".

Most people, having listened to the nice Officer and/or having made a free choice to deal with the interview themselves regret that decision once they have been charged to Court. "I wish I'd got you when I was being interviewed", they say.

A Police Station is not a place for the faint hearted.  Police Officers are driven to resolve a crime. That means if they can charge someone (or, these days, give them a caution) the jobs a good'un. Crime reported, crime detected. It's a fair cop.

What if you are innocent. What if you didn't do what has been alleged. How do you deal with the Police. How do you get to see the cctv evidence? What do you say? "All we want is for you to tell the truth and to tell us your side of the story".
But what is the truth?

Its 3 in the morning. You are a bit hung over. You're sure that she came on to you. "Yes she did. She came on to me and she said, let's go upstairs. She was drunk, I think. But she wanted it."
How were you to know she was 15. You're only 17 yourself.

On another day, your girlfriend is in the nick:
"Look,darlin', she walked up to me and she said "You're nowt but a fucking slag!" She spat in my face so I grabbed her by the hair, there was a tussle, I remember that.We fell to the floor. The bouncers got involved. He grabbed me by the hair. I'd forgotten about the glass in my hand, honest I did.
Section 18? What's that?"

Does it all seem so simple and easy and straight forward now?

When you are in the Police Station, would you want a Solicitor who knows what they are doing? Who is experienced. Who attends the Courts regularly?

The Ministry of Justice wants to end that. They want to end your right to choose. They want to restrict the numbers of firms who can offer criminal legal aid and restrict your right to choose. Why? Because they say it will save money? Will it? Probably not.

Because they want Big Business like G4S and Serco and other companies to get involved. The friends of Government advising suspects. There will be a Price Competitive Tender process. The cheapest will win. Cheap means poor quality. Poor quality means poor advice.

Your rights will have been removed.

Maybe you don't care. Maybe it doesn't matter to you today.

But one day it might.

Please sign this petition.