By Victoria Mckeown-
The British government needs to invest in the criminal defence sector, if victims of injustice are to obtain justice, the Law Society has told a government-commissioned review.
An extensive submission to the Independent Criminal Legal Aid Review by the Law Society says a growing number of criminal legal aid firms are closing their doors or struggling to retain talent, while insufficient younger solicitors are coming through to replace an ageing population, especially on duty solicitor schemes.
The Law Society said that firms are losing talent to the Crown Prosecution Service, which offers better pay, pension and work-life balance.
Universities, aware of the challenges of criminal defence work, are reluctant to encourage students to become criminal defence lawyers.
The review will consider the criminal legal aid system as a whole, focusing on five key themes: resilience, transparency, competition, efficiency and diversity.
It calls for high-quality legal advice and representation to be appropriately funded, and provides value for money to the taxpayer
responds to user needs both now and in the future contributes to the efficiency and effectiveness of the criminal justice system
The Law Society has pointed out that duty solicitor schemes have fewer than the minimum of seven required to ensure a different lawyer is on duty for a full 24 hours every week.
The Society says: ‘It may be tempting to think that there are sufficient firms and crime solicitors in the system now, so there is no need to worry about supply, however in reality we are standing on a cliff edge.
Large sections of the British society who may be facing extremely serious charges that could potentially lead to imprisonment or other penalties that could have a damaging and long-lasting impact on their lives.’
Collapse Fears
The Society warns that the criminal defence profession could collapse if the government does not increase funding. Also concerning the society is underfunding, shortage of trainees and young solicitors, reduced numbers of duty solicitors, and criminal legal aid firms.
Large areas of the country face a future with few or no duty solicitors available to represent defendants, with adverse consequences for victims, witnesses, and the effectiveness and efficiency of the criminal recommendations include an independent ‘fee review board’ responsible for setting fees annually and government-funded training grants to increase the number of criminal legal aid trainees.
Law Society president I. Stephanie Boyce said in a statement: ‘If defence solicitors are not supported now, they will not be there when justice is needed in the future, leaving victims in limbo and the accused potentially deprived of a fair trial… The review must recommend that the government provides the investment needed to ensure the long-term sustainability of the sector and must do so before it is too late.’