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| More legal aid cuts will lead to poor relying on 'second best' lawyers | More legal aid cuts will lead to poor relying on 'second best' lawyers |
| (35 minutes later) | |
| Poor defendants in criminal cases will be condemned to be represented by "second best" lawyers under proposals to slash the costs of legal aid, the chair of the Bar Council has warned. | Poor defendants in criminal cases will be condemned to be represented by "second best" lawyers under proposals to slash the costs of legal aid, the chair of the Bar Council has warned. |
| Maura McGowan QC, who this month took charge of the organisation representing barristers in England and Wales, fears that employing fewer, highly qualified lawyers will result in more expensive mistakes in court. | Maura McGowan QC, who this month took charge of the organisation representing barristers in England and Wales, fears that employing fewer, highly qualified lawyers will result in more expensive mistakes in court. |
| Her warnings follow suggestions by the justice secretary, Chris Grayling, that further cuts to the legal aid bill were needed. | Her warnings follow suggestions by the justice secretary, Chris Grayling, that further cuts to the legal aid bill were needed. |
| "Of course, everyone deserves a defence," Grayling said. "But when you look at costs involved in some cases, you have to ask whether we can afford to provide this level of support in criminal trials. Criminal legal aid costs £1bn a year, and at a time like this, you have to challenge whether taxpayers are getting appropriate value for money." | |
| In an article for the Sunday Times, Grayling said: "The question is whether access to that defence is being given in a way that provides the right balance between the needs of justice and the needs of the public purse. And whether all too often we are paying for a legal 'Rolls-Royce' and not something that can do the job equally well. The truth is we cannot afford to pay for that Rolls-Royce any more. | In an article for the Sunday Times, Grayling said: "The question is whether access to that defence is being given in a way that provides the right balance between the needs of justice and the needs of the public purse. And whether all too often we are paying for a legal 'Rolls-Royce' and not something that can do the job equally well. The truth is we cannot afford to pay for that Rolls-Royce any more. |
| "… That might mean making more use of the best and brightest among our younger barristers and solicitors, and less use of those legal Rolls-Royces; or paying for a single lawyer, and not a team, in court … The cake today has to become smaller, and so it has to go further to ensure that we provide justice." | "… That might mean making more use of the best and brightest among our younger barristers and solicitors, and less use of those legal Rolls-Royces; or paying for a single lawyer, and not a team, in court … The cake today has to become smaller, and so it has to go further to ensure that we provide justice." |
| Responding to Grayling's article, McGowan said: "How can he say that British lawyers are wonderful and doing a great job but if you are on legal aid, you can't have them and instead will have to make do with an inexperienced junior? | Responding to Grayling's article, McGowan said: "How can he say that British lawyers are wonderful and doing a great job but if you are on legal aid, you can't have them and instead will have to make do with an inexperienced junior? |
| "If someone is charged with the most serious of offences or it's a particularly complex case, they must be entitled to the best standard of representation. Grayling said that a junior [barrister] costs only half of a silk [a QC]. That's not necessarily true. | "If someone is charged with the most serious of offences or it's a particularly complex case, they must be entitled to the best standard of representation. Grayling said that a junior [barrister] costs only half of a silk [a QC]. That's not necessarily true. |
| "The justice secretary seems to be saying you can't have a silk and you can only have the second best. Lack of experience is a very dangerous thing. We are all happy, for example, to have junior doctors doing straightforward jobs like stitching up an arm but if it's heart surgery you want someone who has the right expertise." | "The justice secretary seems to be saying you can't have a silk and you can only have the second best. Lack of experience is a very dangerous thing. We are all happy, for example, to have junior doctors doing straightforward jobs like stitching up an arm but if it's heart surgery you want someone who has the right expertise." |
| The Ministry of Justice (MoJ) released figures highlighting the costs of a small number of high-profile, legal-aid-funded cases. They showed that one money-laundering case during 2009-2010 cost the taxpayer £15.7m, while a terrorism trial the following year cost £14.7m. | |
| The ministry said it had spent £444,220.21 to date to defend Steven Wright, who was jailed in February 2008 for the murder of five prostitutes in Ipswich. | The ministry said it had spent £444,220.21 to date to defend Steven Wright, who was jailed in February 2008 for the murder of five prostitutes in Ipswich. |
| More than £1m had also been paid by the Legal Services Commission, which is responsible for the legal aid budget, in relation to the trial of the disgraced Turkish-Cypriot businessman Asil Nadir, the MoJ said. | More than £1m had also been paid by the Legal Services Commission, which is responsible for the legal aid budget, in relation to the trial of the disgraced Turkish-Cypriot businessman Asil Nadir, the MoJ said. |
| Grayling's comments came as the legal profession is adjusting to deep cuts of £350m in civil and family legal aid, which come into effect this month. The MoJ confirmed it was reviewing where further savings in legal aid could be made. | Grayling's comments came as the legal profession is adjusting to deep cuts of £350m in civil and family legal aid, which come into effect this month. The MoJ confirmed it was reviewing where further savings in legal aid could be made. |
| Fees for criminal legal aid have already been reduced. Legal aid rates for criminal barristers have fallen by 13.5% over the past three years, according to the Bar Council. Fees in murder and homicide cases have fallen even faster. | Fees for criminal legal aid have already been reduced. Legal aid rates for criminal barristers have fallen by 13.5% over the past three years, according to the Bar Council. Fees in murder and homicide cases have fallen even faster. |
| Last year the Criminal Bar Association threatened to strike in protest at the damage inflicted by successive cuts. McGowan told the Guardian: "There's undoubtedly pretty low morale in the criminal bar. Most people feel they are under attack from one thing or another, including cuts in fees. People feel pretty beleaguered. Talk of strike was a sign of how desperate they are feeling." | Last year the Criminal Bar Association threatened to strike in protest at the damage inflicted by successive cuts. McGowan told the Guardian: "There's undoubtedly pretty low morale in the criminal bar. Most people feel they are under attack from one thing or another, including cuts in fees. People feel pretty beleaguered. Talk of strike was a sign of how desperate they are feeling." |
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