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Criminal legal aid cuts prompt protest by northern lawyers Criminal legal aid cuts prompt protest by northern lawyers
(5 months later)
Hundreds of barristers and solicitors are holding an all-day protest meeting against government plans to cut criminal legal aid and end defendants' right to choose their lawyer.Hundreds of barristers and solicitors are holding an all-day protest meeting against government plans to cut criminal legal aid and end defendants' right to choose their lawyer.
Members of the northern circuit have gathered at a Manchester hotel to debate Ministry of Justice proposals that would also introduce competitive tendering for legal contracts and impose new quality standards.Members of the northern circuit have gathered at a Manchester hotel to debate Ministry of Justice proposals that would also introduce competitive tendering for legal contracts and impose new quality standards.
The extent of the disruption to courts across northern England was limited after judges refused permission to adjourn major trials such as the one at Preston crown court of Dale Cregan, who is accused of murdering two policewomen.The extent of the disruption to courts across northern England was limited after judges refused permission to adjourn major trials such as the one at Preston crown court of Dale Cregan, who is accused of murdering two policewomen.
More than 300 barristers were meeting in a room of the Radisson hotel to condemn what they said was a threat to their profession, and a move that risked undermining the right to a fair trial. Solicitors gathered elsewhere in the building to express support.More than 300 barristers were meeting in a room of the Radisson hotel to condemn what they said was a threat to their profession, and a move that risked undermining the right to a fair trial. Solicitors gathered elsewhere in the building to express support.
A spokesman for the barristers said: "[The] turnout demonstrates the strength of feeling across the criminal bar. There is a sense of unity within the room.A spokesman for the barristers said: "[The] turnout demonstrates the strength of feeling across the criminal bar. There is a sense of unity within the room.
"In a ballot earlier this week, an overwhelming majority of the specialist barristers on the northern circuit resolved to meet together … in an unprecedented move to hold an all-day debate over the government's plan to transform the criminal justice system, which also poses a threat to the future of the profession of criminal barrister."In a ballot earlier this week, an overwhelming majority of the specialist barristers on the northern circuit resolved to meet together … in an unprecedented move to hold an all-day debate over the government's plan to transform the criminal justice system, which also poses a threat to the future of the profession of criminal barrister.
"Notice has been given in advance to the courts and senior judges so that they can take steps to minimise the inevitable disruption. The urgency of the situation is the direct result of the unexpected acceleration of the consultation process, which envisages imminent, devastating changes to the criminal justice system and which demands a swift and considered response from barristers who work passionately prosecuting and defending crown court cases.""Notice has been given in advance to the courts and senior judges so that they can take steps to minimise the inevitable disruption. The urgency of the situation is the direct result of the unexpected acceleration of the consultation process, which envisages imminent, devastating changes to the criminal justice system and which demands a swift and considered response from barristers who work passionately prosecuting and defending crown court cases."
Seeking leave to attend the meeting, the Cregan trial prosecutor, Nicholas Clarke QC, told the judge, Mr Justice Holroyde, last week that all counsel believed it was "of the utmost importance" that they attend the meeting, and it was their professional duty to do so.Seeking leave to attend the meeting, the Cregan trial prosecutor, Nicholas Clarke QC, told the judge, Mr Justice Holroyde, last week that all counsel believed it was "of the utmost importance" that they attend the meeting, and it was their professional duty to do so.
He said: "The [MoJ] proposals will undermine the position of the independent bar, irretrievably and forever. We will have to address their impact on the future of the independent bar as a resource to which the public can turn in order to prosecute the most serious cases that come before the courts. They would also impact on the high professional standards that we seek to uphold.He said: "The [MoJ] proposals will undermine the position of the independent bar, irretrievably and forever. We will have to address their impact on the future of the independent bar as a resource to which the public can turn in order to prosecute the most serious cases that come before the courts. They would also impact on the high professional standards that we seek to uphold.
"The proposals would necessarily undermine professional standards as advocates in the future would only work for the prosecution or for one of the very few companies who had bid the lowest price to provide defendants in all cases with representation. No defendant will be able to choose a company on the basis of reputation or service.""The proposals would necessarily undermine professional standards as advocates in the future would only work for the prosecution or for one of the very few companies who had bid the lowest price to provide defendants in all cases with representation. No defendant will be able to choose a company on the basis of reputation or service."
Lawyers in the case were told they could not attend the Manchester meeting.Lawyers in the case were told they could not attend the Manchester meeting.
The Bar Council, which represents barristers across England and Wales, said: "There is significant anger and disappointment at the criminal bar at the prospect of further cuts. We are picking through every detail of the consultation paper to understand the full consequences of what is being proposed, to provide the evidence to explain the true ramifications for the justice system. That remains our core and most immediate focus."The Bar Council, which represents barristers across England and Wales, said: "There is significant anger and disappointment at the criminal bar at the prospect of further cuts. We are picking through every detail of the consultation paper to understand the full consequences of what is being proposed, to provide the evidence to explain the true ramifications for the justice system. That remains our core and most immediate focus."
Among the more controversial proposals the Ministry of Justice unveiled earlier this month is the introduction of competitive tendering for legal aid contracts in magistrates courts and police stations, in an attempt to drive down fees.Among the more controversial proposals the Ministry of Justice unveiled earlier this month is the introduction of competitive tendering for legal aid contracts in magistrates courts and police stations, in an attempt to drive down fees.
The new contracts will be far larger than existing, centrally fixed agreements, and are likely to lead to further consolidation among solicitors' firms.The new contracts will be far larger than existing, centrally fixed agreements, and are likely to lead to further consolidation among solicitors' firms.
Responding to the disruptive protest by northern circuit lawyers, a ministry spokesperson said: "It would be disappointing if some lawyers were to choose to disrupt court schedules. This would not help them, and simply inconveniences the court, the public and their clients.Responding to the disruptive protest by northern circuit lawyers, a ministry spokesperson said: "It would be disappointing if some lawyers were to choose to disrupt court schedules. This would not help them, and simply inconveniences the court, the public and their clients.
"At this stage, the government is consulting on proposals to reform legal aid in criminal law, to increase public confidence and encourage efficiency. We encourage lawyers to talk to us about the plans and respond to the consultation, rather than taking disruptive action.""At this stage, the government is consulting on proposals to reform legal aid in criminal law, to increase public confidence and encourage efficiency. We encourage lawyers to talk to us about the plans and respond to the consultation, rather than taking disruptive action."
The justice secretary, Chris Grayling, said: "We have an excellent tradition of legal aid and one of the best legal professions in the world. But we cannot close our eyes to the fact legal aid is still costing too much. It is not free money: it is paid for by hardworking taxpayers, so we must ensure we get the very best value for every penny spent.The justice secretary, Chris Grayling, said: "We have an excellent tradition of legal aid and one of the best legal professions in the world. But we cannot close our eyes to the fact legal aid is still costing too much. It is not free money: it is paid for by hardworking taxpayers, so we must ensure we get the very best value for every penny spent.
"I am clear we will continue to uphold everyone's right to a fair trial. But that doesn't mean we shouldn't look again at how the system which provides this is operated.""I am clear we will continue to uphold everyone's right to a fair trial. But that doesn't mean we shouldn't look again at how the system which provides this is operated."
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