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A barrister demonstrates in support of legal aid
A barrister demonstrates in support of legal aid outside parliament last year. Solicitors are protesting against 17.5% cuts in legal aid fees and the restructuring of their profession. Photograph: Peter Macdiarmid/Getty Images
A barrister demonstrates in support of legal aid outside parliament last year. Solicitors are protesting against 17.5% cuts in legal aid fees and the restructuring of their profession. Photograph: Peter Macdiarmid/Getty Images

Criminal justice delays grow as legal aid boycott takes hold

This article is more than 8 years old

Police say cases are backing up in custody suites as lawyers protesting against cuts in legal aid fees refuse to provide representation

Delays are beginning to build up in the criminal justice system as a boycott of legal aid cases by solicitors gradually takes effect.

The Ministry of Justice’s legal service, the Public Defender Service (PDS), has been deployed to provide emergency cover in cases where lawyers are refusing to provide representation. South Yorkshire police and other forces have confirmed that cases are backing up in custody suites and interview rooms.

Solicitors, who are protesting against 17.5% cuts in legal aid fees and the restructuring of their profession, claim their action across England and Wales is already having a significant impact. The Ministry of Justice denies it is causing serious disruption.

The PDS, which has only about 30 directly employed lawyers, was last used in an attempt to undermine a walkout by barristers last year over cuts to fraud case fees. It has offices in Wales, Cheltenham and Darlington.

Solicitors, who have been refusing to accept fresh legal aid work on reduced rates that came into force on on 1 July, claim that the Defence Solicitor Call Centre (DSCC), which allocates cases, is in a state of chaos.

Bill Waddington, the chair of the Criminal Law Solicitors Association (CLSA), said: “Cases are backing up in the police stations because they can’t find lawyers to represent suspects. It’s absolute chaos in the DSCC because they can’t give out cases [to lawyers]. Many people are being bailed by police because officers know they can’t find anyone to take on cases.”

Trials have not yet been affected, the solicitors concede, but some magistrates courts are said to be sitting longer, sometimes into the early evening, since there are few lawyers around to defend the accused.

Being lawyers, the protesters refuse to describe their action as a strike since, they point out, duty solicitors on rotas are honouring their contracts to represent suspects on first appearance.

In Bristol, a murder case has had to be adjourned for several weeks so the defendant can get representation.

A spokesperson for South Yorkshire police, who confirmed that the solicitors’ action was having an impact, said: “We continuously endeavour to reduce the time individuals spend in custody in order to provide a more efficient service. Any delays in legal advice are directly contrary to these goals and the welfare of the people who ask for their service.”

Jon Black, the president of the London Criminal Courts Solicitors’ Association (LCCSA), said: “The DSCC only give out one case at a time. This action is having an impact. A lot of barristers are informally backing us.”

A Ministry of Justice spokesperson said: “The courts have been sitting as usual and the vast majority of cases requiring a solicitor at the police station have been picked up within an hour.”

Chris Eyre, chief constable of Nottinghamshire and the National Police Chiefs’ Council lead for criminal justice, said: “We understand that as a result of the legal aid strikes there has been some isolated disruption in some custody suites in forces in England and Wales, with those taken into custody having to wait longer to get legal advice or be interviewed. There is no evidence at this stage that disruption has been widespread.”

In a separate development, the Ministry of Justice has loosened restrictions on whether victims of domestic violence are entitled to legal aid in family cases.

Victims must have suffered domestic violence within the previous two years to qualify for legal aid. A technical rule has meant once that time period elapsed, even after a case had started, then legal aid was withdrawn – sometimes just before a hearing.

The MoJ has now said that once support has been granted it will remain for the duration of a legal dispute. The change was immediately welcomed by the Law Society and Resolution, the body representing lawyers working in the family courts.

Andrew Caplen, the president of the Law Society, said: “Legal aid is a lifeline for victims of abuse and access to justice is essential in these cases. ... Legal aid cuts have resulted in radical consequences for access to justice with the worst impact affecting the poorest and most vulnerable sectors of society.

“We are pleased that the government has fixed this unconsidered technicality – one which was causing serious injustice to some victims of abuse. But the over-strict tests required by the regulations still mean some survivors are excluded from accessing legal aid for family law disputes against an abusive ex-partner or relative, and we hope the MoJ will continue to work with us to resolve these problems.”

Elspeth Thomson, of Resolution, said: “It’s great that the government has listened to legal aid practitioners and made these much-needed changes so victims can be assured of support throughout their case, but we still have a long way to go.

“Many domestic violence victims struggle to gather the evidence they need to get legal support and many more don’t even know that legal aid is still available. People’s health and lives are potentially in danger because of the difficulties they face in getting the legal support they need to get themselves out of an abusive relationship. While this is a welcome step, the government needs to do more.”

The change was made by the legal aid minister, Shailesh Vara. A Ministry of Justice spokesperson said: “This government is absolutely clear that victims of domestic violence must receive legal aid in order to break free from abusive relationships.

“Organisations including Rights of Women, Women’s Aid and Resolution pressed for loopholes in the legal aid system to be closed so that funding is not withdrawn prematurely in certain circumstances.

“Having listened carefully to their arguments, ministers have agreed to amend the rules so that victims of domestic violence can be confident they will receive the support they need.”

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