Crown court changes would deny justice for vulnerable
Jun 17 2009 by Tom Scotney, Birmingham Post
Government proposals for Crown Court means testing could deny vulnerable people access to justice and are being rushed in too quickly, the Law Society has warned.
in its consultation response on Crown Court means testing, the Society says the Ministry of Justice has failed to consider the current economic climate which has seen many people build up excessive debts in the downturn
Law Society legal aid manager Richard Miller, said: “The Society is very concerned about the implications of this as the proposed eligibility thresholds could deny vulnerable people access to justice. While we have sympathy with the idea that those who are found guilty of criminal offences and can afford to pay should pay towards their defence, these proposals will place further pressure on those who simply cannot afford to pay.
“The income limits are too low and these proposals will deny access to justice to hard-working people whose earnings are not quite low enough to pass the means test, but who will be required to pay unfeasible amounts by way of contributions.”
Under the plans, instead of taking a person’s debt into account at the point of assessment for eligibility, a person would need to make a ‘hardship application’.
The Ministry of Justice’s proposed shortened timetable for introducing the scheme will not allow for an effective evaluation, said the Law Society. The proposed timetable will see five ‘tester courts’ trial the scheme in January 2010, before a national roll-out takes place in April and June 2010, giving little time to assess the scheme
Mr Miller said: “It is impossible to learn anything about the impact on clients or on the courts if they are going to introduce this country-wide within three to six months of the very start. Many Crown Court cases take much longer than three months to even get heard.”
The Law Society has criticised many of the changes to the legal system and has previously voiced worries about access to justice. Earlier this year, it said plans to revamp the way in which legal aid contracts are applied for would reduce the number of solicitors providing civil legal aid; they could also deny many vulnerable people access to justice at a time when it is needed most.
The Legal Services Commission’s consultation on the 2010 bids include proposals that would require minimum contract sizes, category combination requirements and restrictions to limit solicitors to assisting clients within determined geographical areas.
The society said it feared the plans would not only impact on solicitors who provide civil services, but also deny people requiring access to justice, particularly in rural areas.
The LSC has said these requirements would mean significant numbers of legal aid providers will not be eligible for contracts in 2010 if these proposals go ahead, but claim small firms could band together to bid for contracts.
