Most observers agree that the Criminal Justice system in
England and Wales is on the verge of collapse. There has been no clearer
analysis of this than the Secret Barrister’s recent bestseller.
A former MOJ Minister has now weighed in with his own contribution to the debate
which is so wide of the mark we should all be pleased that he hasn’t taken up a
career in knife throwing!
Jonathan Djanogly’s answer is straightforward. We need more
efficiency from Criminal defence lawyers. This will be via a network of ABSs,
fewer and bigger firms, and more competition. Why didn’t we think of this before??
It is hard to know where to start. How about the shocking treatment
of victims? How will bigger and fewer firms result in less trials being cancelled
at the last minute or moved to an unreachable court in another area? How will
it stop the collapse of trials because the CPS are so underesourced that they
fail to provide their own lawyers with the necessary documents? How will it resolve
the iniquitous innocence tax which means that a person can be acquitted of a
serious offence but still lose everything in successfully defending themselves?
I am not a criminal lawyer. But I know a bit about ABSs and
am involved in two such business. The obvious commercial question is – who in
their right mind would be interested in investing in an ABS which is dependent
on legally aided criminal work? Work in which the rates are so low that a young
barrister, paid £80 for a day’s trial finds herself having to borrow the fare
home –
According to a report from Young Legal Aid Lawyers, more
than half of legal aid lawyers earn less than £25k a year –
According to some reports, earnings have dropped by 40% in
real terms since 2007.
Which ambitious entrepreneurs are going to join the queue to
set up an ABS in this climate? It is pure fantasy. It also shows a complete
disregard for the thoughtful arguments that have come from across the
profession in the last few months. The criminal justice system needs a complete overhaul and return of the funds that have been stripped from it. Empty management speak is meaningless.
As an MP, MR Djanogly has presumably received his free copy
of the Secret Barrister’s book. He might like to read it…
Justice
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