I see it’s the official season of trashing Legal Aid. Like clockwork.
The arrogance of some of that criticism is breathtaking.
A thread.
Anyone (I really do mean anyone) can be accused of a crime at the drop of a hat. It might happen when you least expect it. Sometimes things go wrong. Sometimes humans hit other humans with their cars. Sometimes people make allegations that are true / false / somewhere in between.
Sometimes money goes missing at work & fingers start pointing. Sometimes you might have to use violence to defend yourself and you might be accused of going over the top. And sometimes, frankly, your behaviour may fall short. It may be criminal. You can end up in the dock.
Lawyers cost money. They aren’t a charity and they aren’t your friends. They’re highly trained professionals who have chosen to work with those accused of crime. If you are rich then you will probably pay the best lawyer you can. Lucky you.
But what if you aren’t rich? What if you have a modest salary or have no salary at all?
Legal Aid means you will get a lawyer. A proper one. You might have to contribute a bit or nothing depending on your circumstances. That lawyer will advise. They will represent you at trial if you maintain your innocence. They will represent you at sentence if you plead guilty.
Lawyers don’t get to decide if you’re guilty or not. Or walk away if they think you are. That’s what the trial is FOR. That is the whole point.
What if you are never accused of a crime? Well, as a tax payer, lawyers SAVE you money. Proper advice can lead to guilty pleas when appropriate. Proper representation means trials run smoothly and are cheaper.
You, very sadly, might be the victim of a crime. Lawyers mean any trial is run professionally and with courtesy and efficiency. That is in your interest. It is in everyone’s interest.
And if you don’t think you’ll be accused of a crime, don’t think you’ll be the victim of a crime and don’t care about your taxes then the lottery of life means you still might be a juror or a witness. Trials with D’s self-representing can take forever and can cost a fortune.
Legal aid rates are, at best, very modest. At their worst, barristers can work long hours for less than the minimum wage and, sometimes, do certain tasks for free. Just to keep the show on the road and the wheels moving.
Headline legal aid figures “awarded” to criminals are misleading. They can represent years of work across several professionals (solicitors, paralegals, barristers, expert witnesses). The trial might be long and complex. It might include appeal work.
And finally - if you are still banging the “ANYONE ACCUSED OF CRIME DOES NOT DESERVE A LAWYER” drum then consider this. A well-trained, expert defence Bar helps to populate well-trained, expert prosecutors.
And I bet my bottom dollar you like those.
So, next time you read a headline or an article trashing legal aid, take a deep breath. Read @BarristerSecret ‘s book. And reflect how lucky you are not to be at the wrong end of an allegation. Because, one day, you might be.
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Last week a trial where the alleged incident was in 2020 and the date had been fixed for OVER A YEAR was adjourned two days before it was due to begin. Why? No courtroom. No judge.
Embarrassing. I’m embarrassed to be a part of it and it’s not even my responsibility.
This government’s Law and Order record is ripe for criticism, ripe for opposition and ripe for reform. But Labour clattering in, calling Rishi names on Twitter and then conducting some kind of conga line of blame is not only the worst way to do it - it’s a missed opportunity 🪡🧵
Firstly, since 2010 the government have closed 51% of Magistrates’ Courts. That’s local justice for local people out the window. That’s 151 constituencies that have lost their local court. I wrote about why local justice mattered (via the generous @BarristerSecret) here:
Let me tell you who might need a criminal defence barrister one day when they least expect it:
It’s you.
If you believe the state only points the finger at guilty people or bad people or people who aren’t like you then I’m going to need you to sit down for this one: you, your spouse, your kid, your parents, your mate at work could end up in the dock.
And it could happen tomorrow.
We all tumble along in this world together. Millions of us. And sometimes people do bad, evil things. But, often, the answer is less clear. Is this a bad person? Did they do a bad thing?
If you were the victim of a crime tomorrow and the suspect was not tried until 2024 - would you consider that tough on crime?
If you were wrongly accused of a crime and did not get the chance to clear your name until 2024 - would you consider that a functioning justice system?
This is where we are. This is what is left. Victims waiting. Innocent people waiting.
Justice, waiting.
And the winners from delay?
Guilty people. Just waiting it out.
The government is being outmanoeuvred by guilty people who deal MDMA from their socks.
And it’s a disgrace.
Part of the problem is that we are haemorrhaging talented legal aid lawyers to tackle the queue. Our numbers are falling short to conquer a growing backlog. We are exhausted and overworked and underpaid and shouldering a relentless onslaught of difficult, troubling work.