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Justice system at ‘absolute breaking point’ as legal cuts leave shortage of criminal lawyers

Law Society warns that legal aid cuts, court closures and broken IT systems are leaving an unfair system at risk of jailing innocent people

The criminal justice system is at “absolute breaking point” with a shortage of lawyers, court closures and broken IT affecting hearings, The Law Society has said.

The professional association’s comments came as it launched a campaign warning “years of neglect” in funding has left an unfair system that risks jailing innocent people and depriving victims of justice.

Cuts to legal aid have left a shortage of criminal solicitors and defendants having to pay more or risk facing barristers while unrepresented in court, vice president Simon Davis has warned.

He wants the Treasury to inject more cash into the system to reverse the damage.

‘Breaking point’

Mr Davis said: “The right to a fair trial is at the heart of a democratic society and sets Britain apart from authoritarian regimes the world over.

“In our country, people are innocent until proven guilty after a fair trial – yet those accused are forced onto a frequently unfair and nightmarish journey through the criminal justice system regardless of whether they are guilty or not.”

He said court closures, lack of legal aid and under-funding “represent a criminal justice system at absolute breaking point”.

Lawyers have told i they are concerned innocent people could be wrongly convicted.

(Photo: Getty)
Lawyers warn cuts to legal aid have left an under-funded system where defence solicitors are too busy to carry out investigations to uncover evidence (Photo: Getty)

‘Parlous state of legal aid’

Solicitor Emily Bolton, legal director at charity the Centre for Criminal Appeals, is representing dyslexic 64-year-old Roger Khan who was jailed for 30 years for attempted murder in Devon following a trial where he represented himself in a prosecution led by a QC.

The lawyer points to legal aid under-funding leaving defence solicitors too busy to carry out investigations to uncover evidence.

Roger Khan, 64, is serving a 30-year jail sentence after being convicted of attempted murder (Photo: Criminal Appeals)
Roger Khan, 64, is serving a 30-year jail sentence after being convicted of attempted murder after representing himself in court in a prosecution led by a QC (Photo: Criminal Appeals)

“If we had been investigating his case and he’d been represented, he would have had a completely different picture presented to the jury,” the lawyer said.

“But he didn’t get that – and the reason he didn’t get that is the parlous state of legal aid.”

Lawyer Liz Miller, who qualified in 2004, said she is just one of five criminal defence solicitors left on the Isle of Wight, and the youngest at 56, with a battle to recruit anyone else.

“It’s very difficult to tell anybody that it’s a good area to get into yet it’s important to people’s lives,” she said.

World-class justice system

A Ministry of Justice spokeswoman said: “We have a world-class justice system which we are investing billions of pounds into each year.

“Last year we spent £1.6bn on legal aid for those who need it most.”

The Law Society pointed to court closures which are impacting urban and rural communities and victims and witnesses having to attend court repeatedly because of trials being adjourned.

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