NEWS: Law Society warns over Chancellor's planned cuts to justice system

By Ben Schofield on Dec 9, 09 05:10 PM

THE LAW Society has warned that the criminal justice system will be "pushed to breaking point" by Chancellor Alistair Darling's plans to slash £360m from the system, including the already stretched legal aid budget.

Today's pre-budget report includes plans to make "savings in the Criminal Justice System by improving case management, putting underperforming or expensive public sector prisons out to competition during 2010-11, and reforming legal aid".

The move has prompted the Society to warn that further cuts to an already crippled criminal justice system will impact on access to justice.

In a statement, Law Society chief executive, Desmond Hudson, said: "The Law Society is deeply concerned about the Chancellor's announcement in today's pre-budget report of yet further cuts in legal aid.

"The society agrees that savings in the criminal justice system through looking at better case management by all parties would be welcome, providing there are appropriate safeguards, but the criminal legal aid budget should not face yet another onslaught of generalised cuts.

"Other changes announced by the Government in relation to acquitted defendants that will mean that defendants who are found not guilty may not be able to recover the full costs of proving their own innocence, could further undermine the rule of law. The society will be contacting the Government urgently to discuss the nature of the further cuts announced today.

"The Government has been slicing away at the legal aid budget for some time and the impact is being felt.

"Barely a week ago a National Audit Office report pointed out that more than a quarter of solicitors providing criminal legal aid services were ready to walk away from it and many made no profit at all under the system.

"Further cuts will give them no choice but to abandon legal aid and that means vulnerable people who come into contact with the criminal justice system will be denied advice and representation."

The recent NAO report revealed that 16% of solicitors firms providing legal aid criminal defence services make zero per cent profit and 14% of firms make only 1-5% profit. The figures represent the position before the partners receive a single penny - zero per cent profit means that the partners did not earn any income whatsoever for their work.

The same report found 28% of firms said they were unlikely to be conducting legal aid in five years time because of unprofitability, the prospect of tendering or retirement.