The Justice
Select Committee has issued a critical report in response to criminal legal aid
reforms. In criminal cases, there is a common law right to legal advice, and a
right to legal representation under the European Convention on Human Rights. The committee heard “compelling evidence” of the fragility of the
Criminal Bar and criminal defence solicitors' firms, which places these rights
at risk.
It concluded
that under-funding of the criminal justice system in England and Wales
threatens its effectiveness, tarnishing the reputation of the justice system as
a whole, and undermining the rule of law.
The Committee
recommends that the Government conduct an urgent cross-departmental review of
funding of all elements of the criminal justice system, with the aim of
restoring resources to a level that enables the system to operate effectively.
Comment:
Legal
Expenses Insurance gives limited cover for criminal defence which usually is
only available for work-related and motoring prosecutions. As there is no possibility
of transferring liability for defence costs from the state to a private funder
(such as an insurer), the prospect of an under-funded system, that
potentially compromises an individual’s right to legal representation which is
necessary for a fair trial, is of particular concern.
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