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…