Legal Aid and Magna Carta

England is justifiably proud of the 'Magna Carta', the charter that King John was forced to grant (he did not sign it, but attached the Royal Seal) by his barons at Runnymede 798 years ago this June. A paper on the University of Lincoln's website states -

"For Whipps (2008) Magna Carta is a document that has changed the world. This iconic manuscript,  drawn up originally in the 13th century to contain the power of an English  king, is seen by many commentators today as representing the cornerstone of civil liberties around the globe (West 2008). Its famous clause 39, that no one man shall be imprisoned without judgement of peers, or by the law of the land, is often quoted in contemporary political and legal debates about civil liberties (Bennett et al 2007)."

One of its most important provisions states -

"No free man shall be seized or imprisoned, or stripped of his rights or possessions, or outlawed or exiled . nor will we proceed with force against him . except by the lawful judgement of his equals or by the law of the land. To no one will we sell, to no one deny or delay right or justice."

It is in the light of the final sentence that I invite you to reflect upon the coming into force of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 last week. Further restrictions are set to be announced this week. The Legal Action Group say "Good quality, accessible publicly funded legal services are essential to ensuring access to justice. "Is 'justice' now out of the reach of the very people who need it most?

Details of the changes can be found on the websites of
The Guardian
The Law Society

What do you think?

Legal Aid, Sentencing & Punishment of Offenders Bill

This controversial, and far reaching bill, is due to have its Second Reading on Monday (21st November). There are a number of concerns about the effects of measures in the Bill. Below are a number of links to the Bill and reports about its repercussions.

The Bill
Explanatory Notes to the Bill

Justice for All Briefing
SCOPE Report - Legal Aid in Welfare
Law Society - on the costs of the "savings"
Rights, Welfare & Law. Legal Aid Advocacy in Austerity Britain by Prof. Deborah James & Dr Alice Forbess (LSE)
Law Centres Federation
Article from Law Society Gazette on proposed MANDATORY telephone gateway for civil legal aid.
National Accident Helpline Briefing on Referral Fees

In Committee

Yesterday I sat in on the Public Bill Committee which is considering the Legal Aid, Sentencing and Punishment of Offenders Bill. Unlike the dramatics of Prime Minister's Question Time, this was a workmanlike session where amendments were proposed, explained, argued for - and the Minister responded to the detailed points made - indicating whether the Government would accept the amendments; oppose them on principle; or consider changing policy or the text of the bill in response to the comments made.

This was Parliament doing (what in fact it does most of the time) what we would expect of a responsible legislature - giving detailed consideration of proposed laws - deliberating.

The text of the Bill can be found here - and the Explanatory Notes here. The amendments I watched being considered can be found here. You can listen to the session I listened to via Parliament Live.

Access to Justice

As the exams approach, I will be teaching some of my students about "Access to Justice" - which is part of the AS syllabus for law. One of the problems with Law is that it can be expensive to bring an action to enforce your rights, or to defend yourself if accused of a criminal act.

Legal Aid has been available in England since 1949 (previously there was some free work done by lawyers, and Trade Unions provided assistance for their members). It has increasingly come under pressure. Costs have risen, whilst there has been pressure to reduce the total amount available. Some people have found it difficult to get funding - which is a denial of justice.

Currently legal aid is administered by the Legal Services Commission. There is some excellent information available on their website. The Citizen's Advice Bureau has a useful website explaining the various forms of provision.

Recently the Ministry of Justice produced a consultation document about the future provision of legal services Their approach is to make the civil system more efficient, and therefore cheaper to use. The Consultation Paper can be accessed here.