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Bristol Defendant Solidarity statement on government “proposals” for legal aid.

Bristol Defendant Solidarity | 09.09.2013 18:38

“Transforming legal aid: delivering a more credible and efficient system” says the government... Bullshit.

Bristol Defendant Solidarity rejects the basis on in which the government “reforms” are being made. That is to further the principle of “one law for the rich and another for the rest”. Presented, of course, as necessary cost cutting measures, in reality it cuts much deeper. It represents a full frontal attack on legal aid and any remaining chance that normal people might have of access to some semblance of “justice”. While BDS has no faith whatsoever in the “justice” of the courts and the system of power and privilege they protect, we believe that when faced with the state’s obsession with judicial vengeance and punishment dressed up as “justice”, people should have as much chance as possible for effective self defense. Access to sound legal advice and representation is an important part of being able to defend ourselves when being dragged through the court system. As long as there are courts and laws to intimidate, punish and discipline us, legal aid and accessing the ability to fight our cases, should be defended.

People who wish to defend themselves or to challenge decisions which have serious consequences for them want to know that they can have a lawyer who knows what they are doing and is able to spend enough time on their case. The Legal Aid system was set up to ensure that people who cannot afford a lawyer but need one, have a sufficient pool of lawyers who know what they are doing and are given enough time to do the job that they need to do. The Government’s proposals in their “Transforming Legal Aid” paper will change all this forever. It is not possible, of course, to predict what will happen in the future but usually if something is damaged very badly, it is very difficult to rebuild it again.

What’s in it for us? 

The Government’s proposals include a plan to remove almost 70% of the practices who provide criminal Legal Aid services and to remove the right of people to choose their own lawyer.  They open up the market towards very large private companies like G4S and Eddie Stobart to take over the provision of legal aid services. Now G4S can “represent” you, and then profit from locking you up, either in a “detention centre” (prison) or prison. Talk about a conflict of interest…

They propose that challenging decisions which may well be wrong and illegal by public officials will no longer be possible to challenge unless the lawyers are prepared to take a very substantial financial risk on pursuing those cases. Judicial Reviews, vital for challenging government policy on all kinds of issues, will be much less likely to receive funding, further undermining the state’s accountability

They propose that large areas of vital legal work for people who are in prison will no longer be eligible for any Legal Aid, leaving internal complaints procedure as the only option. Given the record of such procedures, prison conditions are likely to deteriorate unchallenged.

Finally, there is a proposal that anyone who cannot prove that have been a lawful resident of the United Kingdom for twelve months will not be entitled to any Legal Aid no matter what there circumstances are – even if they have been trafficked against their will from another country, subjected to violence or locked up illegally.    

The most serious impacts of all these proposals will fall upon people who need decent legal services the most. Those living in poverty, those with disabilities, those with mental health issues and those who have been subject to abuse.

They are a continuation of the attack to legal aid already well under way. Changes to civil legal aid, which came in to effect in April 2013, mean housing, immigration, welfare benefits, debt and family law are now largely out of scope for funding.

While we recognise the ‘justice’ system has forever been skewed in the interests of the rich and powerful, and while defending ourselves in court and breaking the dependency on well paid, incompetent and unsympathetic lawyers is something we’d encourage, these cuts will ensure the few firms working tirelessly to give people the best possible defence will have no chance of survival.

But while we need to resist attacks on legal aid, let’s remember that as always, solidarity is our best defence.

For more information see  http://bristolabc.wordpress.com/defendant-solidarity/

NOTE NEW EMAIL ADDRESS:  bristoldefendantsolidarity@riseup.net

Bristol Defendant Solidarity
- e-mail: bristoldefendantsolidarity@riseup.net
- Homepage: http://bristolabc.wordpress.com/defendant-solidarity/

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  1. Lets make paid lawyers, court staff, judges accountable — TheEnglishConstitutionalist