Legal Insights
Our biggest problem arose this week as a result of having to come off record for a defendant in a criminal case in the Crown Court
Our biggest problem arose this week as a result of having to come off record for a defendant in a criminal case in the Crown Court. Our ethical position had been compromised leaving us with no alternative but to resign. However, the defendant then struggled to obtain legal representation. He approached a number of leading criminal firms all of whom, in light of the recent judgement in a case of Brownlee, refused to accept instructions – conscious of the fact that although this was a complex matter, only nominal costs would be paid. Even had they accepted instructions, they would probably have found it impossible to obtain the services of counsel as they suffer also in terms of remuneration.
The gravity of the case was such that we had the services of senior counsel. This situation is perhaps a sign of things to come as the legal aid budget faces further onslaught. It is an affront to witness a defendant facing serious charges without any representation. We only avoided such a scenario thanks to the altruism of an advocate/ solicitor who kindly agreed to deal with the case himself. The cuts are becoming so acute that one wonders if there is a hidden agenda that could irreparably degrade the quality of the justice system.
