The Law Society has warned the government against hitting the most vulnerable by making legal aid bear the brunt of the Ministry of Justice cuts.
The warning follows newspaper reports that the MoJ budget will be slashed by 30% in the chancellor’s spending review on Wednesday.
Law Society president Linda Lee said if the brunt of budget cuts falls on legal aid the effect will be felt by the most vulnerable in society.
She said: ‘The government would be hitting the most disadvantaged as a soft target in an attempt to make hard cash savings across the board.’
Leaked documents suggest that legal aid will be cut in marital disputes, family law cases, immigration and medical negligence.
Lee said that given the proposals in the Jackson report, which reduce access to the courts, together with Lord Young’s plans, which may also inadvertently bar some people from seeking redress, a reduction in the availability of legal aid would further restrict access to justice.
She urged the government to take a joined-up approach to safeguard access to justice and avoid the knock-on costs of restricting it.
‘We have long warned that cutting legal aid will have a knock-on effect on the public purse as people try to cope without legal representation and appear without representation, causing delay in the court system,’ she said.
Lee added: ‘If they are unable to obtain remedies, there will be further costs in terms of benefits or additional help required from other government agencies, or in unrest caused by a failure to provide justice.’
Lee said the legal aid budget had been squeezed since 2004 and was in no state to deliver more cash savings.
Instead of cutting legal aid, she said the government could save money by simplifying the law, addressing poor decision-making by public bodies, and reforming inefficient court processes.
She also suggested a 1% levy on the sale of alcohol to reimburse the criminal justice system for the level of alcohol-related crime.
Bar Council chairman Nicholas Green QC has described the planned cuts as ‘brutal’ and urged the bar to prepare for change and collaborate with the government to find savings in order to mitigate the effects on access to justice.
The Bar Council’s government savings group, led by criminal barrister Paul Keleher QC, has identified 10 areas for achieving savings within the justice system.
They include unfreezing defendants’ restrained assets to meet the cost of their legal services; improving the management of court hearings; greater use of IT in case preparation; and reviewing prisoners serving indeterminate sentences who have served their minimum term.
The group also suggests investigating the introduction of compulsory legal services insurance for all corporate offences.
Green said: ‘The Bar Council has always said that at this time of unparalleled financial austerity, the bar must take a collaborative approach with government and help it to identify where savings can be achieved without damaging access to justice.
‘Our list of savings provides a starting point. We are also suggesting market-driven solutions to bring new money into the system, which is now as important as ever in helping to ensure access to high quality legal advice and representation.’
He added: ‘We recognise that the required savings are much greater than those which our suggestions would initially yield. That is why the Bar Council urges the government to take a bold and rational approach to sentencing policy, which accounts for so much of the department’s budget.’
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