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20 May 2022 / Roger Smith
Issue: 7979 / Categories: Opinion , Legal aid focus , Profession , Criminal
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Legal aid: welcome to the fight

81963
Legal aid has been run into the ground. Is it time for public defenders to step in, asks Roger Smith

No reader can be unaware that the Criminal Bar Association is conducting a major campaign for better remuneration. Its Twitter account headlines its uncompromising stand: ‘Unless and until there is substantial movement to meet our legitimate demands, don’t expect a ballot of members on withdrawing its current industrial action.’

The Bar’s most effective weapon has been its policy of members refusing to take late return briefs. This removes flexibility from the scheme, adds further delay to a justice system near to breakdown from a decade of cuts and court closures, and causes victims politically visible pain. Unfortunate but necessary industrial action. I have no principled problem with that. Politicians want to play politics with legal aid? Welcome to the fight. I am for the lawyers.

I do have an issue, however, with one of the demands of the campaign: that barristers will not join the fledgling Public Defender Service (PDS). In the words of a hit from my

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NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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