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21 April 2016 / Dr Jon Robins
Issue: 7695 / Categories: Opinion
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Overdue review?

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LASPO is in desperate need of a re-evaluation, says Jon Robins

This month marks the three-year anniversary of the implementation of the most swingeing cuts to the legal aid scheme since it was introduced in 1949. In the aftermath of the second world war, the Attlee government set out its vision for a system of state-funded access to justice that was not restricted to those people “normally classed as poor” but should also include those of “small or moderate means”.

Such a modestly-stated aspiration of the Attlee government seems the heights of heady idealism compared to our reduced commitment to access to justice in a time of austerity.

“We can all agree that nobody should be denied access to justice,” wrote Lord McNally in a letter to The Guardian earlier this month (“We need a cross-party consensus on legal aid”, 4 April 2016). The former minister, who piloted the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO) through the Lords, was responding to a letter from lawyers and campaigners repeating calls for a promised review of the legislation. The peer went on to ask:

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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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