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Wednesday 9 April 2014

No new crown court work

So The Lord chancellor has tried to split the two professions. Solicitors are angry and have taken a massive decision not to take on new crown court cases. This is intended to bring the crown court to a halt and hopefully the government to its senses. 

It won't happen straight away, but one area at a time is stopping, barristers will not be able to be instructed and cases will come to a grinding halt. 

Why

The two tier system the government wants even though it's own accountants don't agree it is workable, will destroy the hundreds of year old system that has protected the innocent and held to account the guilty.

How - it just isn't financially viable to have qualified staff working on the proposed rates and in the geographical areas prpoposed. Ont top off which after 19 years with no rise in rates of pay, there has already been an 8.75% cut with another planned for next year.

Meanwhile everything else has got more expensive, rent,rates, utilities, IT, paper, phones, petrol, wages and so on. Firms just can't absorb these cuts. Especially when expected to cover huge areas meaning more expense for less. 

What will happen - under the new system proposed large companies will try to make it work.  G4s, serco you know those responsible for the tagging contract frauds and Olympic Games disaster. Confidence building isn't it. The only way will be to desk ill the role to pay less. 

Those who will suffer will be those who will be unable to afford to pay privately. 

To those who say who cares about criminals, don't kid yourself. We don't just deal with druggies and thieves. We represent everyone, from teachers, dentists doctors, bus drivers, mechanics, farmers, plumbers in fact everyone. Fact the police don't always get it right. 

Example man drives down the road, never been in trouble police, has job family and is driving at the speed limit. Un.known to him some one in front of him is speeding crashes car and his passengers get out, our client comes along sees a problem but as it is dark simply slows down as all he can see are red lights on a car, he moves to over take at slow speed and hits and kills the passengers. Both drivers find themselves in court for dangerous driving, even though experts agree in the dark he could not have stopped by the time passengers became visible. 

This is a true case he had a trial and fortunately due to the expert representation he got by his solicitor and barrister he was acquitted. Under the new system unless he could pay privately he would get someone only interested in meeting their quota for the day, then it would be passed to an under qualified in house advocate to deal with crown court. He would be under pressure to get him to plead as under the new system the fee is the same and it is much less work for a plea, not to mention he has never done a trial like this before. Still confident. 

Second example youth at police station who has learning difficulties. Alleged to have stolen something. It's a fixed fee so under new system big firm sends least qualified to deal with it to get it done as quickly as possible. You admits offence and ends up in court. Under the old system the solicitor dealing would have spent time with him determined his condition styed with him for the whole process and obtained medical reports showing he didn't have the mental ability to know what he was doing was wrong. Still have confidence.

I have thousands of examples.

What do the solicitors want
1.  An end to two tier system
2. No more cuts
3. Long term contract to ensure stability

We don't want to inconvenience anyone but we have to make a stand, to protect the system to protect our clients and to ensure we are able to be there for our clients.