A justified moment to make history: Lawyers strike for first time ever to protest legal aid cuts

'The Tory-led government is punishing the poor, this time for wanting justice'

Share

For the first time in British history, barristers and solicitors across the nation went on strike. For the long morning hours of January 6th, Justice was adjourned.

Streaming out of court in their wigs and gowns - symbols of a legal heritage dating back to the 14th century - lawyers stood shoulder to shoulder in traditional black and white attire, sombrely mourning the death of legal aid.

Perhaps ‘death’ is too strong a word; ‘purgatory’ may be a more accurate description for the future of legal aid if Justice Secretary, Chris Grayling’s proposed cuts go through. His proposals will reduce legal aid by £220 million per year by 2018. Such severe cuts to legal aid are ideologically, not financially, driven. In the words of former Shadow Justice Minister, Rob Flello MP; “Once again this Tory-led government is punishing the poor, this time for wanting justice.”

Legal aid cuts will hurt the most marginalised in British society. The proposed legal aid rates are so low that talented criminal defence lawyers are likely to leave the legal profession. Defendants who cannot afford to pay privately for legal representation will either be left to defend themselves or receive sub-standard representation, inevitably resulting in miscarriages of justice. It is imperative that defendant’s whose liberty is at risk, have good quality legal representation when the state has the power to use all of its resources in prosecuting defendants.

Cuts to legal aid are not taking place in a vacuum.  They should be viewed as one plank in a raft of austerity measures including the bedroom tax and the benefit cap, both of which cripple the most deprived families in our nation. Nick Armstrong, a barrister at Matrix Chambers, warns, “The government is imposing ideology under the guise of austerity and stripping away our fundamental protections. It is deeply sinister, and hugely dangerous.”

We should pay heed to Grayling’s own words: slashing £4 million from the prison law budget is not a practical measure, but rather ideological; “I do not think prisoners should be able to go to court.” It would be fair for voters to query whether draconian ideology at the highest level of legal office is appropriate, given that such ideology flies in the face of justice.

Justice secretary Chris Grayling, 2012

In fact ideology need not be the driving force behind the cuts. Early last year the Law Society, Bar Council, and Shadow Justice Secretary, Sadiq Khan, submitted counter-proposals aimed to redress heavy financial expenditure in the justice system. They suggested a review of the courts, crown prosecution service, and judiciary to minimise inefficiency and bureaucracy. These counter-proposals were rejected by Grayling.

It is interesting to note that the first non-lawyer to serve as Lord Chancellor (since 1673) so staunchly refused to heed this expert legal advice. At 25 Bedford Row, Sushil Kumar queries the Justice Secretary’s experience,  “Grayling has yet to demonstrate the understanding and commitment required to protect a world class justice system that is in danger of being dismantled.”

The Lord Chancellor should work with the legal profession to devise sensible proposals that both save public money and uphold justice. Regrettably, Grayling prefers to deploy underhand tactics to push through punitive legal aid cuts. First, by declaring (inaccurately) that the public no longer supports legal aid; secondly, misrepresenting criminal defence barristers as fat cat, overpaid lawyers.

Some of the legal representatives and supporters outside Birmingham Crown Court as barristers around the country stage a walk-out over legal aid cuts Some of the legal representatives and supporters outside Birmingham Crown Court as barristers around the country stage a walk-out over legal aid cuts

According to Grayling “The [legal aid] system has lost much of its credibility with the public.” This flies in the face of evidence. A Bar Council poll as recent as May 2013 interviewed over 2,000 people to hear their opinions.  Seven out of ten interviewees were concerned that cuts to legal aid could lead to innocent people being convicted. 67% agreed that legal aid is a price worth paying for living in a fair society.

Let us address Grayling’s second criticism, that criminal barristers are ‘fat cat’ lawyers. Gemma Burns, Criminal Barrister at 33 Bedford Row clarifies, “The truth is that 60% [of criminal lawyers] earn less than £30,000  per year, and that’s before tax and national insurance. After that’s deducted, we make little over minimum wage.” With the prospect of further cuts to legal aid, the future looks bleak for criminal lawyers.

But we will not stand by and allow the Lord Chancellor to erode the rule of law in our country.  Criminal Barristers and Solicitors are organised and united, and ready to fight these savage cuts. “The historic action yesterday has drawn a line in the sand, no longer will we stand by and watch the justice system be undone by those who are shortsighted and repressive,” said Michael Mansfield Q.C. Head of Mansfield Chambers.

Let us be clear, at the Criminal Bar, power to the lawyers is power to the people.

Charlotte Proudman is a barrister at 1 Mitre Court Buildings.

React Now

Latest stories from i100
Have you tried new the Independent Digital Edition apps?
iJobs Job Widget
iJobs General

Mobile Developer (.NET / C# / Jason / Jquery / SOA)

£40000 - £65000 per annum + bonus + benefits + OT: Ampersand Consulting LLP: M...

Humanities Teacher - Greater Manchester

£22800 - £33600 per annum: Randstad Education Manchester Secondary: The JobAt ...

Design Technology Teacher

£22800 - £33600 per annum: Randstad Education Manchester Secondary: Calling al...

Foundation Teacher

£100 - £125 per day: Randstad Education Chelmsford: EYFS Teachers - East Essex...

Day In a Page

Read Next
Critics of Fiona Woolf say she should step down amid accusations of an establishment cover-up  

Fiona Woolf resignation: As soon as she became the story, she had to leave

James Ashton
 

Letters: Electorate should be given choice on drugs policy

Independent Voices
The drugs revolution starts now as MPs agree its high time for change

The drugs revolution starts now as MPs agree its high time for change

Commons debate highlights growing cross-party consensus on softening UK drugs legislation, unchanged for 43 years
The camera is turned on tabloid editors in Richard Peppiatt's 'One Rogue Reporter'

Gotcha! The camera is turned on tabloid editors

Hugh Grant says Richard Peppiatt's 'One Rogue Reporter' documentary will highlight issues raised by Leveson
Fall of the Berlin Wall: It was thanks to Mikhail Gorbachev that this symbol of division fell

Fall of the Berlin Wall

It was thanks to Gorbachev that this symbol of division fell
Halloween 2014: What makes Ouija boards, demon dolls, and evil clowns so frightening?

What makes ouija boards and demon dolls scary?

Ouija boards, demon dolls, evil children and clowns are all classic tropes of horror, and this year’s Halloween releases feature them all. What makes them so frightening, decade after decade?
A safari in modern Britain: Rose Rouse reveals how her four-year tour of Harlesden taught her as much about the UK as it did about NW10

Rose Rouse's safari in modern Britain

Rouse decided to walk and talk with as many different people as possible in her neighbourhood of Harlesden and her experiences have been published in a new book
Welcome to my world of no smell and odd tastes: How a bike accident left one woman living with unwanted food mash-ups

'My world of no smell and odd tastes'

A head injury from a bicycle accident had the surprising effect of robbing Nell Frizzell of two of her senses

Matt Parker is proud of his square roots

The "stand-up mathematician" is using comedy nights to preach maths to big audiences
Paul Scholes column: Beating Manchester City is vital part of life at Manchester United. This is first major test for Luke Shaw, Angel Di Maria and Radamel Falcao – it’s not a game to lose

Paul Scholes column

Beating City is vital part of life at United. This is first major test for Shaw, Di Maria and Falcao – it’s not a game to lose
Frank Warren: Call me an old git, but I just can't see that there's a place for women’s boxing

Frank Warren column

Call me an old git, but I just can't see that there's a place for women’s boxing
Adrian Heath interview: Former Everton striker prepares his Orlando City side for the MLS - and having Kaka in the dressing room

Adrian Heath's American dream...

Former Everton striker prepares his Orlando City side for the MLS - and having Kaka in the dressing room
Simon Hart: Manchester City will rise again but they need to change their attitude

Manchester City will rise again but they need to change their attitude

Manuel Pellegrini’s side are too good to fail and derby allows them to start again, says Simon Hart
Isis in Syria: A general reveals the lack of communication with the US - and his country's awkward relationship with their allies-by-default

A Syrian general speaks

A senior officer of Bashar al-Assad’s regime talks to Robert Fisk about his army’s brutal struggle with Isis, in a dirty war whose challenges include widespread atrocities
‘A bit of a shock...’ Cambridge economist with Glasgow roots becomes Zambia’s acting President

‘A bit of a shock...’ Economist with Glasgow roots becomes Zambia’s acting President

Guy Scott's predecessor, Michael Sata, died in a London hospital this week after a lengthy illness
Fall of the Berlin Wall: History catches up with Erich Honecker - the East German leader who praised the Iron Curtain and claimed it prevented a Third World War

Fall of the Berlin Wall

History catches up with Erich Honecker - the East German leader who praised the Iron Curtain and claimed it prevented a Third World War
How to turn your mobile phone into easy money

Turn your mobile phone into easy money

There are 90 million unused mobiles in the UK, which would be worth £7bn if we cashed them in, says David Crookes