Clause 12 of the Legal Aid, Sentencing and Punishment of Offenders Bill provides that advice in the police station in future could be subject to a means test. This would drive a coach and horses through the universal right to representation by a solicitor at a police station, enshrined in section 58(1) Police and Criminal Evidence Act 1984, in response to a series of serious miscarriages of justice in the 1970s and 80s involving unrepresented defendants.

During the debate on the second reading of the bill Ken Clarke was asked to consult carefully about the practical implementation of proposals to limit legal aid for advice and assistance in police stations. The justice secretary said: Read the full story

Dangerous drivers who seriously injure others could spend longer in jail thanks to a new criminal offence.

For the vast majority of dangerous driving cases the maximum penalty of two years’ imprisonment provides the courts with sufficient and proportionate powers to punish offenders. The new offence of ‘causing serious injury by dangerous driving’ will carry a maximum sentence of five years in prison and allow the courts to impose tougher punishments on dangerous drivers. Read the full story

Last week the government announced its intention to ban the payment of referral fees in personal injury cases. In their view the current arrangements have led to high costs, encouraged a compensation culture and led to the growth of an industry – estimated elsewhere to be worth £3bn a year – which pursues claimants for profit.

Though the MoJ stress there is no universally recognised definition of ‘referral fees’, their press release gives the following example: Read the full story

Yesterday’s statistics show that over 3000 people have been arrested following the urban riots. Of these, 1406 have been brought before a court and 157 convicted.

Justice minister Jonathan Djanogly praised staff across the justice system who are working around the clock. He said: “I congratulate courts, prisons, probation, youth and emergency services for the difficult work they are doing. Today I met court staff and Judges who had worked 30 hours straight. I am very grateful for all their hard work.”

But there are concerns about Read the full story

After the battering the Government’s legal aid proposals took in the Commons it was the turn of the Lords to sink their teeth in when the proposals were the subject of a debate last Thursday.

Opening the debate, Lord Beeching pointed out that the Government’s Green Paper on legal aid reform Read the full story

Liberal Democrat MP Dr Julian Huppert secured a debate on legal aid in the Commons last week. He said it was timely because although the Government consultation, which has received around 5,000 replies, has closed no response has been published. Read the full story

On Tuesday MPs were told the results of the consultations about court closures. Public consultations were launched in June and produced 2552 responses. Decisions have been made to close 93 magistrates’ courts and 49 county courts, with ten magistrates’ courts and five county courts on the original list being retained.
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Last year this column had cause to comment several times on the bill that became the Coroners and Justice Act 2009 as it made its progress through Parliament. The Act received Royal Assent on 12 November 2009 after receiving, importantly in view of current events, cross-party support in both Houses of Parliament. Read the full story

The Ministry of Justice is substantially reforming a number of its public bodies. Ten of the department’s public bodies will no longer operate as non departmental public bodies or as statutory bodies. Six will be abolished and four will be merged with other existing bodies. Justice Minister Jonathan Djanogly said: Read the full story