Tag Archive | "Robin Murray"

Criminal Law Solicitors Association disclosure survey


As part of its campaign, with others, to ensure that both the Prosecuting authorities and the Courts comply with the Law and Criminal procedure rules, the Criminal Law Solicitors Association (CLSA) is conducting a disclosure survey.

The CLSA has long challenged what it claims to be repeated failures by prosecutors to disclose information on time, and has begun collecting examples from solicitors to present to the Ministry of Justice, the Criminal Procedure Rule Committee and the Commons justice select committee.

The laws and rules are supposed to maintain balance, fairness and efficiency in the Criminal Justice system. The survey seeks information about experience of disclosure of evidence failings, or late service by the Prosecution, and the frequency of such failure. Specifically, the attitude of the Court when the defence have brought the disclosure failure to the attention of the Court is sought and opinion on the desirability of strengthening the requirements.

CLSA pose one particular question: “At the trial or final contested hearing, where late service of documents, media or any other evidence places the defence under unreasonable logistical or time pressure would you support a strengthening of CrimPR 24.13 so such evidence can only be admitted by leave of the court in exceptional circumstances or by S10 agreement?”

According to the ‘Gazette’ the survey, which opened last Monday, has already attracted 400 responses, with 300 in the first twenty-four hours. Robin Murray, association committee member and former vice-chair, said: “The survey shows the Crown prosecution fail, on a daily basis, to do what the law requires them to, which is to serve the evidence so the defendant knows the case against them.

“When these failings are brought to the attention of the courts time and again, the courts fail to hold the prosecution to account, which means either a waste of public money because cases are adjourned unnecessarily or, far more seriously, the defence are put under pressure to proceed without reasonable notice of recently served evidence.”

One anonymous respondent in the ‘Gazette’ said: “The very mechanism that exists to give victims justice not only fails to deliver that justice but re-victimises the vulnerable all over again…There are simply not enough CPS staff or Police to process and prepare cases properly but I believe there is also an obligation on the part of the Defence to request it and they are not always as assiduous as they could be with regard to this.”

Another respondent wrote: “That the Government neither says nor does anything about this speaks volumes concerning its attitude towards justice and the rule of law in the UK. It seems to aspire to standards that wouldn’t even be acceptable in a third world autocracy.”

One more damning comment in the ‘Gazette’: “The failure of the Crown to comply with their disclosure obligation is the norm. This leads to miscarriages of justice and defendants routinely acknowledge that the magistrates’ court is no place to get justice. This has now crept into the Crown court where the defence have to constantly fight to get disclosure… In nearly every single case I have at the moment, approximately 50, the Crown have failed to comply with their disclosure obligation and I’ve had to list the case for a mention hearing.”

Posted in Criminal Justice, Legal AidComments (0)

Lawyers suspend legal aid action


On Friday 21 August Bill Waddington of the Criminal Law Solicitors’ Association (CLSA) and Jon Black of the London Criminal Courts Solicitors’ Association (LCCSA) issued a joint statement.

It stated: “For 52 days Solicitors and Barristers across the country have stood firm against the second cut. In recent weeks, the leaders of the Practitioner Groups have had the opportunity to engage with the MoJ and by so doing, have been able to provide ideas for long term savings as a direct alternative to a cut in rates. Read the full story

Posted in Criminal Justice, Legal AidComments (0)

Barristers join legal aid boycott


The nationwide boycott over the government’s legal aid cuts gathered momentum as criminal barristers officially joined solicitors in their protest. A ballot by the Criminal Barristers Association (CBA) saw a narrow majority of 55% in favour of the action.

The CBA met last Monday evening and reaffirmed its support for the protest. A spokesperson said: “The members of the CBA voted in July to take action against the latest cut in legal aid fees by adopting no returns and not taking instructions.” Read the full story

Posted in Legal AidComments (0)

Legal aid cuts “threat to democracy”


More than 100 judges, peers, prominent lawyers and doctors working in the civil and criminal justice system have called on the incoming government to restore legal aid to prevent “widespread miscarriages of justice.”

In an open letter to the ‘Guardian’ last Saturday, the signatories – who include former appeal court judges, a chief inspector of prisons and a reviewer of terrorism legislation – condemn cuts made by the coalition government for depriving “hundreds of thousands of people” access to justice. Read the full story

Posted in Civil Liberties, Criminal JusticeComments (0)

Defeat in the Court of Appeal


The Court of Appeal today gave the go-ahead for the government’s controversial legal aid reforms by dismissing an appeal by the Law Society and practitioner groups.

In the words of the judgement: “In view of the rational and lawful evaluation of the consultation responses made by the Lord Chancellor, it was not incumbent on him to investigate the current underlying facts in any greater detail than he did.

The judgment concluded that the lord chancellor was rationally entitled to assess that the “admittedly broad brush approach” he adopted at the end of March 2014 in relation to costs of bidding for duty provider contracts was a reasonable one. On the process of consulting with service providers – the basis of last year’s High Court challenge – the Court of Appeal said “it was not incumbent on [the lord chancellor] to investigate the current underlying facts in any greater detail than he did.”

The Court of Appeal refused to extend an injunction suspending the tender process. The Law Society and the Associations are seeking to lodge an application with the Supreme Court for permission to appeal the Court of Appeal’s decision, and get the application heard on Monday. The injunction expires today.

Society president Andrew Caplen said: “The Court of Appeal decision is a devastating blow. We remain concerned that vulnerable people may not be able to obtain legal representation if they are accused of wrongdoing.”

Robin Murray, vice-chair of the CLSA, said; “It is a matter of enormous disappointment that the appeal brought by the Associations and The Law Society has been defeated.” Jonathan Black, president of the LCCSA, said the group was ‘gutted’ by this morning’s decision. He said: “While the appeal court has found the devastating carve-up of solicitor representation is technically legal, we and many others believe it’s immoral. We’ll do everything we can to continue the fight.”

The Legal Aid Agency has issued a statement that: “ Following the Court of Appeal’s decision today that the Duty Provider Contract tender process and consultation are lawful, the Invitation to Tender for those organisations eligible to apply for a Duty Provider Contract will continue on Friday 27 March 2015 and will close at 12 noon on Tuesday 5 May 2015.

“Now that the injunction has been lifted and the tender will continue, and we have set a new deadline for tender applications. The closing date for applications has been amended to maintain an overall nine week tender window for this stage of the procurement process. Work under this contract is now due to start on 11 January 2016.”

There was never much doubt that the lord chancellor would press ahead with his plans if he was successful in the Court of Appeal. This is a subject which is close up and personal after the many rebuffs he has received from appeal courts. Purdah will have been far from his mind. A close run thing, the statutory period for tenders of nine weeks expires just two days before election day. So it will be for the incoming administration whether or not to proceed. The Labour party has said it would abandon the contracts if elected.

The full text of the judgement Neutral Citation Number: [2015] EWCA Civ 230 can be found at:
https://www.judiciary.gov.uk/wp-content/uploads/2015/03/law-society-v-lord-chancellor-judgment.pdf

Posted in Criminal Justice, Legal AidComments (0)


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