17. Aug. 2010. – 12:58:24
Should legal representation in courts [criminal and civil] be considered as a citizen`s right in a similar manner to the delivery of healthcare? The answer has to be a definite “No” but the reality has been until a few years ago that many defendants, some with ample means, were able to employ quality legal representation at the tax payers` expense. It was called Legal Aid. Many law firms made a good living by providing their expertise on an open ended piece work based system. Gradually this, what some might term gravy train, has been reduced to a slow shunt for the simple reason that costs had increased almost beyond control.
In the civil courts the “pay if we win” formula has led to the establishment of call centres, widely advertised on TV, whereby solicitors paying for inclusion have customers directed to them. Many householders now have an option on their household insurance polices to be protected against legal costs within certain conditions.
Every magistrate is aware of the effect of reduced legal aid availability; unrepresented trial defendants are becoming an increasing feature of summary criminal justice. In such situations both legal adviser and bench chairman have a duty to ensure that the legal playing field remains as level as is compatible with processing a case satisfactorily.
But the news today that tens of thousands of asylum seekers and immigrants will no longer receive legal aid to fight deportation in order to save £billions is of a different order. The scandals of the appeal system and the abuses used by illegals in their attempts to remain here are the problem. If the systems currently in use had been subjected to scrutiny including obligations imposed by legislation originating outwith these islands there would have been little need for the sophistry of the Justice Ministry in trying to justify this latest attempt to cut costs.
When the power of the state is used against those who are the most vulnerable it is a cause for concern. When that power is wielded to disguise the overwhelming failure of that state to take control of its own borders it is nothing short of a stain on all of us especially those whose memories include being taught what was “Great” about Great Britain. We`re barely a “united” kingdom and certainly Britain is no longer “great” by any interpretation of that description and this latest announcement is in line with our moral decline as a nation.
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