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Duty Solicitors - a Vital Role in Criminal Justice
In a segment on the Victoria Derbyshire show on BBC2 on Tuesday 17 April our Managing Partner and Solicitor Advocate, Helen Johnson appeared to discuss the implications of cuts and fees in criminal matters, particularly in relation to police station attendances under the duty solicitor scheme.
On the programme, it was explained that due to the lack of duty solicitors one suspect decided to go ahead with an interview without legal representation. It was only when he went to court six weeks later that he was advised to obtain legal representation by the legal advisor at the Magistrates’ Court following which he was able to secure his acquittal.
Representation at a police station is free, independent and confidential, yet it seems that despite this there remain areas of England and Wales in which access to Justice is being delayed and therefore could ultimately be denied.
The programme highlighted the lack of younger people entering into the profession. Helen explained that successive governments had failed to invest in the Criminal Justice System leading entrants to fear the future of criminal defence. Qualify as a Solicitor leaves students with huge debts. They are discouraged from entering into an area of law which may never enable them to discharge those debts or take on a mortgage. Many Universities advise students to steer clear of criminal legal aid work for these reasons.
Helen highlighted how a single fixed fee was paid for a case at the police station regardless of the time of day or night, how many attendances were required, or how many hours were spent at each of those attendances, and that a higher fee would be paid if the matter involved a suspect remaining in custody for days.
Despite the clear disincentives to join, the duty solicitor scheme is vital in securing access to justice. Often those seeking duty representation are those who have not had any previous dealings with the police and therefore have no knowledge of a criminal law solicitor to represent them having only previously dealt with solicitors for the sale/purchase of property or for wills and probate matters. As duty solicitors, we at Emery Johnson Astills have represented all manner of individuals, including doctors, accountants and even solicitors who find themselves being investigated for an allegation which they deny. It is worth remembering that regardless of how spurious or malicious these allegations are the police are under a duty to investigate them. In those circumstances, it is essential to have an expert on your side and in your corner.
Duty solicitors are not just ageing they are no longer evenly spread out throughout the country. If you live in an urban or rural area you will have fewer duty solicitors and inevitably face delay.
The Law Society published a press release on Tuesday raising their concerns and declaring in stark terms that criminal defence solicitors are facing extinction. Law Society president, Joe Egan, stated “If this trend continues, in five to ten years’ time there could be insufficient criminal defence solicitors in many regions, leaving people in need of legal advice unable to access their rights.”
At Emery Johnson Astills we are part of the duty solicitor scheme in Leicester and Loughborough and have a dedicated team of police station representatives to attend the police station at any time. Should you have any queries regarding any police matters please contact our Criminal Defence team on 0116 2554855 or 01509 610312.
Law Society Press Release