People who are wrongly accused of crime may not have access to legal help due to a dire staffing crisis in the justice system, a top lawyer has warned.
Law Society President Richard Atkinson said that after “decades of underinvestment” he fears “innocent people will continue to suffer miscarriages of justice”. Speaking to the Mirror, the criminal lawyer raised the Post Office scandal as an illustration of the importance of having a trusted criminal justice system that will serve both victims and the accused fairly.
Mr Atkinson, who became the Law Society’s new President earlier this month, listed a litany of issues including victims waiting years for their trials to be heard, the crumbling states of courts and the exodus of solicitors and barristers from the profession. He highlighted the staffing crisis in the criminal defence profession, where the number of duty solicitors providing representation at police stations has fallen by more than a quarter since 2017, according to the Law Society.
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“Any of us could be a victim of crime or find ourselves wrongfully accused of a crime and in dire need of the advice and support a duty solicitor provides,” Mr Atkinson told the Mirror. “Without the accused having access to a defence, we no longer have a criminal justice system.”
The top lawyer said there is a “real danger” people will not be able to access legal representation due to solicitors quitting the profession. “This could mean that suspects are routinely released from the police station on bail because they cannot be interviewed as there is no solicitor available to attend the interview, causing concern for their alleged victims,” he said. “It will also heighten the risk of miscarriages of justice.”
Ms Atkinson is urging the Government to give solicitors a minimum 15% rise in legal aid rates – a demand that an independent review recommended was needed to stabilise the system in 2021. Ms Mahmood is understood to have last week written to Keir Starmer expressing alarm over possible departmental cuts in the Budget.
It comes as the latest round of prisoners up for early release are due to be freed on Tuesday. Around 1,100 are expected to be let out early due to overcrowding in jails.
A Ministry of Justice spokeswoman said: “The new Government inherited a justice system under enormous strain and a criminal legal aid system facing significant challenges. Criminal defence lawyers play an essential role in ensuring that justice is done. While any decision on future government funding is subject to the upcoming Spending Review, we are committed to working with the legal profession to support the sustainability of the market both now and in the future.”