Justice Bill – Clause 12 is the one to watch

A new clause (12) of the Justice Bill appears to introduce a merits test for advice for individuals in the police station. This puts access to justice into the hands of the police and the government.

Today if you are arrested you are automatically entitled to free advice from a solicitor which is paid for via the legal aid budget.

Under these proposals, the Director of Legal Aid Case Work, who is a civil servant designated by the Lord Chancellor, must determine “that the individual qualifies for such advice or assistance” in accordance with a new test set out in the act.

This will be ‘means’ and ‘merits’ tested. So in each individual case a determination will have to be made of the detained person’s financial position and whether their case has sufficient advice.

How do you have time to do these tests within the timescales that the police operate? How will someone arrested prove their means to pay for their case when they don’t know what it will entail?

The determination under this section indicates that the individual may only be afforded ‘telephone’ advice. Even in serious cases.

It is incredible that given all of the recent cases of police miscarriages of justice, including the Ian Tomlinson case that the government is happy to push ahead with this proposal.

Cameron gets tough on the most vulnerable in society

Domestic violence and special education needs are coming back in but we have the same concerns. However, in a move that demonstrates the proposals are unfair, the government refuses to charge the financial services industry for white collar criminals carrying out financial fraud. These cases will still be funded from the criminal legal aid budget.

This means that while a woman who is the victim of domestic violence, the child who is the victim of clinical negligence or an elderly person who cannot get the care they require will get no legal aid. The government is happy for the financial sector to milk the legal aid budget at the expense of the most vulnerable.

We will follow up with more of a policy review tomorrow.