Dear Lord Chancellor
This is my response to the
Ministry of Justice’s ‘Transforming legal aid: delivering a more credible and efficient system’ consultation’.
If you implement the MoJ’s
proposals you will certainly succeed in ‘transforming’ legal aid. You will do this by devastating it as a proud
symbol of civilisation and fairness in this country.
Your ministry has been challenged
since the consultation was launched to point to the evidence substantiating the
suggestion that the criminal justice system is not at the moment
‘credible’. Notably it has failed to do
anything of the sort. In fact your
proposals will, probably irrevocably, diminish the system’s credibility.
At the 2012 London Olympics the
world was reminded of Britain’s greatest and proudest achievement of the
post-War period that being the NHS.
Thoughtful people recognise that almost on a parity with the inception
of the NHS was the creation of a system of legal aid that meant that all
defendants in criminal proceedings in this country were not only properly
prosecuted but vigorously and competently defended.
If you were arrested and
prosecuted for a crime that you did not commit I would bet the roof over my
head that you would want to be tried in this country over any other in the
world. Indeed your ministry has embarked
on an energetic campaign to encourage forum shopping by litigants around the
world in the hope that they will choose London to resolve their legal disputes.
The only reason why Russians and
others would choose to litigate in London is because they recognise that this
is a country with respect for the Rule of Law.
Judges are impartial and litigants, whoever they and however deep their
pockets, are guaranteed equality before the law. If the criminal justice system is sold down
the river to the lowest bidder Britain’s reputation as a bastion of fairness
will be profoundly diminished.
Jury trial has always been a
fundamental cornerstone of the philosophy that underpins the Conservative
Party. I am sure that you recognise a
jury trial is only as fair as the quality of the advocates undertaking it. With that in mind it is baffling that your
ministry is proposing to deny quality advocates from those who need them most.
Rich man’s justice is nobody’s
justice and justice is either properly executed or not at all. PCT will be a catastrophe for the criminal
justice system. PCT will be a
catastrophe for Britain and its standing in the world. Lastly PCT will be a catastrophe for your
legacy as Lord Chancellor and government minister.
Please do not do this.
Yours sincerely
Max Hardy
9 Bedford Row, Chambers of
Anthony Berry QC
