Will you get Justice?
The Prime Minister has stated his intention to alter the Criminal Justice System so as make it easier to convict people. Recent years have seen many changes which are cumulatively tipping the scales towards the prosecution: -
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Uneven resources: Just as the defence are pressured to defend more and more cases with an ever tightening budget so in the same period we have seen increases in police resources and a greater sophistication of investigations.
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Uneven court proceedings: legislative changes including the end of the historic unfettered right to silence; introduction of bad character provisions allowing for a defendant’s previous convictions to be known to the jury; a more restrictive approach to disclosure to the defence of all the material available to the prosecution; greater pressure on defence lawyers to disclose their client’s defence.
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The provision of greater legal and financial resources for the prosecution combined with cuts in legal aid will reduce the balance and fairness of our criminal justice system. To this context, add the Carter impact:
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Fixed fees in the police station with no element payable for waiting time will open up the potential use of delay tactics by the police.
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Crude financial encouragement of early guilty pleas will disencourage lawyers from fully examining their clients’ cases. These dangers are only too obvious to those with experience of working in the system.
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Historically, miscarriages of justice have been overturned by the diligent efforts of individual lawyers, often working alone or in small practices: the model of corporate efficiency envisaged by Carter will leave no time nor room for such unpaid work.