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Legal aid changes will 'put innocent at risk' say Croydon solicitors

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"THE job is not just about looking after criminals, but also supporting the poor, vulnerable and innocent," explains solicitor Robert Hardy-McBride.

"The changes to legal aid mean more of those people will end up representing themselves, leading to clogged up courts and miscarriages of justice.

"It will create super-firms whose employees, under cost constraints, will feel pressured to look at profit before quality, and lead to more people pleading guilty, even if they have not committed a criminal offence."

In the face of overwhelming opposition from the legal profession, justice secretary Chris Grayling this week dropped one of the most controversial aspects of plans to cut £220 million a year from the legal aid budget.

A petition against depriving defendants of the choice of who they are represented by - a longstanding principle of the justice system - received more than 100,000 signatures.

The u-turn does not affect the scale of the cuts or plans to see fewer but bigger organisations providing legal aid through the imposition of a centralised contract system, open to companies with no previous experience.

Mr Hardy-McBride believes the plan to create 'super-firms' will not only put dozens of smaller firms out of business but have far-reaching consequences for people accessing legal aid, which helps pay for advice, mediation or representation in court for those who cannot afford it.

"There are about 1,600 firms carrying out criminal legal aid in England and Wales and the Government wants to award 400 contracts," he said.

"These contracts will be awarded, primarily, to the lowest bidder. No tender will be accepted if doesn't save at least 17.5 per cent.

"Such low costs will lead to corners being cut in case presentation and it is feared that the less scrupulous will persuade innocent to plead guilty."

"There will be a very definite incentives to plead guilty," added Warren Mitchell, partner at Rubie Mitchell.

"What the government has specifically said during the consultation is we will receive the same fee for a guilty plea as for a trial.

"That will result in staff being under pressure to increase the number of people who plead guilty.

"There have always been incentives, such as a reduced sentence, but now there will be a financial motivation.

"Legal aid will go to big companies, potentially with no past experience, who may set targets which don't have people's best interests in mind."

In south London the number of legal aid providers will be reduced from 50 to 18.

"That is nowhere near as viable as the Government thinks it is," said Mr Mitchell.

"What will happen is the lowest bidders will do 1/18 of all police stations, 1/18 of all magistrates cases and 1/18 of what happens in crown court.

"It's a drive to the bottom and the surviving firms will not be able to afford to provide a good service."

Legal aid costs taxpayers about £2 billion every year. Criminal defence makes up more than half of the expenditure, a situation ministers says is unsustainable.

Plans to cut the bill include removing automatic access to legal aid for defendants with a disposable income of more than £37,500.

Each of the solicitors the Advertiser spoke to acknowledged that law-abiding citizens might question why they should be concerned, but said dismissing the changes would be a mistake.

Mr Hardy-McBride, of Steel & Samash based in Waterloo, does most of his work at Croydon's police stations and magistrates court.

"You don't have to have done anything wrong to find yourself arrested," he said.

"I dealt with about 30 people at police stations last month and only five were charged.

"Even if you are charged, you are still innocent until found guilty and deserve the best possible representation. It's a fundamental right."

Laurence Imrie, associate partner at Rubie Mitchell, said: "Criminal lawyers know it will be difficult to get sympathy because most people in the public can't stand you, but anyone who has a car accident could kill someone.

"If you are a parent you could have a child who goes on a night out and gets in a punch up which ends in a murder case.

"Or you could be a man who upsets his girlfriend and ends up with false rape allegations made against you.

"We do represent innocent people and these changes are going to see those people convicted of offences, either through low standards or because they are going to be pressured to plead guilty."

Legal aid changes will 'put innocent at risk' say Croydon solicitors


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