Musings and Snippets from a recently retired JP. I served for 31 years, mostly in west London. I was Chairman of my Bench for some years, and a member of the National Bench Chairmen's Forum All cases are based on real ones, but anonymised and composited. All opinions are those of one or more individuals. JPs swear to enforce the law of the land, whether or not they approve of it. Nothing on here constitutes legal advice.
Thursday, May 01, 2014
A Straw In The Wind
Here's the most serious problem so far caused by the near-abolition of Legal Aid Case Halted .
The government imagines that counsel is available, even if careful to limit that claim to high cost cases. Reality: DOJ is lying, again. Meanwhile, what about the average incompetent defendant in the magistrate's court ? Presumably, only high cost cases risk the wrong type of injustice.
Since the start of the abolition of legal aid, I have wondered whether this argument would be valid: I would be able to mount a defence is I could afford a lawyer, but through no fault of me own, I cannot. If the bench accepts that I would otherwise be able to mount a defence, does that not constitute reasonable doubt? IOW, ALL cases without a lawyer must henceforth be dismissed until legal aid is restored. Now watch the government scramble over that.
Posts are pre-moderated. Please bear with us if this takes a little time, but the number of bores and obsessives was getting out of hand, as were the fake comments advertising rubbish.
The government imagines that counsel is available, even if careful to limit that claim to high cost cases. Reality: DOJ is lying, again. Meanwhile, what about the average incompetent defendant in the magistrate's court ? Presumably, only high cost cases risk the wrong type of injustice.
ReplyDeleteSince the start of the abolition of legal aid, I have wondered whether this argument would be valid: I would be able to mount a defence is I could afford a lawyer, but through no fault of me own, I cannot. If the bench accepts that I would otherwise be able to mount a defence, does that not constitute reasonable doubt? IOW, ALL cases without a lawyer must henceforth be dismissed until legal aid is restored.
ReplyDeleteNow watch the government scramble over that.