*/
The findings of the Joint Committee on Human Rights on the implications for access to justice of the Government’s proposals to reform judicial review; the publication of the Jeffrey Review; and facing challenges with resilience and determination.
It is 700 years since Edward II’s army was defeated by Robert the Bruce at Bannockburn, on 23-24 June 1314. At school, we were taught that Robert was inspired to overcome early setbacks in his career by a spider who refused to give up. The spider is now thought to have been an invention, probably by Sir Walter Scott, but his inspiration remains a valuable one for advocates, who often have to display persistence in the face of adversity if a case is to be properly presented. That is certainly true at present of the case for preserving access to justice in criminal, family and civil cases.
Support for that case came at the end of April from the Joint Committee on Human Rights, which is made up of MPs and peers, with a majority drawn from the coalition parties. In its report on The implications for access to justice of the Government’s proposals to reform judicial review, the Committee found, unsurprisingly, that the Government’s proposals would have a negative effect on access to justice.
However, the Committee went further and questioned the conduct of the Lord Chancellor in bringing forward these proposals. The Committee’s language is measured, but its message is powerful: “In an article in The Daily Mail on 6 September 2013, the day on which the Government’s judicial review consultation was launched, the Lord Chancellor suggested that the rationale for the Government’s proposed reforms is that judicial review is being used as “a promotional tool by countless Left wing campaigners.” Such politically partisan reasons for restricting access to judicial review, in order to reduce the scope for it to be used by the Government’s political opponents, do not qualify as a legitimate aim recognised by human rights law as capable of justifying restrictions on access to justice, nor are they easy to reconcile with the Lord Chancellor’s statutory duties in relation to the rule of law.”
The Committee has proposed a review of the combined office of Lord Chancellor and Secretary of State for Justice. This issue was also raised by several speakers in the House of Lords debate on 7 May 2014 on the latest regulations restricting legal aid for judicial review cases. Baroness Deech put the matter well, and succinctly, when she said, “Our system of justice lacks a champion.”
Sir Bill Jeffrey has now published his report on the market for criminal advocacy services. He has made recommendations which will be considered and debated by the professions, the regulators, the Government and the Courts. It is worth pausing, however, to consider some of the factual findings which he made:
These facts will come as no surprise to members of the Bar. Others may cavil, but they are the findings of an independent review by someone with no axe to grind. They deserve to be taken seriously.
We have proposed action by the Legal Aid Agency and the Criminal Procedure Rules Committee to address these specific c issues. We have also established a Criminal Justice Review Group, with Geoffrey Rivlin QC as chairman and with members drawn from the Criminal Bar Association, the Circuits, the employed Bar and the young Bar. This will provide an opportunity for the profession not merely to engage with and respond to the Jeffrey and Leveson reviews, but also to look ahead and consider carefully how best to ensure that the criminal Bar survives and flourishes, addressing the many challenges which it faces with the same resilience and determination as Robert the Bruce and his spider.
Support for that case came at the end of April from the Joint Committee on Human Rights, which is made up of MPs and peers, with a majority drawn from the coalition parties. In its report on The implications for access to justice of the Government’s proposals to reform judicial review, the Committee found, unsurprisingly, that the Government’s proposals would have a negative effect on access to justice.
However, the Committee went further and questioned the conduct of the Lord Chancellor in bringing forward these proposals. The Committee’s language is measured, but its message is powerful: “In an article in The Daily Mail on 6 September 2013, the day on which the Government’s judicial review consultation was launched, the Lord Chancellor suggested that the rationale for the Government’s proposed reforms is that judicial review is being used as “a promotional tool by countless Left wing campaigners.” Such politically partisan reasons for restricting access to judicial review, in order to reduce the scope for it to be used by the Government’s political opponents, do not qualify as a legitimate aim recognised by human rights law as capable of justifying restrictions on access to justice, nor are they easy to reconcile with the Lord Chancellor’s statutory duties in relation to the rule of law.”
The Committee has proposed a review of the combined office of Lord Chancellor and Secretary of State for Justice. This issue was also raised by several speakers in the House of Lords debate on 7 May 2014 on the latest regulations restricting legal aid for judicial review cases. Baroness Deech put the matter well, and succinctly, when she said, “Our system of justice lacks a champion.”
Sir Bill Jeffrey has now published his report on the market for criminal advocacy services. He has made recommendations which will be considered and debated by the professions, the regulators, the Government and the Courts. It is worth pausing, however, to consider some of the factual findings which he made:
These facts will come as no surprise to members of the Bar. Others may cavil, but they are the findings of an independent review by someone with no axe to grind. They deserve to be taken seriously.
We have proposed action by the Legal Aid Agency and the Criminal Procedure Rules Committee to address these specific c issues. We have also established a Criminal Justice Review Group, with Geoffrey Rivlin QC as chairman and with members drawn from the Criminal Bar Association, the Circuits, the employed Bar and the young Bar. This will provide an opportunity for the profession not merely to engage with and respond to the Jeffrey and Leveson reviews, but also to look ahead and consider carefully how best to ensure that the criminal Bar survives and flourishes, addressing the many challenges which it faces with the same resilience and determination as Robert the Bruce and his spider.
The findings of the Joint Committee on Human Rights on the implications for access to justice of the Government’s proposals to reform judicial review; the publication of the Jeffrey Review; and facing challenges with resilience and determination.
It is 700 years since Edward II’s army was defeated by Robert the Bruce at Bannockburn, on 23-24 June 1314. At school, we were taught that Robert was inspired to overcome early setbacks in his career by a spider who refused to give up. The spider is now thought to have been an invention, probably by Sir Walter Scott, but his inspiration remains a valuable one for advocates, who often have to display persistence in the face of adversity if a case is to be properly presented. That is certainly true at present of the case for preserving access to justice in criminal, family and civil cases.
A decade of cuts and the brutal pandemic have left courts and barristers struggling to cope – a bid for justice spending
The Lawyers’ Group of the Oasis of Peace UK are delighted to announce that on Thursday, 28 October 2021, Professor Philippe Sands QC will be delivering the 12th Rueff Lecture (via Zoom) entitled ‘Thinking About an International Rule of Law’
Inés Rivera explains how speech technology is transforming policing, courts and prisons
Philip N Bristow explains how to unlock your aged debt to fund your tax in one easy step
With the property market witnessing significant changes since the beginning of the pandemic, Fleet Street Wealth’s Managing Director Julian Morgan considers the future of the home, the second home and the office
In partnership with the Bar Council, LexisNexis is offering up to 60% off its extensive webinar offering.
Should we cap numbers coming to the Bar? Or help them make data driven decisions? asks IshanKolhatkar
In a profession which can be attached to, and defined by, archaic stereotypes, how to be yourself, explore new areas and own your own time? Here are Lennart Poulsen's 'lessons learnt'...
Other sectors have support staff in place for senior professionals, so why not the Bar? An established barrister/VA team and their matchmaker explain how they make it work
Two years in, the first Domestic Abuse Commissioner for England and Wales talks to Natasha Isaac about getting the sector from survival to thrive mode, the critical role of IDVAs and ISVAs, and her desire to work with the Bar
Charlotte Mackenzie introduces the project increasing access to justice in Malawi through education on bail rights
