Exhibits A-D : four reasons why the legal aid reforms need to be stopped

The legal aid reforms will lead to innocent people being jailed. A barrister's wife explains why.

My blog, A Barrister’s Wife, started because I wanted to contribute to the Save UK Justice campaign against the changes to the criminal justice system outlined in the consultation paper Transforming Legal Aid: Delivering a more credible and efficient system. Some of the key changes are as follows:

  • Removal of the defendant’s right to choose a lawyer
  • Legal aid lawyers to be paid the same whether a defendant pleads guilty or goes to trial
  • Reduction of the income threshold at which defendants will be eligible for legal aid
  • Reduction of the number of legal aid providers from 1600 to 400
  • Competitive tendering for legal aid contracts

As things stand, these changes will be brought in under secondary legislation, without any debate in parliament. One of Save UK Justice’s aims is to get over 100 000 signatures on the Save UK Justice e-petition, so that these proposals might be debated in parliament.

When the campaign first started a few weeks ago I noticed that most of the conversation about the proposals was between lawyers. There was very little interest or input from non-legal people or the mainstream media. There seemed to be two reasons for this:

  • the public were unaware of the proposals and didn’t understand what they would mean in practice and in any case
  • the public wouldn’t care, because the only people perceived to be affected were lawyers and criminals

As the wife of a criminal barrister I have more insight into the workings of the justice system than most non-legal people. I decided to write a blog to try and debunk the myths that are ingrained in the public perception and to explain why these proposals should be of interest to everyone.

Initial posts covered the myth of the fat cat lawyer and the myth of the scumbag criminals. I then began looking in more detail at four of my husband’s cases. This “exhibits series” provides real life examples of how normal, law abiding, people can end up on the wrong side of the law. Each post concludes by explaining why the story matters and how each defendant might have fared under the MOJ’s proposals.

The Exhibits are:

Exhibit A – the “child pornographer”

Exhibit B – the “murderer”

Exhibit C – the “paedophile”

Exhibit D – the “fraudster”

There will be a Justice for Sale rally and demonstration in London on Wednesday 22 May, more information here.

Barrister's Wife is a barrister's wife. She writes a pseudonymous blog which offers a behind closed doors view of the justice system.

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The Women's March against Trump matters – but only if we keep fighting

We won’t win the battle for progressive ideas if we don’t battle in the first place.

Arron Banks, UKIP-funder, Brexit cheerleader and Gibraltar-based insurance salesman, took time out from Trump's inauguration to tweet me about my role in tomorrow's Women’s March Conservative values are in the ascendancy worldwide. Thankfully your values are finished. . . good”.

Just what about the idea of women and men marching for human rights causes such ill will? The sense it is somehow cheeky to say we will champion equality whoever is in office in America or around the world. After all, if progressives like me have lost the battle of ideas, what difference does it make whether we are marching, holding meetings or just moaning on the internet?

The only anti-democratic perspective is to argue that when someone has lost the argument they have to stop making one. When political parties lose elections they reflect, they listen, they learn but if they stand for something, they don’t disband. The same is true, now, for the broader context. We should not dismiss the necessity to learn, to listen, to reflect on the rise of Trump – or indeed reflect on the rise of the right in the UK  but reject the idea that we have to take a vow of silence if we want to win power again.

To march is not to ignore the challenges progressives face. It is to start to ask what are we prepared to do about it.

Historically, conservatives have had no such qualms about regrouping and remaining steadfast in the confidence they have something worth saying. In contrast, the left has always been good at absolving itself of the need to renew.

We spend our time seeking the perfect candidates, the perfect policy, the perfect campaign, as a precondition for action. It justifies doing nothing except sitting on the sidelines bemoaning the state of society.

We also seem to think that changing the world should be easier than reality suggests. The backlash we are now seeing against progressive policies was inevitable once we appeared to take these gains for granted and became arrogant and exclusive about the inevitability of our worldview. Our values demand the rebalancing of power, whether economic, social or cultural, and that means challenging those who currently have it. We may believe that a more equal world is one in which more will thrive, but that doesn’t mean those with entrenched privilege will give up their favoured status without a fight or that the public should express perpetual gratitude for our efforts via the ballot box either.  

Amongst the conferences, tweets and general rumblings there seem three schools of thought about what to do next. The first is Marxist  as in Groucho revisionism: to rise again we must water down our principles to accommodate where we believe the centre ground of politics to now be. Tone down our ideals in the hope that by such acquiescence we can eventually win back public support for our brand – if not our purpose. The very essence of a hollow victory.

The second is to stick to our guns and stick our heads in the sand, believing that eventually, when World War Three breaks out, the public will come grovelling back to us. To luxuriate in an unwillingness to see we are losing not just elected offices but the fight for our shared future.

But what if there really was a third way? It's not going to be easy, and it requires more than a hashtag or funny t-shirt. It’s about picking ourselves up, dusting ourselves down and starting to renew our call to arms in a way that makes sense for the modern world.

For the avoidance of doubt, if we march tomorrow and then go home satisfied we have made our point then we may as well not have marched at all. But if we march and continue to organise out of the networks we make, well, then that’s worth a Saturday in the cold. After all, we won’t win the battle of ideas, if we don’t battle.

We do have to change the way we work. We do have to have the courage not to live in our echo chambers alone. To go with respect and humility to debate and discuss the future of our communities and of our country.

And we have to come together to show there is a willingness not to ask a few brave souls to do that on their own. Not just at election times, but every day and in every corner of Britain, no matter how difficult it may feel.

Saturday is one part of that process of finding others willing not just to walk a mile with a placard, but to put in the hard yards to win the argument again for progressive values and vision. Maybe no one will show up. Maybe not many will keep going. But whilst there are folk with faith in each other, and in that alternative future, they’ll find a friend in me ready to work with them and will them on  and then Mr Banks really should be worried.