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Public fear legal aid cuts will lead to wrongful convictions, poll finds

This article is more than 9 years old
Bar Council survey shows 71% fear innocent defendants will be found guilty if forced to choose cheapest lawyer
Chris Grayling
The justice secretary, Chris Grayling, who plans to reduce the annual criminal legal aid budget by £220m. Photograph: Anthony Devlin/PA
The justice secretary, Chris Grayling, who plans to reduce the annual criminal legal aid budget by £220m. Photograph: Anthony Devlin/PA

More than 70% of the public fear that further cuts to legal aid could result in innocent people being convicted of crimes they did not commit, according to an opinion poll released by the Bar Council.

The survey, commissioned by the organisation which represents barristers in England and Wales, found that those most likely to be affected and most at risk were the poorest.

The research was carried out in response to proposals from the justice secretary, Chris Grayling, to reduce the annual criminal legal aid budget by £220m. Under the plans, the cost of judicial reviews will rise steeply, lawyers' fees will be slashed and criminal legal aid contracts awarded through competitive tendering. The consultation closes on 4 June.

An early day motion in the Commons condemning the plans has been signed by 60 MPs so far, mostly Labour. It deplores the abolition of defendants' right to choose their solicitor and warns that the changes will "reduce the quality of legal representation to the lowest standard possible".

The Bar Council opinion poll, carried out by ComRes, found that seven in 10 (71%) respondents were concerned that cuts to legal aid could lead to innocent people being convicted of crimes they did not commit if forced to use the cheapest defence lawyer available.

It also found that two-thirds (67%) agreed that legal aid was a price worth paying for living in a fair society. The poorest would be hit hardest by the proposed changes, according to 75% of those polled.

More than two-thirds (68%) of those questioned agreed with the proposition that at less than 0.5% of annual government spending, "legal aid is a worthwhile investment in our basic freedoms".

Maura McGowan QC, chairman of the bar, said: "Successive governments have failed in their efforts to undermine public confidence in legal aid. In fact, most people think it is a good investment in a fair society. This poll provides the evidence which the government has failed to gather. The public hugely values our legal aid system and it is concerned about the consequences of the government's proposals.

"The Ministry of Justice should listen to what people are saying and the strong messages delivered by this poll. The public thinks a properly funded legal aid system is a price worth paying for living in a fair society; this is not just the view of groups of lawyers."

She added: "Too often lazy stereotypes are used to describe our justice system. An independent legal profession, which operates to the highest standards and competes on quality, is fundamental to a fair and democratic society. The government seems to have relied too heavily on those stereotypes when formulating these proposals, but it is desperately out of touch with voters. People do not want to see a further reduction of their defence against big government."

In an interview with the Law Society Gazette this week, Grayling defended the removal of client choice, saying: "I don't believe that most people who find themselves in our criminal justice system are great connoisseurs of legal skills. We know the people in our prisons and who come into our courts often come from the most difficult and challenged backgrounds."

More on this story

More on this story

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  • Legal watchdog warns budget cuts will damage justice

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  • Legal aid cuts prompt top lawyers to leave the bar for careers on the bench

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