Cuts Leave Defendants Un-represented
Since the Governments scrapping of the £318 fixed fee for committal proceedings in either- way cases it has been stated that more Defendants are being left un-represented in the Magistrates’ Court.
Since the changes came in to force on the 3rd October 2011 solicitors have not been paid for work in the Magistrates’ Court in either way offences that are sent to the Crown Court. This has meant a cut of almost 50%.
The Law Society have expressed a concern that the cut will create a real risk that solicitors may decide that they can no longer afford to represent defendants in committal proceedings in the Magistrates’ Court. This was result in a surge in the number of un-represented Defendants.
To back up their concern the Law Society referred to a survey completed by the Lord Chancellor of court staff on the 16th January 2012. This showed that four courts had reported the number of un-represented Defendants increasing by 20% to 50% or more.
There is also an expectation that there will be more delays as cases will be reaching the Crown Court without full preparation pre-committal.
The Law Society is seeking to quash the decision to remove the fee. If the decision is quashed those solicitors who have attended committal proceedings for cases granted representation orders since the changes on the 3rd October 2011 will be paid for doing so.
In our Criminal Law Department, Stephen Rodgers is qualified as a Higher Court Advocate. This means that our clients can have the same representation and seamless service all the way from the Police Investigation up to the Crown Court.
Call Lewis Rodgers Solicitors (Winsford) on 01606 861858 or (Macclesfield) on 01625 429114.