E PETITION FOR THE MINISTRY OF JUSTICE TO ABANDON PLANS FOR PRICE COMPETITION FOR CRIMINAL DEFENCE SERVICES

I set up this petition because the Ministry of Justice have indicated that they intend to introduce price competition for criminal defence services and that they will be consulting on the matter towards the end of 2011. The petition is intended to galvanise opposition to the proposals as publication of the consultation draws closer.

http://epetitions.direct.gov.uk/petitions/21031

It is also intended to give the MoJ an opportunity to engage with the profession in the hope that they will realise that price competition is not the way forwards.

Price competition might be an effective mechanism for buying filing cabinets or waste paper bins but not criminal defence services where justice is at stake.

In his March 2010 report for the MoJ, Sir Ian Magee observed that '' the (Legal Services) Commission has worked to control the amount of expenditure incurred on criminal legal aid. This has fallen in real terms by 12% over the last five years. The Commission has primarily controlled legal aid expenditure by implementing a series of significant reforms to the remuneration of and eligibility for criminal legal aid, which have not always been welcomed by the profession ''.

Again in March 2010 the Ministry of Justice document "Restructuring of the Delivery of Criminal Defence Services" stated "we are very aware of what criminal legal aid providers have been telling us about the sustainability of the system. They have said that they are at or close to the point at which it is no longer profitable for them to carry on" (Jack Straw).

Cuts imposed by the Labour Administration under Jack Straw or his predecessors have had a profound effect. Figures published by the Legal Services Commission last week show that expenditure in the Magistrates courts and at police stations has dropped year on year for the last five years and is now below 2001/2 levels, which is extraordinary when one considers the rise in the cost of living during that period. In April 2009 Monthly Payments to solicitors nationally for police station and Magistrates court work totalled £39 million. By July 2011 the figure had reduced to £31 million. Each month ‘crime lower’ is costing the Government £8 million less that just over two years ago. Savings made as a result of measures introduced prior to the General Election truly are enormous.

Following the General Election austerity measures were announced without any recognition of the fact that Criminal Defence practitioners had already been through a 5 - 10 year period of austerity. Despite what Sir Ian McGee and Jack Straw recognised, further cuts were implemented that will have a dramatic effect upon practitioners throughout 2012. Even conservative estimates suggest that firms are likely to see income reducing by up to 10% and some estimates place the figure at a much higher level.

Against this backdrop, the MoJ are proposing price competition in an attempt to drive rates lower still! The wheels are about to come off. We should pride ourselves on the emphasis this country places on concepts of justice and liberty instead of trying to pay for it on the cheap.

The Government needs a period of stocktaking. It should do nothing until it has had chance to assess the impact of the cuts that have just kicked in. Price competition will not save a penny in the short term, it is a long term solution, and I believe it is the wrong solution.

The petition went live on Thursday 3^rd November and by Monday 7^th September almost 1000 people had already signed it.

I am urging all those who care about justice to sign the petition, and to circulate it to colleagues, Facebook friends, LinkedIn connections and email contacts.

Olliers
Castlefield Chambers,
Manchester,
M34NF.
0161 827 7010
www.olliers.com
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Notable cases

2011:R –v- B, Liverpool Crown Court, acquittal of defendant in multi-million pound class A drugs conspiracy.
2011:R –v- B, Northampton Crown Court, Olliers act for Company Director in multi-million MTIC fraud.
2011:R v S,York Crown Court instructed by accountant alleged to have conspired to defraud HMRC.
2011:R –v- B, York Crown Court, representation of defendant facing allegation of conspiracy to steal from department for Food and Rural Affairs.
2011: R –v- B, Manchester Crown Court, acquittal of client on murder allegation.
2010:R –v- T, Bradford Crown Court. acquittal of client in conspiracy to supply Class B.
2011:R-v-E, Manchester Crown Court. acquittal of client in multi-handed local council fraud.
2011:R –v- F, Manchester Crown Court, Company Director acquitted in multi-million pound alcohol diversion fraud.
2011 : R –v- G, Kingston Crown Court, representation of Company Director in connection with £20million MTIC fraud.
2011:R –v- P, Birmingham Crown Court, Olliers instructed by defendant alleged to have been involved in largest ever attempt to import Class A drugs into the UK.
2011:R –v- J, Manchester Crown Court, representation of financial advisor facing allegation of conspiracy to commit fraud during the course of a buy to let business.
2011:R –v- B, Mold Crown Court, Olliers act for charity co-ordinator facing allegations of misappropriation of funds received from Welsh Government Assembly.
2011: R –v- B, Southwark Crown Court, representation of Director of a potato company facing bribery allegations involving major supermarket.
2011:Olliers instructed by former Managing Director plc in connection with SFO investigation into collapse of business with bank debts of £75million.
2011: R –v- C, Southwark Crown Court, representation of former solicitor accused of conspiring to defraud Building Society of £500,00.00.
2010: R –v- S, Manchester Crown Court, Acquittal of defendant in Facebook Juror Case, multi-million pound drugs conspiracy.
2011: R –v- A, Kingston Crown Court, Olliers act for a CEO of Dubai company alleged to have been involved in multi-million pound money laundering offences
2010:R –v- G, Mold Crown Court, Company Director acquitted following 5 week Trading Standards Timeshare prosecution.