The Legal Brief - 21st June 2023

Crisis Looms as Duty Solicitor Numbers Plummet in Criminal Justice System

The Law Society has warned that the criminal justice system in England and Wales is facing an imminent crisis as the number of duty solicitors is projected to decline by over 2,000 by the year 2027. This decline is occurring alongside a steady rise in arrests, leading to what experts describe as a "perfect storm" on the horizon. With the recent publications, urgent attention is needed to address the significant impact this decline will have on the system.

According to newly released data, the number of duty solicitors has already seen a substantial drop of 1,446 since 2017, and the situation is expected to worsen with an estimated loss of an additional 618 solicitors by 2027. This decline coincides with a rise in arrests, as indicated by the Home Office stop and search data published in October last year. After seven consecutive years of decline, the statistics showed an increase in arrests. Adding to the complexity, the Home Office previously predicted that the recruitment of 20,000 additional police officers could result in an influx of 729,000 cases entering the system by 2030.

Analysis conducted by the Law Society reveals a troubling outlook for duty solicitor schemes across the country. In 42 out of 43 police areas, there will be a decrease in the number of duty solicitors registered on these schemes. The president of the Law Society, Lubna Shuja, expressed concern about the wide-scale collapse of these schemes, emphasizing the detrimental impact it will have on victims, witnesses, and society as a whole.

Reports have emerged from members of the legal profession who are already grappling with the strain of covering duty schemes. Disturbingly, there have been instances where suspects have been released by the police due to the inability to proceed with interviews in the absence of legal representation. As duty solicitor numbers continue to decline, Shuja raises a crucial question: who will represent the growing number of detainees entering the criminal justice system? The vital role played by duty solicitors in providing early-stage legal advice at police stations is essential for ensuring access to justice for all, but the scarcity of these professionals is becoming increasingly evident due to financial constraints.

Consequently, it appears that the criminal justice system in England and Wales is on the verge of a crisis as the number of duty solicitors continues to plummet. The significant decline, coupled with a rise in arrests and a surge of cases expected in the coming years, creates a "perfect storm" that threatens the efficacy and fairness of the system. Urgent action is necessary to address this critical issue and safeguard the rights of victims, witnesses, and defendants alike. The Law Society has called upon the government to implement the recommendations of the Bellamy criminal legal aid review in their entirety, emphasizing the need for immediate and comprehensive measures to prevent the collapse of duty solicitor schemes. Failure to act swiftly and decisively risks compromising access to justice for all and undermining the integrity of the criminal justice system as a whole.

Written by Max Howard

Due to the myths around rape statistics, people’s attitudes towards rape cases and victims are questionable. For example, people often suggest that the jury conviction rate for rape cases is at 6%.??

However, in 2007, the jury conviction rate stood at 55%. In 2021, that has risen to 75%. This is higher than other serious crimes recent over the 15-year period was 58%, whereas the average conviction percentage for serious crimes is at 49% for s.20 GBH and 48% for s.18 GBH. This shows that when cases of this nature are in court, the conviction rate favours victims and should encourage them to believe that the criminal justice system focuses on fairness and achieving a ‘just’ outcome.??

However, the official government data has suggested that due to the court delays, low police conviction rates and fears over the trauma of reliving the crime in court 69.2% of victims withdrew from the investigations. This figure has been increasing over the years, given in 2016 the figure was at 55.5%.??

?This has created uproar in the community, given the difficulties victims already face when reporting these types of offences.??

?The Ministry of Justice has also recently announced that adult rape victims or victims of sexual violence will be entitled to meet the prosecution team ahead of the trial. The reasoning behind this is because trials can often be intimidating and off-putting for rape victims. This initiative will mean the victims can be informed on what to expect and the special measures that may be available. This will come into effect through an updated Victim’s Code when the Victims and Prisoners Bill comes into law. The labour party have proposed a scheme that offers free legal advice to rape survivors to decrease the number of victims that drop out.??

?The labour party has also proposed opening a specialist rape court listing rape cases as a priority and fast-tracking team and Keir Starmer promised that “he would double the number of staff employed by the government to serve as crown prosecutors.” This will mean that the timeframe between being charged to the trial will shorten. On average rape cases take more than 2 years to complete. These proposals are simply just ideas, the difficulty comes when trying to implement them. Currently, the courts do not run at full capacity. Courtrooms are closed, the amount of Court staff members is decreasing and the amount of cases that are being heard per day has drastically fallen.????

?https://rapecrisis.org.uk?

https://www.sarsas.org.uk?

?Written by Gabrielle Coates

This week from Legally Speaking Podcast host, Robert Hanna :

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