Denial of justice

As the name Young Legal Aid Lawyers (YLAL) suggests, we are committed to supporting the provision of publicly funded legal help for people who are unable to pay for advice and representation.

While ruinous cuts to civil
and criminal legal aid in the
last five years have led to demonstrations, judicial review challenges, and even direct action by the legal profession, the government has also been restricting access to justice by drastically increasing court fees.

The national media has recently generated interest in the criminal courts charge after concerns it creates a perverse financial incentive - or perhaps imperative - for innocent but impecunious people to plead guilty. The charge was introduced in April 2015, is non-discretionary, ranges from £150 to £1,200, and in recent weeks there have been several reports of magistrates resigning in protest at being forced to impose the charge.

Richard Monkhouse, chairman of the Magistrates Association, called for a review 'with a view to granting judges and magistrates discretion in applying the charge because we know the majority of offenders will never be able to pay, and worse, that it may influence their pleas'. If the charge is to be retained in any form, it must be subject to the discretion of the judge or magistrate.

In July, the Ministry of Justice (MoJ) began consulting on further increases to fees for
civil claims in a consultation which closes on 15 September.
The government proposes the maximum fee for money claims, excluding personal injury and clinical negligence, should rise from £10,000 to at least £20,000, with fees in the immigration and asylum chambers doubling, and a 'general uplift' of 10 per cent to a wide range of other civil fees.

Also in July, the Justice Select Committee (JSC) announced its inquiry into the previous increase of civil court fees, the introduction of significant fees for employment tribunal claims, and the effects of the criminal courts charge.

The effect of employment tribunal fees is easiest to measure, as two years have passed since the regime came into force. The government's own statistics confirm, predictably, that the introduction of fees coincided with - although some might say 'caused' - a steep decline in the number of tribunal cases.
The most substantial reductions came in sex discrimination and redundancy claims, where a decrease of over 80 per cent was reported. However, all types of claims have been affected, including equal pay, unfair dismissal, and race, disability, and age discrimination.

The government sought
to justify the fees as a measure to discourage 'vexatious' claims.
Yet, despite the vast decrease
in the number of claims being brought, there is no evidence
of a discernible impact on
the proportion of successful cases. It is, therefore, beyond question that fees are discouraging victims of discrimination and unfair dismissal from bringing meritorious claims; in other words, this is justice denied.

The criminal courts charge
and increased fees for civil claims will have a similarly pernicious impact on access
to justice. Any one of us could be accused of a crime we
did not commit, unfairly dismissed from our job, or the victim of unlawful treatment.
An ability to seek legal redress should not be determined by financial means. YLAL will continue to try to persuade
the government that the rule
of law depends on all of society having equal access to justice, irrespective of wealth. SJ

 

Oliver Carter and Rachel Francis are co-chairs of the Young Legal Aid Lawyers. Oliver is a trainee solicitor at Irwin Mitchell and Rachel is an immigration and family barrister at 1 Pump Court

@YLALawyers