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Legal Aid abolished in Magistrates Courts
BillieTheBot
Posts: 8,721 Bot
New rules introduced today have made it almost impossible to get Legal Aid in the magistrates courts, meaning that unless you are hyper-rich you can't afford to defend yourself.
Only people earning less than £11,000 a year will be eligible for Legal Aid. Predictably the Government has said this is clamping down on "the rich" getting aid.
http://news.bbc.co.uk/1/hi/uk/5396872.stm
Thoughts?
Only people earning less than £11,000 a year will be eligible for Legal Aid. Predictably the Government has said this is clamping down on "the rich" getting aid.
http://news.bbc.co.uk/1/hi/uk/5396872.stm
Thoughts?
Beep boop. I'm a bot.
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Comments
Just bring them in and give them the pointless jail sentence you want to give them.
Hell, even if you are found not guilty they still will find a way to deport you.
Out of interest, how much would it cost to defend yourself, roughly speaking?
But on the other hand a lot of stuff in mags doesn't really require the use of lawyers. A lot of stuff doesn't require them really. I have to stop myself from snorting when I hear some of the crap they come out with.
Which is just crap.
Crap as in hard to live on or crap as in you don't agree?
What cases can you push to have heard in Crown courts?
That is incorrect. Only certain crimes (more serious ones) can be heard in the crown court.
It's about making the crime figures look better- how many people will plead guilty when they didn't do it because they can't afford to pay for the solicitor to defend themselves? And if they do do it alone, how easy will it be for an experienced CPS lawyer to wrap them up in knots?
As it stands, if you are acquitted you get reasonable legal costs back, and these fees are higher than on the legal aid scheme. However, this a) isn't publicised (but is why many legal aid lawyers will do pro bono work for "valued" clients- every so often they win) and b) isn't much of a concern when you have to stump the cash up front.
Even if you have a chance of going to prison you will have to pay fees, and so will be denied access to important legal advice unless you have the money. How many people have the spare cash to pay £300 or £400 out in one go?
I've done legal aid work on defending and appealing ASBOs, but they've always been for people with mental difficulties, who are entitled to legal aid regardless.
"Is every body happy!? You bet your ass we're happy!"
You still have the right to be represented, it's just that now it's more likely you'll have to pay for it.
I think that's still free, its just when it gets to court you will be means tested on the assistance you receive, instead of receiving it free of charge if the matter will result in you losing your liberty or livelihood.
You can request your case goes to crown, at very least, you are legally entitled to have your case heard by Jury, in which case they can select a 6 person jury, even in a magistrates.
:no:
There is no jury in a magistrates court. There are different types of offences, less serious ones can not be tried in the crown court even if the defendant wants them to be. Eg: motoring offences, threatening behaviour. :no:
It kinda means you're screwed and they might as well convict you upon charging. Our min wage is £5.05 per hour. What the £11k means in real terms is that anyone who works full-time and can try and will try in their lives will be above automatic level of free legal aid. 40hrs a week in a £6hr job takes you well above this pathetic £11k limit.
The people who will be worst affected by this are those in entry level jobs, younger people and/or those working long hours/two jobs on minimum wage- usually those who are less well educated and therefore those who are least likely to have the time, tenacity and resources to prepare a decent defence for themselves... These are likely to include single-parents struggling to support themselves outside of the benefit system and those who have literacy/education needs, self-esteem/mental health issues etc - the people we should be helping not banging them up without access to fair representation. And like Kermit said- who has a spare £400 to stump up upfront just to speak to someone who knows what they're doing to keep you outta jail?
Then, throw that in with the fact that Magistrates are not trained in law AT ALL! They are volunteers from within the community who do not get paid and can only claim minimal expenses for their efforts. In theory most anyone can be a magistrate (though you are supposed to declare any freaky allegance to certain group/allegances). In practice - how many people can afford to be a volunteer? And, how many people in low in come households and entry level jobs where this move will hit hardest either know they could apply to be a magistrate or could afford to do it? As much as I'm adverse to reverse snobbery, I find it to be true that magistrates are... country-club, cucumber sandwich eating, golf players and (oh yeah- stick a sock in it, there she goes again) black and ethnic minorities are still significantly under-represented...
Boo!
In country that still uses capital punishment.
again, fuck I'm glad I live in the USA.
Yes, and that legal representation will tell you to plea bargin because its your only hope. The judge will then ignore your guilty plea bargin and give you a whacking long sentence.
You're confusing legal aid and legal representation.
Legal aid is where the Government pays the defence solicitor for you- you don't have that in the US, do you? All that's changed is that the "rich" (anyone who works, basically) will have to pay instead- you still get your lawyer if you pay for one.
PussyKaty, I'm pretty sure any defendant can elect for Crown Court for criminal offences, and that this has not been removed. Certain motoring offences are no longer criminal matters.
In the US, (as far as I know) you are always given representation, so you will get a lawyer for free if you cant afford it. But they are a deeply mixed blessing. A huge number of them are basically just there to push you through the court as quickly as possible and into a cell.
Sounds a lot like the aborted "community defender" programme over here, where instead of an independent criminal solicitor working for you, you were press-ganged into taking a solicitor from what was basically the CPS.
Exactly, you get the 'state defender' who may be a just out of law school idealistic person who is willing to fight hard for you all the way. Or it might be a crap lawyer who cant get a job elsewhere and doesnt give two fucks about you.