THERE were pickets outside probation offices and a march on
Westminster this week, as solicitors and probation officers argued
against cuts to the legal-aid system and the privatisation of 70
per cent of the Probation Service. The National Association of
Probation Officers argues that the supervision of ex-offenders will
suffer. An internal assessment last year warned that the risk of
"an unacceptable drop in operational performance" was more than 80
per cent.
The Bishop of Newcastle, speaking in the Lords last May, listed
some of the concerns about the Government's proposals: "the
fragmentation of services, the risks of perverse incentives to
providers, the question of how best practice is to be shared and
developed", and "the question of how good communication between all
parts of the system can be established". He was also worried about
the speed of change, and "the greater danger of dissipating the
accumulated wisdom and expertise of existing probation teams and
services". The dismantling of the Probation Service, he said, would
be "a tragic mistake".
The Government's objective is to save £215 million, and
restrictions in legal aid have already started biting. Last week,
Imran Khan, the solicitor who acted for Stephen Lawrence's family,
said: "If the Lawrence case landed on my desk today, I wouldn't be
able to take it." The pinch is already being felt in the family
courts, subject to earlier restrictions. The proportion of those
represented by a solicitor has dropped from 42 per cent before the
changes to just 18 per cent today. Legal aid can now be accessed
only by those who have suffered domestic abuse, or by those whose
children are under threat. But the new system seems to invite
miscarriages of justice. Even to apply for legal aid, a
domestic-violence victim (assuming she made it to the Ministry of
Justice website) is told: "You will need to know the court where
your ex-partner was sentenced. You can either write to court or
visit them in person. Sometimes a case is heard in a magistrates'
court but sentenced in the Crown Court. The magistrates' court
should be able to tell you where the sentencing took place. If you
do not know the court, you could ask the police officer who was
leading the investigation. . . You may have to pay a fee for the
copy of the record." (The original is longer.)
Protests at the Government's reforms have been represented in
some quarters as protectionism by people who have got used to being
paid too much. But evidence is emerging that people who need legal
help are not able to get it. Savings in the legal bill are thus
likely to lead to the cost of family breakdown running into the
next generation. The answer to an overstretched justice system is
not to court greater injustice.