Serious delays

The shake-up in October of the legal aid system '”which stipulates defendants must now be means-tested '” is causing serious delays that could block up the court system, according to solicitors.

And they are warning there is now no guarantee solicitors will receive payment when they defend clients, which could prompt some to refuse to act until they are paid.

Alan Hobden, a leading criminal defence solicitor in Eastbourne, has hit out at the change introduced by the Legal Services Commission, warning it will cause the judicial system 'to grind to a halt'.

Until recently someone charged with an offence could get legal aid regardless of income. But since October 1, solicitors have to complete lengthy forms to apply for legal aid. The powers of magistrates and court clerks to grant legal aid have been removed and given to administrative staff at the offices of the Old Orchard Road building, which is causing huge delays while staff consider each case.

Staff have to check a means form '” the information from which is then put into an online calculator, which decides whether legal aid is to be granted.

Mr Hobden, a partner at Stephen Rimmer in Hyde Gardens, said forms are lengthy and complicated to complete and many cases are having to be adjourned because of delays processing them.

Delays also occur, said Mr Hobden, when some of the information is missing, or if someone is in receipt of benefits '” which means the Department of Work and Pensions must be consulted '” or if someone is self-employed or not in receipt of benefits, in which case the Legal Services Commission has to be consulted.

And there are there are other problems too.

"Defence solicitors are being pressured by the court to proceed in cases where legal aid has either been not determined or refused," said Mr Hobden. "Many applications are being refused because of lack of information or incorrect information, but how many people know their own national insurance number, let alone their partner's?

"These reforms are hitting the self-employed worst, then the employed and to a lesser extent those on benefits. If you are working and refused bail by the police the chances of your legal aid being determined that morning are very slim. Would you want to be fighting for your liberty, to keep your job and home, without representation?"

Some office staff at the law courts are also unhappy at the changes as it has led to extra work for them.

Their Civil Service Union representative Tony Davies, told the Herald, "It is causing problems with our staff. We have concerns about the amount of resources that have been allocated for the extra work involved. There seems to have been problems with computer links too."

The chair of the magistrates bench in Eastbourne and Hastings, Brian Higgins, said the new legal aid rules needed time to settle down.

"It is early days," said Mr Higgins, "and any new system requires time to bed in, but if it produces any significant delays in getting cases heard in the courts, then we would be very concerned."

The Legal Services Commission, which introduced the means-test forms, said they were brought in to save money because before someone charged with an offence could get legal aid regardless of their income.

A LSC spokesman said, "Solicitors have raised a number of issues about the application forms and the application process for the new criminal means test.

"We are listening and will be reviewing both as a matter of urgency.

"The system has successfully processed some 45,000 applications already. But we are aware of issues in the system, which we wish to address.

"The review will include consultation with solicitors and court staff with a view to simplifying the process as far as we can and picking up the detailed concerns that have been raised.

"There is general consensus among the profession that those who can afford to pay for their defence before the criminal courts should pay.

"The introduction of means testing in magistrates courts is about ensuring we have a sustainable legal aid system that can survive into the future. The means test will ensure those who can pay do pay saving around 35m each year.

"The savings will address the current overspend and assist a more sustainable legal aid system."

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