Justice is the first of our human rights

Given the seeming lack of public reaction to the chaos engulfing our legal system, you could be forgiven for thinking that most people haven't even blinked an eye while the government merrily sacrifices access to justice at its altar of 'budget deficit balance'.

This year has seen a number
of dramatic changes which threaten to dismantle,
if not utterly decimate, the foundations of our world-renowned legal system. The
600 per cent rise in civil court fees, combined with the introduction of new punitive charges for those convicted in magistrates' and crown courts, have made this a dark period
for our legal system.

Justice, it would seem, is rapidly becoming a commodity - and one only the wealthy
can afford. It is ironic that at
a time when large swathes of the country are struggling financially, our government seems hell-bent on making access to justice as expensive and out of the reach of the average man on the street
as possible.

The introduction last month
of the 600 per cent rise in civil court fees is an abomination that should not have been allowed. But the Bill sailed through the House of Lords unchallenged, save for the lone voice of one independent peer, Lord Pannick QC.

As these tectonic shifts shake the very core of our justice system, it beggars belief that there are only a few lone voices in the wilderness calling for a halt to be put on the politicians riding roughshod across the centuries' old rights and freedoms that our country
has enjoyed.

It is particularly perplexing given the recent YouGov poll which shows that the public
is, rightly in my view, more concerned with access to justice than free healthcare. The poll is a clear statement that the
public believes access to
justice, underpinned by legal
aid, is a fundamental right.

Ironically, the announcement of the poll results coincided with the introduction of the new criminal courts charge, which is not means-tested and will see punitive charges of up to £1,200 for anyone convicted in magistrates' and crown courts. Although it would,
in theory, be fitting to see law breakers pay for their own legal fees, the introduction of this latest cost seems short-sighted and, dare I say, naive.

With many crimes being committed due to desperate need and a complete lack of financial security, how do we expect offenders to be able to fund their legal costs and any additional punitive charges? This is in addition to the more morally concerning side-effect that could see some plead guilty in a bid to escape the higher costs they would incur
as the result of a subsequent conviction.

Although it may seem a small step on the road to recovery,
I welcome the news that the Law Society plans to launch a judicial review to challenge
the government's decision to increase civil court fees. This, combined with the renewed push to bring back legal aid, could herald a milestone where members of the public and the judiciary reach breaking point and begin to call for justice to return to its rightful place as the first and most important of our human rights. SJ

David Kirwan is senior partner at Kirwans

@KirwansLaw

Copyright & permissions