Miscarriages of Justice could happen more frequently

The Law Society of England and Wales is raising the alarm about the critical shortage of duty solicitors, emphasising the need for immediate investment to prevent potential miscarriages of justice. The society's president, Nick Emmerson, highlights the tireless efforts of duty solicitors, who play a crucial role in providing essential legal advice to suspects at police stations, facilitating swift investigations and ensuring justice for victims and defendants.

Despite the vital role they play, duty solicitor schemes across England and Wales are facing a crisis due to undervaluation by governments. Some schemes now have fewer than seven members, making it challenging to provide 24/7 access to a duty solicitor. The Law Society warns that without urgent investment, more solicitors may leave the criminal defence profession, making representation difficult and increasing the risk of miscarriages of justice.

Since 2017, over 1,400 duty solicitors have left the sector, and those remaining are aging. Less than 4% of duty solicitors are under 35 years old, with an average age of 49 in 2021, which is even higher in many regions. Currently, 32 duty solicitor schemes across England and Wales have fewer than seven members.

Following a successful judicial review, the Law Society urges the government to promptly implement the recommended 15% increase, in real terms, across all criminal legal aid rates. In the long term, the society advocates for wider reform of criminal legal aid, emphasising the need for a sustainable approach to the system's overall funding. The High Court judges, in their review, emphasised that without a significant injection of funding, the criminal defence system is at risk of collapsing, jeopardising justice for all. The Law Society calls for immediate action to address this pressing issue and safeguard the integrity of the criminal justice system.