the barrister
#49
ESSENTIAL READING FOR BARRISTERS
7th June 2011 - 29th July 2011
Est. 1999
www.barristermagazine.com
TRINITY TERM ISSUE
ISSN 1468-926X
The Impact of the civil legal aid cuts
Features
Public Support for the Legal Aid Scheme
of the population was entitled to advice under
Those of us who call the legal aid system the
the rather limited
fourth emergency service know that we have to
scheme. Now those
be aware of an important difference. However
who are entitled are
much money you have you can call on the NHS,
generally on benefit
the police or the fire brigade. They will not
or benefit levels of
ask for proof of your income before offering
income. Only a few
assistance.
types of cases are
should we do 3 “What with all the Young Lawyers?” Leolin Price CBE QC, responds to Gerard McDermott QC article which appeared in the Easter issue of the barrister under the above heading Consequences of 4 The Jones -v- Kaney The majority in the Supreme Court in Jones -v- Kaney [2011] UKSC 13 is dismissive of the risk that their decision to remove expert witness immunity to civil claims will have a ‘chilling effect’ on the supply of willing experts. But opening expert witnesses to the potential distractions of vexatious suits from disgruntled litigants is never likely to encourage involvement in forensic work. By Dr Chris Pamplin, Editor, UK Register of Expert Witnesses
not means tested. means
And that in a nutshell explains in part the
That
predicament of those seeking to ensure the
for
survival of a meaningful legal aid system.
population legal aid
When it was set up over sixty years ago, much
services are not seen as something they
much
of
that the
price £2.80
Carol Storer Director LAPG
p.6
of the 14 Notification Right to Complain Since qualifying as a barrister I have had a sense that the regulatory framework under which barristers work was in a broad sense rational. Like most barristers I occasionally had to refer to the Code of Conduct, especially in the early years. A recent development has eroded my trust in the rationality of the Code…….. By Justin Valentine, Atlantic Chambers, Liverpool.
Women’s Justice Reform Fifteen years ago, there were some 1,800
More than half of women prisoners have
women in custody. Today there are over 4,000.
suffered violence at home. One in three has
In the course of a year more than 11,000 women
experienced sexual abuse. A quarter has been
are imprisoned. Instead of a punishment of
in local authority care. Two-thirds have a
last resort, women's prisons are now seen as
neurotic disorder, such as depression or anxiety.
stopgap, cut-price providers of drug detox, social
Women prisoners have a much higher rate of
care, mental health assessment and treatment -
severe mental illness such as schizophrenia:
a refuge for those failed by public services.
14% compared with less than 1% in the general population. Over a third of women who are
Most women in prison have committed petty
imprisoned will already have attempted suicide.
offences. Many have been victims of serious
Women, who make up only 5% of the prison
crime
population, account for almost half the incidents
and
sustained
abuse.
Distressingly,
governors often comment that many women do
of serious self harm in custody.
News 22
BAR Standards Board appoints Independant Observer
23
Build the Big Society behind bars, says charity
Publishing Director: Derek Payne 0845 5190 176
not need to be in prison in the first place. More women are in court for theft and handling stolen
We are locking up our most damaged
goods than any other crime. Over 60% end up
and vulnerable women in bleak, under-
serving six months or less in custody.
staffed institutions, from which, despite
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p.8
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