You wouldn’t have seen it in New Labour’s 1997 manifesto, though.
Labour’s deliberate policy of shutting down legal channels to justice for the average Joe and Josephine in order to crush dissent, this from an adminstration of lawyers, is something I’ve been blogging about for a long time.
I was idly rereading the ‘police’ post archive this morning in light of the G20 police brutality reports when I was reminded of this 2000 Schnews article, which made me wonder: how many of those peaceful protestors arrested at Kingsnorth or Nottingham or the G20 or Plymouth or on misapplied terrorist legislation have had, or can get access to legal advice?
Not too many, I’d wager:
Sweeping changes to the legal aid system are going to mean that thousands who find themselves dragged into the legal system are going to find themselves without proper legal advice. Despite the fact that this government has created 6,000 new criminal offences in the last ten years, and is hauling record numbers before the courts and off to chokey, they’re now keen to restrict access to legal advice. All in the name of cost-cutting and reducing inefficiency of course. What is actually happening is a massive erosion of hard won rights and the end of the legal aid system, which helped achieve some degree of parity in court cases. (OK, so SchNEWS is obviously against the system, man, but meantime still not keen to see what few civil liberties we have taken away!)
The changes came in on January 14th. Prior to this, on arrival at the police station you would be offered contact with a solicitor of your choice. From now on you will be directed to the Criminal Defence Call Centre (CDCC). This is staffed, not by solicitors but by accredited representatives who’ve done a training course, many of them actually ex-coppers. You will only be allowed to contact your own solicitor if you pay privately. Needless to say the call centre advice is probably going to be different to that of a specialist defence solicitor.
While I have met at least one accredited representative who was an ex-copper and did a fantastic job, to put so many of them (they’re cheaper than actual lawyers) in charge of dispensing legal advice to the arrested might lead one to think the government’s given the police control of the independent legal process – though no doubt Jack Straw would deny that to his dying breath.
One Brighton-based solicitor told SchNEWS, “Previously we could intervene in the process earlier – warn people to make no comment, not to sign police notebooks and not to answer any questions off the PNC1 form*. We could act as an outside guarantee of people’s rights while they were inside. Now, the system is in meltdown. If the call centre is too incompetent to get hold of your brief then you may end up using a duty solicitor or remaining unrepresented. If you’re not going to be interviewed then you can be fingerprinted, DNAed and booted out of the door without once receiving any independent advice.”
While there was never a Legal Aid golden age Labour’s deliberate blocking of justice and dismantling of low cost legal advice networks and legal aid over the past 12 years has created a legal advice desert. So far it’s only been affecting those nasty, nasty druggies, petty crims, burglars and crusty anarchists, so there’s been little outcry about it from the bourgeoisie. They’re criminals, who cares?
But if there’s no justice for criminals, there’s no justice for anyone. As I wrote at the time:
Should citizens, empowered by knowing what their rights are and how to enforce them, start to challenge the boss, who knows where it might lead?
The overthrow of New Labour – and that would never do.
Why, such an informed populace might start enforcing their rights on other things too. They might even start to challenge the everyday petty tyrannies of Labour’s incompetent and authoritarian government, like, say, the deaths of children in custody or the illegal invasions of other sovereign nations or the selective imposition of swingeing terrorist legislation on people of a certain ethnicity and/or religion.
Maybe now a few of the comfortable middles at legitimate protests like the G20 have had theirs or their kids’ heads batoned, been kettled by aggressive paramilitaries or arrested on trumped up ‘terrorism’ charges for merely expressing their right to free speech, we’ll see a bit more outrage and a lot more challenge.
