We are well and truly into the General Election Campaign
season. The major parties traditionally compete for our votes on the basis of –
anything you can do; we can do better. That has certainly been the case this
time around until we get to the crucial matter of our justice system and in
particular, access to justice.
The Labour Party’s proposals have been modest, compared with
of the rest of their manifesto, but positive. They have pledged to reinstate legal
aid for early advice in key areas such as housing, debt, immigration and family
law. They have also promised to develop a network of law centres –
The Conservative Party manifesto, sadly, demonstrates their
contempt for our justice system. On legal aid and access to justice there is an
almost deafening silence. They promise to get around to it at some point.
On Criminal Justice there is a familiar populism. They
promise 20,000 more police officers and a ‘fair justice system’ that stands for
the law-abiding majority. In other words,
they will be tough on crime. The problem is that they have no plan at all about
how to address our criminal justice system that is in a state of collapse. Defendants,
witnesses and victims are waiting years for trial dates. Cases are not
adequately prepared because of a lack of resources within the CPS. Every week,
courts are sitting empty due to a lack of judges –
All MPs were sent a free copy of the Secret Barrister’s – Stories
of the Law and How it is Broken. Has Mr Johnson read it? If he has read it, has
he not understood it? If he has understood it, does he simply not care. Hence
the reference to Homer Simpson! Unless these fundamental problems are addressed, then these are empty promises. In fact, they are worse than empty, they are
dangerous.
What about Civil Justice. We are going to have a Democracy Commission!!
This will look at ‘updating’ the Human Rights Act. This has been a familiar refrain
from the Conservative since the Act came into force. Unless they want to take
us out of the European Convention on Human Rights, they cannot change it.
There is also the anticipated reaction to the unanimous
Supreme Court decision that the PM acted unlawfully when he prorogued
parliament. The manifesto promises to ensure that judicial review is not used
to conduct politics or create unnecessary delay. This is another way of saying
that they will do all they can to ensure that the law is not used to prevent
them from doing what they like, when they like!
For those who are interested the whole manifesto is here-
And that, as they say is that. The law will become even more
broken – possibly beyond repair.
But they will get Brexit done…honest…
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ReplyDeletePorter & Malouf P.A.
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