Grahame Stowe explains why covert government money saving is reducing the British criminal justice system to tatters.
As the head of a large criminal defence practice I have seen breath taking changes in society. And not just in Leeds.
I began practising law in the 1970s, nigh on four decades ago. In those days life seemed so very different.
There were values, standards and levels of acceptable and unacceptable behaviour. If you fell below those levels, you paid the price.
Today’s values and today’s levels of acceptability are different. They are ever changing and ever decreasing, just as long as it saves money.
As a senior partner and the head of the criminal department at the Leeds solicitors firm that I founded, I know fully well our brief is to “defend”.
We have dedicated decades to fighting for our clients. Our reputation has led to our growth. Our growth has led to our professional standing, and a name that we are immensely proud of.
As Leeds solicitors we will go to endless lengths to fight for our clients and are gratified by the “thank you” letter or recommendation, which means so much.
We are not immune from the government’s cuts however. As solicitors we are looked upon as rich bloodsuckers drowning in money and glory. How wrong the public perception is.
As solicitors specialising in criminal work in Leeds and across Yorkshire we are the “poor end of the market” and the public funding we receive is systematically chiselled away to exclude all but the impoverished.
Taking “cash” from a criminal client is patently unacceptable, as it is for any client. And, as a result, specialising in crime requires true dedication. So we have proudly offered a Free Legal Clinic, [pro bono “Big style] for decades giving well in excess of £1m of free help to the public.
Ok, so you’re dedicated, “good for you”. Now get on with it. No sorry you can’t.
The public are gloriously unaware that there is undoubtedly a directive from “On high” that the police or crown prosecution service must not charge or summons people to court unless it is vital.
Why do I say this? Because it is glaringly obvious.
The courts up and down the land from Leeds to Land’s End are handling a feeble fraction of the work they normally do. Courts are shut, staff laid off and lawyers bemused.
And did you know that the Legal Services Commission is paying £7m in redundancy payments as part of its “restructuring” programme to save costs?
In Leeds, Harrogate and Bradford and across Yorkshire, the reason why the courts are handling a fraction of their usual workload is clear.
Either the police are dishing out cautions like there was no tomorrow, or the Crown Prosecution Service directs “No further action” on the basis of unlikely success in the Courts. It’s a scandal.
As a result, some of the most serious cases are escaping prosecution including many across our region.
I was recently asked to comment on ‘Calendar’, the local ITN news station here in Leeds, after a burglar broke into a private dwelling at night, disturbing and frightening a husband and wife in bed.
This carries a sentence of four years imprisonment, which revised guidelines recommend six years. He was given a caution.
I am also aware of a case of fraud in Leeds exceeding £30k where a caution was given. These are two just examples of decisions that are taken daily.
For those who do not know, a caution can only be given if there is a clear unequivocal admission of guilt. With such unambiguous admission, for offences of this nature, a prosecution in court would inevitably follow.
But that was before financial interest overran public interest.
You might be asking, if I’m here to defend those charged with criminal conduct why do I care? I care because this overriding objective of saving money is reducing our Criminal justice System to tatters.
No charge = no solicitors = no proceedings = no courts = no prison population.
Yes, it saves money. But what harm does it inflict on society? The harm is that the rogues get away with. The public are oblivious to it. And the exchequer is quids in.
This is all very well and good until YOU are the victim, you seek help and you watch as the police or the crown tell you “No further Action” and that your annoyance, distress and frustration is secondary to the knowledge that justice only comes at a price, which currently is too dear, and allowing the demons of society to prosper, is infinitely preferable.
Times have changed in 40 years. Unfortunately, they have not changed for the better.
Grahame C Stowe is head of the criminal department and a senior partner at the Leeds solicitors Grahame Stowe Bateson.
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