Criminal defence solicitors do not have the capacity or resources to support 24-hour courts, the chair of a practitioner group has told the Ministry of Justice in response to reports that the additional courts protocol could be activated to deal with cases arising from the current wave of riots sweeping the country.
On Sunday, prime minister Keir Starmer declared that those who have participated in the ‘far right thuggery’ would face the full force of the law. ‘The police will be making arrests. Individuals will be held on remand. Charges will follow. And convictions will follow.’
The government signalled over the weekend that overnight courts could be set up to deal with cases arising from the riots.
However, Daniel Bonich, chair of the Criminal Law Solicitors Association, has told the Ministry of Justice in an open letter that he is disappointed no one has spoken to practitioner groups representing criminal law practitioners.
Noting that the additional courts protocol was activated for the London riots in 2011, Bonich said: ‘[This] is not 2011. Since 2011 more than a third of criminal legal aid solicitors have left the profession and a third of firms have closed. Legal aid rates have fallen by more than 30% in real terms at a time when the cost of living, and the costs of running a business have ballooned.
‘Firms have neither the capacity nor the resources to help staff 24-hour court sessions, even in the short term. They cannot afford to operate in shift patterns which means solicitors to work 24 hours, on top of their 24-hour police station duty which, in the case of employees, would cause contract and employment law issues as well as seriously impacting on family life and their mental health wellbeing.
‘Our members are an ageing profession, many already working every hour under the sun. We cannot take any more. Our members are not willing or able to prop up a failing system. We will be making it clear to our members that they should think carefully before putting themselves and their firms at further risk by stepping into the breach once more.’
Bonich stressed that solicitors were not trying to be obstructive.
‘But we would point out that if law and order, the justice system, and those working in it are as essential as must now be plainly obvious to all, then it is time it is treated with the respect that it deserves and not as some poor relative of the other public services. There is no capacity in the system because of the neglect going back decades.
‘We are more than happy to meet to discuss a way forward, but those discussions must result in urgent action. They must include discussions on the immediate delivery of the rest of the criminal legal aid recommendations, urgent investment to tackle the impact of inflation, and annual reviews of rates to put legal aid on a sustainable footing.’
The Criminal Bar Association has also opposed 24-hour courts.
CBA chair Tana Adkin KC said: ‘The working day does not begin and end with the court hearing. Reading, researching, preparing written work all takes place outside court, much of it unremunerated. Time is needed to resolve admissibility issues and reduce large amounts of material to summaries and schedules in order to reduce court sitting time and cost.
‘We will be speaking to our solicitor colleagues on any proposal for “night courts” and will of course support them, but we will oppose [extended operating hours] in whatever form it takes.’
The Magistrates’ Association said its members will step up if needed. ‘However, having courts sit around the clock also means there must be sufficient probation service staff, court legal advisers and other court staff, such as extra security and court ushers, to ensure the smooth running of the courts and the efficient delivery of justice,’ the association added.
