It’s been reported today by the Law Society that criminal defence solicitors are on the verge of becoming extinct. The report shows that less young solicitors are choosing to specialise in criminal law due to the substantial cuts in legal fees, which has left the profession unprofitable and undesirable for newly qualified solicitors. Furthermore, across the UK, most criminal law specialists are now in their 50’s and will be soon looking to retire or move on as government cuts and a lack of funding is making the profession unviable. This is supported by many, as more and more barristers are refusing to take on legal aid cases because of under-funded criminal trials and a lack of confidence in the criminal courts.

Law Society president Joe Egan said:

The justice system is facing a cliff-edge scenario. Criminal duty solicitors are part of an increasingly ageing profession, and government cuts mean there are not enough young lawyers entering the field of criminal defence work. If this trend continues, in five to 10 years' time there could be insufficient criminal defence solicitors in many regions, leaving people in need of legal advice unable to access their rights.

Access to independent, expert legal advice is an important human right which ensures fair access to justice. If a suspect cannot access free advice and representation, a fair trial would be jeopardised and it should not be the case where you can only seek representation if you can pay for it.

A person who is arrested on suspicion of wrongdoing has the right to ask for the local ‘duty solicitor’, who can provide legal advice free of charge. Duty solicitors are available 24 hours a day and are independent of the police. These solicitors protect suspects against inappropriate treatment, and protect the police against false allegations of such mistreatment. Everyone has the right to free legal advice if they’re questioned at a police station but the number of duty solicitors available to give advice is declining. And with over a decade of under-investment, it’s not hard to see why solicitors are feeling the pressure and more needs to be done to attract young lawyers into specialising in criminal defence law. After 20 years without any increases in fees and a series of drastic government cuts, the criminal justice system has been pushed to its limit and something needs to be done to ensure everyone has access to justice.

Esther Leach, Managing Director & Head of Crime & Prison Law at Broudie Jackson Canter, comments:

This is yet another feature of our collapsing system. Criminal Law used to be an exciting and attractive area of law for young lawyers to flourish. There will be large areas around the country in a few years where there are literally no legal aid lawyers. Without access to justice there is no justice!