Judicial Review

Judicial Review of Criminal Defence Representation Commences this week

A judicial review on the new legal aid rules begins on Monday 21st September in Belfast’s High Court.

Speaking ahead of the case, Bar Council Chairman, Gerry McAlinden QC said “The costs of ineffective criminal defence are significant. The conviction of an innocent person represents a tragedy for everyone. The risk of miscarriages of justice is more apparent now than ever before due to legal aid cuts”.

Continuing, Mr McAlinden QC added “This action is not taken lightly by our profession; it is our responsibility to uphold access to justice in the best interest of the public and preserve legal aid as an important social welfare provision for the most vulnerable. Legal representation cannot be repeatedly economised on while maintaining high standards for vulnerable clients.”

The Bar Council of Northern Ireland and The Law Society of Northern Ireland are jointly challenging the Department of Justice on the recently introduced rules which provide for legal representation in serious criminal trials.

The Bar of Northern Ireland is committed to providing the highest standard of representation to those members of society who face the most serious and complex criminal cases in the Crown Court. Such standards cannot be achieved under the amended rules. Whilst recognising the financial pressure on public spending, the latest proposals represent cuts of almost 50% from levels previously set in 2005.