Stormont All Party Group told of “Criminal Legal Aid Crisis”

(Pictured L-R: Giving evidence to the APG on Access to Justice are Gavan Duffy KC, Chair of the CBA, Donal Lunny KC, Chair of the Bar of NI, Denise Kiley KC, Vice Chair of the Bar of NI)

MLAs have heard evidence of the deepening challenges being felt across the system of Criminal Legal Aid provision in Northern Ireland.

Criminal legal aid is the system of public funding which ensures that the criminal justice system can function. It ensures that everyone has the right to a fair trial, prevents miscarriages of justice and contributes towards upholding the Rule of Law. Many individuals who rely on Criminal Legal Aid have faced severe challenges in their lives: socio-economic hardship, substance misuse, mental health struggles or adverse childhood experiences.

Representatives from Northern Ireland’s main legal profession membership bodies, the Bar of Northern Ireland and the Law Society of Northern Ireland appeared before the All-Party Group on Access to Justice today at Parliament Buildings on Tuesday 22 October. They described how a combination of long hours, increasingly complex cases, unfair remuneration and payment delays have coalesced to place the criminal justice system in immediate peril. An increasing number of legal professionals, particularly younger self-employed barristers and those within small solicitor practices, unable to withstand the pressures associated with this vital public service, are being forced out of criminal practice.

In addition to explaining the critical role played by the system of Criminal Legal Aid in ensuring fairness and preventing miscarriages of justice, they also emphasised the socio-economic value of Criminal Legal Aid, pointing to the fact that for every £1 invested, £12.71 is returned in social benefits, supporting individuals and families, and resulting in savings for other public services. Despite this, pressures on those who provide criminal legal aid services are so great as to place the system of Criminal Legal Aid in acute crisis.

The All-Party Group also heard from Theresa Ormandy, the Criminal Justice Floating Support Manager at Extern. Extern, a community and voluntary organisation, has been working closely with the legal profession since 2007 to support the most marginalised in society accessing support services including justice. Ormandy emphasised the value of Criminal Legal Aid and the need for knowledgeable and experienced professionals in providing this for vulnerable witnesses and defendants.

The meeting of the All-Party Group, which is co-sponsored by the Bar of Northern Ireland and Law Society of Northern Ireland, was based on the theme of Criminal Legal Aid.

Attending today’s meeting Extern’s Criminal Justice Floating Support Services Manager, Theresa Ormandy said:

“The need for Legal Aid is unfortunately growing and access to experienced legal professionals who can work with individuals with the greatest of need, from homelessness to multiple complex needs, is crucial. As a social work team, we are dependent on the legal profession to support the most marginalised with access to justice. It is vital that the people we support are not left behind and have access to social justice through criminal legal aid and to a legal profession with the expertise and skills to appropriately support them.”

Sinn Féin’s Ciara Ferguson MLA, Vice-Chair of the Access to Justice All Party Group at Stormont, added:

“It was important to be able to hear from representatives today at the meeting of the All-Party Group. It is paramount that the Criminal Legal Aid system functions effectively so that it can be adequately provided for those who need it, particularly the most vulnerable members of our society.”

In a joint statement, Donal Lunny KC, Chair of the Bar of Northern Ireland and Brian Archer, Senior Vice President of the Law Society of Northern Ireland, stated:

“Criminal Legal Aid is a vital component of a fair and functional justice system, ensuring support for those who often require it unexpectedly. However, solicitors and barristers performing this crucial work face numerous challenges, including court capacity pressures, increasingly complex cases, and unacceptable payment delays for work completed and remuneration rates which do not reflect the time and skill required of practitioners. These factors have made it difficult to recruit and retain talent, raising the risk that vulnerable individuals may be left without representation, compromising access to justice.”

ENDS

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