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Tuesday 14 May 2013

Why do we need criminal lawyers?

The most asked question we get is how do you do it representing the guilty? 

The first thing is not everyone is guilty. The police do get it wrong. 25% are innocent. The cornerstone of our system and why we are held out as the best justice system in the world is that everyone is innocent until proven guilty.

Why? Because it is better that a few guilty walk free than one innocent man goes to prison wrongly. 

However that is not the end of it because yes we do represent guilty people. Firstly we only know they are guilty when they accept it and instruct us so. Secondly even guilty people need to be treated fairly. The prosecution have the resources of the police and will be represented by the Crown Prosecution Service. Literate often degree level and beyond educated, experienced and trained. We have always believed that a defendant guilty or not should not be disadvantaged by their lack of training,education or experience. We simply provide our clients with access to someone with the same level of skill as the prosecution.

Most of my clients are illiterate. Unable to read the papers let alone formulate questions to ask in an articulate way during a trial. Nor could they present their mitigation in line with the guidelines. Even the literate struggle to do so and all lack the training or experience.

Why so important ? We do not want an increase of miscarriages of justice. No more Sally Clarkes or Guildford four, Birmingham 6 the list is endless. 

We know the public purse is not bottomless, but justice is the cornerstone of a civilised country. Legal representation without choice using the cheapest bidders who are from the same companies that are also running the prisons, probation, transport to court and any other arm the moj can sell off, is no justice at all. We will end up like America where the rich pay their way out of trouble and the poor cant afford representation so are given a poorly paid public defender who is only interested in moving the case off their desk. 

We all want the system to work but not cut price that destroys it and allows the creation of a police state. Exaggeration? A weak defence will lead to erosion of protection of the innocent and the police will take more and more ground until it will be guilty unless you can afford a proper defence.



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