Innocence tax
The Justice Gap and Business Insider (£) continue coverage of the wrongly convicted individuals who do not qualify for legal aid and spend thousands to prove their innocence – otherwise known by campaigners as the ‘innocence tax.’
Stuart Nolan, Chair of our Criminal Law Committee, said: “Effectively, you are innocent, and you are taxed by the state – you have to pay for your defence when you should not.”
Stuart also spoke to BBC Radio 4’s World at One (from 33:01) , BBC Radio 5 Live (from 54:05), BBC Radio Wales (from 18:00), BBC Radio Shropshire (from 1.56:25), BBC Radio Lancashire (from 1:39:20) and BBC Radio Manchester (from 2:10:52).
Rape suspects released due to court delays
The Independent reports that the number of rape suspects out on bail has hit an all-time high as the huge backlog in the court system is causing delays for tens of thousands of victims, new figures show.
In June, the total number of rape cases in the Crown Courts hit an all-time high of 2,373. In 1,617 of these cases, the defendant had been bailed – and in 450 of them, for more than a year.
We warned that suspects being released from police stations without interview were not isolated cases.
Law Society Deputy Vice President Richard Atkinson said: “This is a worsening position. This isn’t a one-off, and this is something that’s starting to happen – but it’s going to get worse unless [ministers] address the issue of the number of personnel in the criminal justice system.”
Grenfell: Flat sales still lottery six years on
The Sunday Times (£) reports in detail the stress facing flat owners with flammable cladding six years after the Grenfell disaster.
Law Society President Lubna Shuja said: “Consumers buying or selling a high-rise leasehold flat are going to find it increasingly difficult and costly.” The mandatory insurance to handle transactions “is become less available and more expensive to solicitors.”
“The Building Safety Act was introduced with the best of motives, but it was rushed and its flaws are now apparent. The government should look again at the legislation and correct its flaws.”
Backlog in fraud cases
The Dorset Echo, Barnet Post and Wigan Today continue coverage of unprecedented delays in fraud cases.
Law Society President Lubna Shuja: "The long waiting time for fraud cases to come to trial may in part be due to the complexity of the cases, especially as they often involve a number of defendants.
"Such cases often are long trials which require weeks of court time. This means they are more difficult for listing officers to schedule.
"They inevitably take longer to reach trial than simpler, single defendant cases might, especially now with the huge backlogs in the criminal courts."
Law Society publishes proposals to reform civil justice
Legal Futures and Solicitors Journal cover our Green Paper which was published today as part of our 21st Century Justice Project.
The Green Paper outlines policy proposals to fix the justice system. One proposal could save the justice system £72 million over the course of the next parliament, according to independent analysis.
Law Society of England and Wales President Lubna Shuja said: “This project started under my Presidency and I have championed it throughout my term. The current justice system is not working as it should and we need to look for other ways to make it better.
“Access to justice for everyone, no matter what their means or background, is a fundamental part of a fair and just society. The aim of the project has been to lead the debate and identify ways to improve the justice system, in such a way that it will serve all now and far into the future.”
Incoming Law Society President Nick Emmerson said: “A properly functioning civil justice system is vital to economic growth and a fair society. It’s how businesses make sure they get paid on time and how people assert their rights.
“Yet the current system is not fit for future purpose. As the membership body representing more than 160,000 practicing solicitors in England and Wales it is vital that the Law Society is leading the debate about how to create a modern, efficient civil justice system.”
Reframing Justice
Law Society President writes an article in the Gazette Magazine (page 12) with Tamsyn Hyatt, Director of Evidence of FrameWorks UK, about our Reframing Justice programme.
“The aim of this programme is to shape a long-term strategic communications approach to build public support and political will for ensuring the justice system is protected and applied to everyone equally,” they said.
“The solicitor profession has a duty to protect the justice system and uphold the rule of law. But right now, both are under attack.”
Equality, diversity and inclusion
As Lubna Shuja enters her final few days as Law Society President, she writes in the Gazette about the work we’ve done to improve equality, diversity and inclusion in the profession during her term.
“I made history when I became the first Asian and first Muslim president of the Law Society in October last year. Since then, I have been telling my story to help those who are thinking of entering the legal profession and to encourage other solicitors to tell their stories too.
“Building a more inclusive profession can be achieved by having an interest in, and an awareness of, diverse experiences and perspectives.”
The Gazette also reports on an event featuring Lubna Shuja and Susanna McGibbon, Treasury Solicitor and Permanent Secretary at the Government Legal Department, where they discussed social mobility.
Lubna Shuja recalled working at a firm where she was the only Asian person: “When I started working there, they started to get more clients from Asian backgrounds. I can speak Urdu and Punjabi. They could communicate to me in their own language, they knew I understood their culture, their religion, that I could understand how and why they might have got themselves into the situation they got themselves into [because of] cultural influence.”
On overcoming imposter syndrome, Lubna Shuja added: “Imposter syndrome is a lack of confidence. It doesn’t just affect juniors. It affects everyone across the profession. I have learnt during my time as a solicitor for over 30 years, there are a lot of people who are making it up as they go along.”
Also worth a read:
- Israel-Gaza Conflict – BBC News Live
- Conservative conference: Legal takeaways – Gazette
- AG threatens to block Rwanda flight is ECHR intervenes – Telegraph (£)
- Why judicial independence matters – A Lawyer Writes (£)
- Why understanding the law should matter for business leaders – Times (£)
- Birmingham Law Society elects youngest ever President – Gazette
- Conveyancing Association publishes new guidance on net zero targets – Gazette