Digitisation of the court system
Fiona Rutherford, CEO of JUSTICE and a member of the Project Advisory Group on our 21st Century Justice Project writes in the Solicitors Journal about our project and how it intersects with the work JUSTICE are doing.
She said: “Results from previous justice digitisation programmes have been decidedly mixed; through a lack of people-led design, some reforms have simply added stress and delays.
“It is good, therefore, to see the Law Society join growing calls for practical, big-picture ways to improve this system and make it fit for the future. First, it is brilliant to see proposals informed by direct conversations with the people the justice system is built to serve, asking them what they need from reforms.
“Emphasis on the need for an easily accessed, easily understood, trusted service to explain people’s legal rights, responsibilities and options is spot on. JUSTICE has long called for joined up work to ensure we all understand our rights and the legal avenues open to us.”
Mediation in freefall due to lack of legal aid
The Gazette, Solicitors Journal, Today’s Family Lawyer and New Law Journal cover our analysis of government data which shows that the government’s ambition of encouraging mediation has been fundamentally undermined by its own decision to cut funding for early legal advice matters.
Law Society president Nick Emmerson said: “If the government is serious about tackling the backlogs and delays in the family courts, they must reinstate legal aid funding for early advice.
“It is the key to the government’s push to encouraging separating couples to mediate, many of whom will otherwise have to navigate the system without representation, adding further delay and distress.
“Without action we will continue to see thousands of couples and their children unnecessarily caught up in the legal system and unable to move on with their lives.”
Covid pandemic: Safer conditions for police interviews
The Times (£) outlines the work our vice president Richard Atkinson has done in developing safer conditions for police interviews during the Covid-19 pandemic.
He will become our 180th president in October 2024.
Find out more about Richard Atkinson
Lack of judges
Irish Legal News and Scottish Legal News cover our response to the news that 51 trials were delayed because of an inability to find judges between April and June 2023 – more than double the average in the five years leading up to the pandemic.
Law Society president Nick Emmerson said: “The lack of judges and lawyers has been caused by years of neglect of the criminal justice system, and can’t be rectified overnight.”
Barrister fee increase
The Gazette reports that barrister fees for pre-recorded cross-examination will rise by nearly 50% – from £670 to £1,000.
Law Society president Nick Emmerson said: “Welcome as this support for the victims of sexual offences is, they will never see true justice unless and until the government invests properly in the whole of the justice system.”
AML regime
New Law Journal covers our reaction to the news the Solicitors Regulation Authority (SRA) has warned law firms they must do more to properly assess any money laundering risks posed by clients and the services they’re seeking.
Law Society president Nick Emmerson said: “The SRA has implied that solicitors could possibly face unlimited fines by the regulator for all sorts of misdemeanours going forward.
“However, the regulator fails to present a compelling argument for such a change. We are concerned that through its proposals the SRA could become the investigator, prosecutor and judge.”
Amy Bell, chair of our Money Laundering Taskforce, added: “Enforcement must be truly risk-based and not arbitrary in nature.
“Otherwise, this drives firms to deploy disproportionate processes, putting pressure on small firms in particular and driving up costs.”
Implications of generative AI
Akber Datoo, a member of our technology and law committee, writes in Wealth Briefing Asia about the commercial and regulatory implications of unmanaged and immature use of AI on internal processes.
Work relationships
Max Winthrop, chair of our employment law committee, spoke to BBC Radio London (from 2:16:10) about the legal implications of work policies which require staff to declare relationships with colleagues, after ITV announced this policy last week.
Also worth a read:
- Is the UK’s asylum backlog really coming down? – FT (£)
- Victims’ Commissioner calls for major reform of criminal justice system – LBC
- Robert Jenrick says ECHR needs “serious reform” – Telegraph (£)
- Government stepping up efforts to stop ‘copycat’ convicts refusing to appear in court – Daily Mail
- Overcrowded prisons: Foreign criminals could be released up to 18 months early – Telegraph (£)
- Government could face judicial review over Covid bonus – BBC News
- Former Law Society president Christina Blacklaws working to improve access to justice via technology – Legal Futures