Courts protocol
The FT, Independent and the Gazette cover a legal thinktank report which suggests magistrates are regularly not following the law when jailing people awaiting trial.
President of the Law Society Nick Emmerson said:
“It is extremely concerning that the JUSTICE report suggests that the law is not being properly applied and that defendants do not understand the decisions being made.
“We note the disparities regarding outcomes based on factors such as being non-white, foreign, making an application via video link, the defendant being in a secure dock and being unrepresented.
“The research demonstrates the importance of defendants being represented from the very start of their case and ensuring they have full knowledge of the potentially life-changing decisions that are taking place. Investment is needed to make sure there are enough criminal defence solicitors to represent all those who need them.”
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Compulsory Alternative Dispute Resolution
Legal Futures reports that the Court of Appeal has concluded a hearing on whether the courts can stay proceedings and require parties to engage in ADR as a condition of being able to continue their claims.
Law Society president Nick Emmerson said: “The Law Society has strong reservations that this is a suitable case to challenge the outcome of Halsey.
“We believe that ADR that is independent of those involved will frequently be in the best interests of the parties and that compulsory referral will not necessarily be unlawful in all cases. But such a complex and sensitive issue should be considered in the round, rather than in a context where reform is constrained by the individual facts of the case before the court.”
Mental Health Bill reform
Local Government Lawyer looks at the absence of a mental health bill from the King’s Speech.
Law Society president Nick Emmerson said: “We are disappointed that the government did not commit in the King’s Speech to publish a new mental health bill.
“There is an urgent need to reform the Mental Health Act. […] It does not provide patients with enough agency or choice in their care and treatment, or ensure they are always given the dignity and respect they deserve.
“While the government introduced a draft Bill earlier this year to reform the Act, and has promised new mental health legislation since 2017, it continues to be delayed.
“We urge the government to prioritise Mental Health Act reform. The government must respond to recommendations on how to improve the draft Bill and then introduce new legislation. There is a need to act now.”
CILEX regulation changes
Solicitors Journal reports our response to the Chartered Institute of Legal Executives (CILEX’s) proposals for changes to the regulation of chartered legal executives.
President Nick Emmerson said: “There are serious issues with the proposals, which are unsupported by evidence that they will benefit the public and do not consider the wider regulatory context or the serious negative impact these changes will have on solicitors and Chartered Legal Executives.
“CILEX’s key driver appears to be raising the status of CILEX lawyers to be on the same plain as solicitors or barristers – the two most comprehensively qualified legal professions.
“This is not something that can be achieved by sharing the same regulator with the solicitor profession, or by rebranding as Chartered Lawyers.
“Both professions are valuable within the wider landscape of legal services provision. But they are not equivalent in education and training or scope of authorisation of practice.”
Meanwhile, furious members of CILEX, including a former president, have declared 'no confidence’ in the body's executive and board amid the escalating row over plans for the Solicitors Regulation Authority to take over regulation of legal executives, reports the Gazette.
Women Who Will Report
Past president Lubna Shuja writes the forward for this year’s Women Who Will Report, which honours trailblazers in the law. She writes:
“We should remember that everybody’s success is individual and unique to them. A success for one woman may be a stepping stone for another but each accomplishment is as valid and commendable as the other.”
Also worth a read:
- Rwanda deportation announcement - Standard
- Lord Judge tribute – Gazette
- Pro Bono litigation support service – New Law Journal
- Soaring no-fault evictions – Guardian
- Sunak under pressure to sack Home Secretary – BBC