Legal Aid, Sentencing and Punishment of Offenders Bill

Simon Reevell Excerpts

Wednesday 2nd November 2011 Commons Chamber

[Joan Ruddock]

There are real differences, I should tell the Minister. If he does not understand indices of deprivation, or the differences between constituencies in this country, I really do not think that he is fit for ministerial office.

Let me end by citing two other types of case, to which I hope that the Minister will listen carefully. I have a constituent whose sister died in Africa. Her young child was brought to Britain with a visitor, and he stayed here because his aunt is the only person who is prepared to take care of him. Lewisham social services want to see that child legally adopted, and the Government are very keen on adoption. However, the child has no legal status in this country. Such cases are complicated when it comes to getting all the paperwork together and arguing the case to the immigration authorities, which have already turned down my constituent’s case once. That is the kind of case that requires legal assistance.

The second case involves a trafficked woman, and it is one of the worst cases that I have ever had. She was trafficked here as a teenager, was raped repeatedly and gave birth to twins. She has never had her immigration status regularised. She cannot conceivably be sent back to Africa now, having been here for 12 years. These are the kinds of case that will be totally denied justice under the Government’s proposals. I appeal to the Minister, on behalf of my constituents and all those who work in advice services in Lewisham and elsewhere, to think again and not just to sit there laughing, as he is at the moment.

[Simon Reevell (Dewsbury) (Con)]

I too should declare an interest, in that I have practised at the criminal Bar since 1990.

I congratulate the Minister on at least having the decency to bring in clause 12 through primary legislation, unlike the previous Government, who sought to bring in such a measure through secondary legislation until they were prevented from doing so by the High Court. I am afraid, however, that that is the limit of my congratulations, because—

[Karl Turner]

I do not think that what the hon. Gentleman has just said is accurate. The Lord Chancellor has confirmed that the previous Government had no plans to bring in the legislation that the hon. Gentleman has just mentioned.

[Simon Reevell]

I am grateful to the hon. Gentleman. I will send him a copy of the case.

The clause reveals a lack of understanding of the criminal justice system, and especially of the importance of the timing and purpose of police interviews. The hon. Member for Kingston upon Hull East (Karl Turner) has spoken—perhaps until just recently—with passion about police interviews from a defence perspective, and what he said was right. Just in case the Minister is not swayed by the defence, however, I would ask him also to pause and consider this matter from the perspective of the prosecution.

Police interviews always take place at a time chosen by the prosecuting authorities, and the time is chosen because it is advantageous to them. In complex cases, perhaps involving drugs or organised violence, the police may arrange for simultaneous arrests, not least so that they can try to put the account of one arrested person against that of another, and try to break up those whom they believe to be part of a complicated conspiracy. The timing of the arrest might also be brought forward for the purpose of arranging the interview, in order to prevent a crime, or to protect a witness or a police source.

All that will fail if the arrest has taken place and the person has been brought to the police station for interview, yet nothing happens while their means are picked over and the interviewing officer drinks tea. Evidence could be lost, co-accused could flee, and witnesses could be harmed. All that will take place in the period allowed for detention, which is slowly being eaten away. The accused will not have details of his means on him. Surely we are not seriously suggesting that armed police who are looking for drugs, blood-stained clothing or weapons will be asked to look for three years’ accounts or 12 months’ pay slips.

There is a serious point to that. The rapist whom I prosecuted in the summer, who is now serving a seven-year prison sentence, was interviewed at a time that the police chose because it was appropriate for the purposes of their investigation. If they had had to wait while his means were established in order for his legal representation to be provided, it would not have been helpful to their inquiry—it would not have been what they wanted to do, and I am sure it would not have been what the victim of that offence would have wanted them to do.

[Mr Robert Buckland (South Swindon) (Con)]

My hon. Friend makes an absolutely proper set of points, but given the realities of life in the police station, from either a defence or a prosecution point of view, does it not come down to the fact that that is not the time for means-testing? At a later stage—for example, on conviction—a proper account could be made of a guilty person to establish whether they had the means to pay for their legal representation.

[Simon Reevell]

My hon. Friend is aware from his practice that at the point of conviction the court will consider applications for prosecution costs, which are effectively the costs of bringing the case before the court. There is nothing wrong in principle with somebody who can afford to contribute being invited to do so—“invited” in the firmest sense of the word. However, it is entirely appropriate to have a system that delays the proper prosecution of criminal justice while people’s bank accounts are checked to determine whether they qualify for legal aid at the police station. The problem is not only the injustice that might result for the accused, but the frustration that might be caused to those whom we task with investigating crime and prosecuting offenders. The introduction of such a counter-productive measure is in no way excused, in my opinion, by a promise never to use it.

[Jeremy Corbyn]

I am pleased to be able to contribute briefly to this debate. I am one of a minority of hon. Members in the Chamber who is not legally qualified, but on this occasion I am grateful that so many solicitors and barristers are Members of the House. They have made this a much better debate and brought experience to it. I hope the Minister has listened carefully to what has been said, particularly in relation to the removal of clause 12.

When the House learns from its mistakes, it can introduce much better legislation. I have been here long enough to have gone through the experience of the Guildford Four, the Birmingham Six, Stefan Kiszko and many other appalling miscarriages of justice. It is true that the Police and Criminal Evidence Act 1984 made a big difference and brought about a much fairer system of investigation. However, unfortunately it did not lead to the release of people who were wrongly convicted in Birmingham, which came much later as a result of a huge campaign, which in turn led to establishment of the Criminal Cases Review Commission, which has hopefully reduced the chances of future miscarriages of justice.

My experience and that of many other hon. Members of dealing with immigration cases, miscarriages of justice and many other misfortunes that befall our constituents is that problems often come from the initial point of contact with authority, be that a police or immigration officer, a housing official or someone else. People who are not represented at the initial point of contact when they should be might confess to things that they did not do, suggest they have done things that they could not possibly have done or just become hopelessly confused and accept whatever the official says. How many of our constituents have told us that they have said all kinds of things in good faith to an official, things they clearly did not understand because they were intimidated by the experience? It is at that point that our constituents—all of them—deserve the right of independent legal representation.

The hon. Member for Dewsbury (Simon Reevell) made a good point about the delays that will happen in a police station if clause 12 is operated as drafted. It will be utterly ludicrous if the police arrest somebody and want to interview them, but are unable to get the basic information that they require and so have to keep them at the police station for a long time. That will take up police time and space when releasing the person might be the best course of action, all because there is an argument about whether a solicitor should be available.

On the point about wealthy people getting advice, I am quite sure that Roman Abramovich goes around with the numbers of half a dozen solicitors in his wallet, or at least that his security staff do. I am not particularly worried about the ability of such oligarchs to gain access to lawyers should they fall on the wrong side of the police. I am worried about people who cannot afford to get a solicitor, who do not carry a number with them and who cannot get a duty solicitor because they cannot prove that they are entitled to legal aid. I suggest that the Government should simply accept this point and withdraw clause 12 in its entirety.

I want to make two more quick points about the effect of the trajectory of legal aid. I was concerned about the trajectory of legal aid under the previous Government, as were many Members. The Liberal Democrats used to be concerned, but they have had a damascene conversion. Something far worse is now happening and they support it. When something less bad was happening, they opposed it. I do not know what has happened. Perhaps somebody can explain it to me at another time. I am too simple a soul to understand it.

The changes in legal aid have been devastating for many good solicitors’ practices in inner-urban areas. Many have closed in my area because they cannot survive any longer. There is not enough other work so that they can cross-subsidise within the company. I am not sure that that would be a good principle even if they could do it. The shortage of funding for legal advice has hit law centres badly and they are trying hard to survive. As a result, many people who should be legally represented go unrepresented.

I have the utmost time, respect and admiration for Islington law centre, but it is creaking at the seams with the pressure of the work that has fallen to it because of the number of solicitors’ practices that have closed and the number of people who are in desperate situations and want its help. It is doing its best. It relies heavily on pro bono work and trainee solicitors who work at the law centre as part of their training. That is not a bad thing—in fact, it is a good thing—but the whole system should not rely on pro bono solicitors and on the good will of trainees. I am very grateful to those people, but the system should not rely on them.

Likewise, Islington council, despite the huge problems and pressures it is facing, like every inner-urban area, has to its credit found the time, political determination and resources to open a citizens advice bureau on Upper street, opposite the town hall. It is absolutely packed out, largely dealing with debt advice. A lot of the advice that is given does not require legally qualified people, but can be given by good advisers. However, the resources have to be there to ensure that it happens.