Many demands contained in the Law Society’s pre-election manifesto, the theme of which was curbing the increasing power of the state and safeguarding the freedom of the individual, have already been met by the coalition government. This is welcome, though the suspicion lingers that the new administration was able to be so obliging partly because protecting civil liberties – while noble – comes cheap.
Now that there’s money involved, we fear the honeymoon period may be drawing to an end. That is one interpretation that can be placed on the government’s exasperated response to Chancery Lane’s notable court victory over capping at legal aid rates the costs that can be recovered by acquitted defendants who have paid their lawyers privately (see news).
The Tories and Lib Dems both opposed this policy in opposition, yet the language of the Ministry of Justice statement suggests that the government may seek to overturn Tuesday’s judgment.
How disappointing. These regulations are positively dangerous; and indeed run directly contrary to the government’s professed aim of redressing the balance between the power of the state and the freedom of the individual. As the court said, they mean that a defendant falsely accused by the state will have to pay from his own pocket to establish his innocence.
The nation’s finances may be dire, but there must be less damaging ways of saving £25m a year.
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