The Director of the Criminal Defence Service at the Legal Services Commission, Derek Hill, appears to suggest that children younger than 16 are being refused representation by solicitors (see [2006] Gazette, 26 October, 17). Can Mr Hill substantiate that claim? Does he have any actual evidence that that is the case?


I recently faced a situation at court where the court staff would not process my application for a few hours because I had not ticked a box on the application form, which stated that my 12-year-old client was not married. When I did tick that box, the form was returned to me because I had not indicated that my client was not in receipt of benefits.



Solicitors work for a living. If the courts do not grant legal aid then solicitors are entitled to look elsewhere for remuneration. Clearly they cannot expect 12-year-olds to pay for legal representation.



If Mr Hill is stating that all 12-year-olds are guaranteed legal aid when charged before a court with an offence, then there is clearly no problem.



So the only situation where a solicitor could refuse to act for children is where the court does not automatically grant legal aid to a young person.



Mary Clarke, Vesey & Clarke, Birmingham