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LEGAL AID 2
Liberty director says
justice secretary's £350m budget cut leaves only
footballers and criminal defendants able to get legal
advice. Cases involving children's special educational
needs were the only category spared by Ken Clarke when he
unveiled £350m of cuts to the annual £2.1bn legal aid
budget. Insisting that England and Wales had "much
the most expensive legal aid system in the world",
the justice secretary said Britons were paying
£39-a-head for the service and that the service could
only be retained for serious cases.
Legal aid should be available for claims "where
people's life or liberty is at stake", where they
are at risk of serious physical harm, or immediate loss
of their home, or where their children may be taken into
care, he said. One anticipated change, expanding the
definition of what constitutes domestic violence to
incorporate psychological abuse, is likely to preserve
legal aid support for more litigants in divorces and
separations than originally expected.
But lawyers and social justice groups reacted with fury
to confirmation that "no win, no fee" cases
would become more difficult to fund and that claimants in
many areas, including medical negligence, would no longer
be entitled to legal aid. Clarke's failure to push
through his 50% sentencing reduction plans, means that
the Ministry of Justice will still have to identify a
further £100m in cuts over the coming four years.
(Source: The Guardian, Jun/11)
The 1,000
families seeking to prove that the MMR jab caused severe
disability in their children have had their Legal Aid cut
off. These are parents and children enduring a life
sentence of unimaginable grief. After having the triple
jab, seemingly healthy kids now suffer from autism,
epilepsy and bowel disorders.
They claim there is a direct link between the jab and the
change in their children. The medical profession, the
government and now the courts refute this. The families
are appealing against the decision to deny them Legal
Aid. God knows they deserve their day in court.
It is an insult to justice and humanity that there is no
Legal Aid for the families of the MMR children. Yet Legal
Aid was found for nine armed Afghan hijackers, for a
Lithuanian family of asylum seekers who considered their
council flat too small, and for the prisoner who was
cruelly denied a second helping of rhubarb crumble in his
jail canteen. It's good to know that Legal Aid is being
saved for the really deserving cases.
Criminals are being awarded Legal Aid to
fight Government attempts to strip them of their luxury
lifestyles. The head of the agency set up by Home
Secretary David Blunkett to confiscate criminals' homes,
fast cars, jewellery and businesses called for a change
in the law.
The Assets Recovery Agency (ARA) freezes the assets of
people suspected of making money illegally and then seeks
to strip them of those funds, which can sometimes run
into millions of pounds. While the criminals attempt to
fight the case and win back their assets, they may be
entitled to Legal Aid.
ARA director Jane Earl said politicians need to change
the rules so that part of the frozen assets can be made
available to the criminal to spend on his or her legal
bill, instead of it being footed by the taxpayer. ARA
officials were unable to give exact figures on the number
of targets who had won Legal Aid but all who applied for
Legal Aid did have to go through a means test.
"Some have applied and been refused," said ARA
legal head Sue Edwards. "The Legal Services
Commission has been looking quite carefully at this and
has been making modifications to the system so that,
whilst controlling the budget and controlling exactly
what goes out, they will grant Legal Aid in appropriate
cases."
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