Cuts in any department is not a good thing. Cuts in legal aid can have dire consequences especially for the public as an estimated 500,000 people will be unable to gain access to free legal aid. Debt advice, housing, divorce, benefits and employment are some areas that will no longer be free legal aid. This could lead to MP's having to take on a greater workload and employ more people to deal with issues such as immigration cases which would normally be dealt with by a law centre. Additonally, law firms could be highly affected as they would have to reduce their rates in order to help the less wealthy deal with issues that would have normally been free.
I cannot see the positve outcome in the cuts to the legal sector. Again, it will only make the gap between rich and poor more prominnent and lead to injustice as the less affluent will have great difficulty trying to defend themselves in legal cases.
Saturday 5 March 2011
Criminal Law - Changing the PACE
March sees more changes happening to criminal law specifically the police powers outlined under ss44-47 of the Terrorism Act 2000.
In the Strasbourg court, the case of Gillan and Quintin v UK has established that the stop and search powers of the Terrorism Act under ss44-47 contradict Convention law. Therefore, there have been slight changes to code A, B and D in PACE.
Additionally, it will be at the discretion of the police and local communities as whether stop and search records shall be continued to be used in certain areas. I am weary of the discretion as if stop and search is recorded, this could lead to the ultra vires of the police and there will be no evidence or proof of any injustice.
The Solicitor Corner!..Law Firms May Be A Dying Breed!
The introduction of the Alternative Business Structure may be very daunting for someone studying law. Introduced by the Legal Services Act, it's purpose is to allow other business or companies to create their own legal sectors for example "Tesco Law". This is because 80% of the work carried out in law firms no longer require authority to do so and therefore falls outside the six catergories of reserved legal work.
I can see the reasons as to why this is a good thing. It is good for the public as they will have more access to legal aid and help, however, it can be restrictive on many law firms as the law does not allow law firms to expand into having their own business sectors or stores etc. How is this a level playing field?
Kerry Underwood stated that ABS is about "the wholesale abolition of the legal proffession". This is because ABS companies will have to deliver reserved activities just like law firms. However, what will become of reserved and unreserved legal activties in the future i think will definately affect how law firms will be affected by ABS
Friday 4 March 2011
My apologies for my absence
Sorry my fellow Lawholics for my temporary absence from blogging. It seems second year is alot demanding than i expected but fear i have become reaquainted with my legal journals and news and shall not stop blogging for a long time. :-) (crowd cheers)
Subscribe to:
Posts (Atom)