UK justice under threat

David Baker  |  Comment
Date posted:  1 Aug 2019
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UK justice under threat

photo: iStock

The Bible tells us that God is passionate about justice. And that’s why the current perilous state of the UK legal system should shock every Christian and prompt us to speak out.

A famous verse in Amos says: ‘Let justice roll on like a river, righteousness like a never-failing stream!’ God himself ‘is a God of justice’ and he adds: ‘I, the Lord, love justice’ (Isa. 30:18 and 61:8). I doubt any Christian would query any of this.

What many people may be unaware of, however, is the perilous state of the UK jus-tice system. The Law Society issued a report in June entitled ‘Justice on Trial 2019’. An accompanying statement said: ‘Due to many years of underinvestment our criminal justice system is crumbling. Things are going wrong at every level – creating a nightmare journey for the accused, for victims and for those who work hard across the system.’ It continued: ‘Failures in the system are leading to injustice, negative impacts on people’s lives, and increas-ing pressure on the criminal justice system.’

Precarious

The creation of a legal aid task force and the uprating of the legal aid means test are some of the proposals being called for in a bid to combat what the Law Society describes as the ‘perilous state’ of the crimin-al justice system in England and Wales.

In another statement, the Society said: ‘Key concerns are the injustice faced by those on low incomes who don’t meet the severe legal aid means test, closures to local courts and the ‘released under investigation’ term that leaves suspects and victims in limbo for months waiting to know if the police are going to pursue the case.’

The group added that the situation will probably get worse over time as low criminal aid fees have caused a decrease in crimin-al duty solicitors. Law Society president Christina Blacklaws said: ‘Since 2011-2012, the Ministry of Justice has lost a quarter of its budget. This has led to significant cuts to our courts, tribunals, legal advice and representa-tion.’ She added: ‘It’s time to fix our ailing criminal justice system. Before it’s too late.’

Inequality

Within a day or two of that report, another investigation, from the Equality and Human Rights Commission, concluded that victims of discrimination were not get-ting the opportunity to challenge unlawful behaviour in court because legal aid cuts in England and Wales mean they cannot get representation.

The Guardian newspaper reported: ‘The study revealed that even some people living below the poverty line were not entitled to legal aid because the financial eligibility criteria have not been updated for years.’ Problems seem to have started with the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO) which withdrew legal aid from areas of law including family, welfare, housing and debt. Supreme Court Justice Lord Wilson of Culworth said last year: ‘Access to justice is under threat in the UK.’

A government review of LASPO earlier this year was dismissed by the Bar Council as ‘a wasted opportunity’, with Richard Atkins QC, its chair, stating: ‘The 500-page report offers little of substance to ease the impact of LASPO on vulnerable individuals seeking justice.’

No concern?

So where, you might wonder, is the Christian input on all this? Some sporadic voices have been raised. In 2015 the think-tank Theos, in a report entitled ‘Speaking Up’, expressed concern that the cuts risked a division between ‘those who can afford to buy justice and those who cannot’. But a private members’ motion at the Church of England’s General Synod highlighting these issues has only attracted 49 signatures over the past 12 months – far short of the 100 which it needs to be considered by the Business Committee.

In 2014 I wrote an article for the Christian Today website entitled ‘What price justice? The UK’s proposed legal aid cuts.’ It ended with these words: ‘What about us? One biblical writer leaves us with this challenge – ‘The righteous care about justice for the poor, but the wicked have no such concern’ (Prov. 29:7).’

I find myself haunted by my own question: ‘What about us?’

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