Top judges tell MPs: Legal aid cuts are putting us in danger

 
Warning: MPs were told cuts were putting judges, members of the public and court staff in danger

Judges today warned that legal aid cuts have increased the risk of violent clashes in courts and backfired by pushing up costs in other parts of the justice system.

In a report to MPs, the Judicial Executive Board, which represents senior judges, says that an increase in "litigants in person" caused by the removal of legal aid for divorce and other cases has heightened tensions and caused some "significant outbreaks of violence" in courts.

It says that this is putting judges, members of the public and court staff in danger.

Describing how litigants representing themselves in court often arrive with family and friends to support them, the judges say:

"Tensions can run high between rival camps in the waiting area. Very occasionally there are significant outbreaks of violence. The smaller courts (typically the county courts) are not equipped to deal with such incidents. There is the potential for significant harm to judges, court staff and members of the public alike."

Today's report, which has been sent to the Commons Justice Select Committee, also warns that the rising number of people going to court without lawyers has slowed down cases and inflated costs.

"The adverse impact upon courts' administration and efficiency has therefore been considerable," the judges state.

"The apparent saving of cost by a reduction in the legal aid budget needs to be viewed in context: often it simply leads to increased cost elsewhere in the court system as, for example, anecdotally, cases take longer."

The judges also say that cases which would previously not have been brought because of legal advice are now being pursued, creating "consequential delays across the civil, family and tribunals justice systems."

They also warn that some people with meritorious claims might be failing to pursue them because of the absence of legal aid to support their cases.

The Ministry of Justice has insisted that its cuts to legal aid, which have removed eligibility for divorce and many other civil cases, are justified because of the overall expense of the system. It is also carrying out more than £200 million of cuts to criminal legal aid.

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