The role of lawyers in supporting young people in the criminal justice system: balancing economic survival and children’s rights

ABSTRACT

Legal aid reductions have caused a crisis in the criminal justice system impacting the quality of representation and advice provided by lawyers. This paper is particularly concerned with the impact of these cuts on young people in the youth criminal justice system. The paper will examine how changes to the way in which defence lawyers are funded is having a damaging impact upon the experience of young people involved in the criminal justice system. The particular vulnerability of young people, coupled with the complexity of laws and procedures surrounding youth justice make it particularly concerning that the system is financially incentivising the provision of inadequate representation in the youth justice system. These issues will be considered in light of the standards set by the Council of Europe Guidelines on Child-Friendly Justice.

KEYWORDS:

• Competency of youth advocacy
• legal aid cuts
• right to a fair trial
• youth court trials

Disclosure statement

No potential conflict of interest was reported by the author.

Notes

1. ….

2. The terms ‘lawyer’ and ‘advocate’ are used generically, and interchangeably, throughout this paper to cover legal representatives. Where we use the term ‘solicitor’ or ‘barrister’, we are referring specifically to those professionals performing those roles.

3. The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2016, SI 2016/313.

4. Ibid., Schedule 3, (2)(d).

5. Ibid., Schedule 3, (2)(c).

6. The Exceptions Order 1975, SI 1975/1023.

7. Article 2A(5) The Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975 (Amendment) (England and Wales) Order 2013 (SI 2013/1198).

8. Re an application by Lorraine Gallagher for Judicial Review (Northern Ireland); R (P, G & W) v Secretary of State for the Home Department; R (P) v Secretary of State for the Home Department [2019] UKSC 3

9. R (G) v Surrey Police and others [2016] EWHC 295 [3].

10. s.3AA Bail Act 1976

11. s. 189 Criminal Justice Act 2003.

12. Obtained under Freedom of Information Act, Request Ref: FoI 190617002