Any solution to getting more trials on is going to be a slow process. We have tried to help. Time to leave it entirely to the Govt. Our message must be clear and straightforward: Provide the professions with the financial assurance to survive whilst you sort out the mess.
The consequence of not providing that assurance? The mess gets worse.
In the early days of the lockdown some of my colleagues on the Northern Circuit went to courts to provide their assistance in getting the technology up and running to facilitate remote hearings. The Judge and the court staff were also present.
This of course was at a time when we were meant to be staying at home to stay safe. It was admirable of all those there that such endeavour was given to getting the system up and limping. But let’s remember - the member of the Bar was not being paid.
Other colleagues have been to court to do a run through of social distances trials. These took place during the working day. Everyone threw themselves into making it work. It was only the lawyers who were not doing it and being paid at the same time.
Circuit Leaders have been in countless meetings, with a 24 hour, 7 days a week availability, to work out how to repair the broken system. These meetings will have assisted HMCTS, the MoJ and the Judiciary. The Bar Leaders will be the only people in the Zoom not getting paid.
The Legal Aid budget will have a massive under spend this year. The Government don’t have to find extra money. But they do need to start providing financial assistance. Immediately.
And I am afraid that if they fail to do so, they will have to run a system where a large proportion of the key players are absent becuase we can’t survive much longer. It is therefore, perhaps, time to give them an early glimpse of how the system doesn’t work without us.
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