Access to justice denied because of "catch-22"

Access to justice denied because of "catch-22"

Tomorrow I must surrender to the custody of Hull and Holderness Magistrates Court at 9.30 am.

I have been informed that if I fail to do so I may commit an offence and be fined, imprisoned or both.

The problem I have is that because the government has sought to reduce the Legal Aid budget, presently I do not have legal representation. There is something absurd about calling a statute Access to Justice, when I am in the position of having access to justice denied because I am too poor to be able to afford it. I have to satisfy the interests of justice test if I am to be granted Legal Aid. How can it be in the interests of justice to deny me Legal Aid? The State is happy to use taxpayers money to launch a prosecution against me, and nobody is asking whether it is in the interests of justice to proceed against me. It is a very one sided arrangement. I have to ask the State for funding, and meet the State's criteria before it will be granted and if I fail it will be refused. According to the National Autistic Society: "Anyone who has a diagnosis on the autism spectrum is defined as vulnerable in law under the terms of the Mental Health Act 1983". Another problem is my doctor said that the National Health Service will not pay the £1,000 for me to be diagnosed. It is "catch-22" situation.

The Criminal Defence Service (CDS) is administered by the Legal Services Commission.

The purpose of the CDS is to ensure that people suspected or accused of a crime have access to advice, assistance and representation, as the interests of justice require.

The scheme does not extend to the provision of Advice and Assistance for an offence that is non-imprisonable.

A person who has been charged with or summoned for a criminal offence can apply for "Representation".

Legal Aid can cover the cost of preparation of a defence and representation by solicitors or barristers, and for bail applications.

Getting criminal legal aid depends mainly on whether it is 'in the interests of justice' that the defendant is legally represented.

A person may have to pay a contribution.

Criminal legal aid does not cover an individual who brings a criminal prosecution her/himself.

("Legal Representation" replaced Civil Legal Aid and replaced Advice By Way Of Representation [ABWOR])

SCHEDULE 3 Criminal Defence Service: right to representation
Individuals to whom right may be granted

1 (1) A right to representation for the purposes of any kind of criminal proceedings before a court may be granted to an individual such as is mentioned in relation to that kind of proceedings in section 12(2).

(2) A right to representation for the purposes of criminal proceedings may also be granted to an individual to enable him to resist an appeal to the Crown Court otherwise than in an official capacity.

(3) In this Schedule “court” includes any body before which criminal proceedings take place.
Grant of right by court

2 (1) A court before which any criminal proceedings take place, or are to take place, has power to grant a right to representation in respect of those proceedings except in such circumstances as may be prescribed.

(2) Where a right to representation is granted for the purposes of criminal proceedings it includes the right to representation for the purposes of any related bail proceedings and any preliminary or incidental proceedings; and regulations may make provision specifying whether any proceedings are or are not to be regarded as preliminary or incidental.

(3) A court also has power to grant a right to representation for the purposes of criminal proceedings before another court in such circumstances as may be prescribed.

(4) The form of the application for a grant of a right to representation under this paragraph, and the form of the grant of such a right, shall be such as may be prescribed.

(5) A right to representation in respect of proceedings may be withdrawn by any court before which the proceedings take place; and a court must consider whether to withdraw a right to representation in such circumstances as may be prescribed.

(6) The powers of a magistrates' court for any area under this paragraph may be exercised by a single justice of the peace for the area.

(7) Any rules under section 144 of the [1980 c. 43.] Magistrates' Courts Act 1980 which provide for the functions of a single justice under sub-paragraph (6) to be exercised by a justices' clerk may make different provision for different areas.