The Legal Aid Review Panel has ruled that prisoners facing Parole Board hearings are eligible for legal aid. This is a victory for decency and the basic principle that everyone regardless of wealth should have equal access to justice. Parole Board hearings have a significant effect on people's liberty, and to demand that illiterate or disabled inmates face them without the benefit of legal representation in essence predetermines the outcome regardless of the merits.
Unfortunately the Legal Services Agency is appealing. I guess we'll have to hope that the High Court shares the Legal Aid Review Panel's regard for justice.
3 comments:
The last figure I heard (cited in Parliament during question time) was that 86% of those released on parole reoffend.
Perhaps it's time to scrap the idea of parole altogether?
Posted by Duncan Bayne : 10/19/2006 01:56:00 PM
It may be a victory for decency, but it could also be a defeat for the rule of law. The Agency was acting outside the law by granting legal aid for parole board matters in the first place. Section 6 of the Legal Servcies Act 2000 restricts the granting of criminal legal aid to certain specific proceedings. There are some parole board matters eligible for legal aid, but this does not mean that ALL parole matters should be legally aided.
I do have concerns about the prisoners affected by the decision to only grant legal aid in line with the Act. However, I am more concerned by the review panel accepting the emotive arguments advanced by the legal aid lawyer and requiring the Agency to act outside of it's governing legislation.
In a democracy, the rule of law is paramount. Requiring an agency of the state to act outside legislation is a violation of the rule of law.
In any case, it was clearly the intention of parliament in both the Legal Servcies Act and the Parole Act that not all parole hearings are of type requiring representation.
Posted by Anonymous : 10/19/2006 08:52:00 PM
It may be a victory for decency, but it could also be a defeat for the rule of law. The Agency was acting outside the law by granting legal aid for parole board matters in the first place. Section 6 of the Legal Servcies Act 2000 restricts the granting of criminal legal aid to certain specific proceedings. There are some parole board matters eligible for legal aid, but this does not mean that ALL parole matters should be legally aided.
I do have concerns about the prisoners affected by the decision to only grant legal aid in line with the Act. However, I am more concerned by the review panel accepting the emotive arguments advanced by the legal aid lawyer and requiring the Agency to act outside of it's governing legislation.
In a democracy, the rule of law is paramount. Requiring an agency of the state to act outside legislation is a violation of the rule of law.
In any case, it was clearly the intention of parliament in both the Legal Servcies Act and the Parole Act that not all parole hearings are of type requiring representation.
Posted by Anonymous : 10/19/2006 08:55:00 PM
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