Legal aid reforms and how they will affect the average citizen in N Ireland.

A few days ago a friend of mine drew my attention to a comment on facebook from a prominent enough journalist who writes on N Ireland related issues. Henry McDonald, who has written extensively about issues here made this comment on his facebook page. "I see the lawyers are on strike in Britain - mark that story under who gives a flying F***!"

It may not be all that interesting a story but really we should all give a flying f***! The changes to the legal aid budget brought in by David Ford amount to lesser justice for those here dependent upon legal aid. Apparently the lawyers here are furious. According to the blog 'A Barristers wife! they are very much misunderstood

Whether that is the case or not, the legal aid budget in N Ireland is one of the highest in the world, and there is a very strong case that it needs to be cut, but how will this affect the ordinary person on the street not involved in a huge media or terrorism case?

For the unemployed or low paid person living in N Ireland, who is accused of any infraction of the law the first thing they will be asked when they go to visit a solicitor is how will they pay? And if they are dependent upon legal aid they will have to abide by the new rules.

If an individual is  dependent upon legal aid, the solicitor will fill a form out on your behalf and send it to the legal aid assessment office in Derry. This is a form that pries into all of your financial affairs, and is extremely intrusive in my view. You will need to provide to the solicitor a print out of your bank statement, and if your partner has a bank account he or she will also have to provide your solicitor with a bank statement for the assessment office in Derry to see whether or not you are able to make a contribution toward your legal aid costs.

Very few people will not make some contribution toward their cost and these can be substantial depending on what it is you need to defend yourself against, and how long your case will run.

For those on benefits, for example on Job seekers, this benefit begins at around £71 per week, but you may have in your account or that of your spouse/partner some savings, or if you are disabled a premium, or if you are a pensioner you may have a pensioners' premium, and you will be expected to make a contribution from this towards the cost of your case.

If in the view of the assessment office you are unlikely to win your case this could have a bearing on whether or not they will pay for your legal aid. They could turn it down, saying you have no chance of success and therefore could not justify your costs to the public purse. You could always represent yourself in court, theres basically nothing stopping any of us and many have done so, but one then must ask is this a lesser form of justice for those without funds. I put it to you that it is..