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Aamer Anwar: ‘I will no longer deal with criminal legal aid cases’

Online Niel October 29, 2024

One of Scotland’s leading barristers says his firm will stop taking criminal legal aid cases from next month.

Aamer Anwar says the decision comes in response to what he describes as the “decimation” of Scotland’s legal aid system, leaving vulnerable people without proper access to justice.

Scotland’s legal aid system is currently in deep crisis, with significant challenges affecting both defense lawyers and the vulnerable people who rely on the service.

Lawyers say they are leaving the legal aid sector in significant numbers because of inadequate pay and an unsustainable working environment – eroding access to justice, particularly for those who cannot afford private legal representation.

“We have senior counsel in Scotland, lawyers who say they will not commit sex crimes again,” Anwar explained.

“They won’t do rape cases because of underfunding. The pendulum has swung so far, and the lack of legal aid defense attorneys is creating a backlog, impacting victims of sex crimes.

“The government seems to have forgotten that those accused of sex crimes are not allowed to represent themselves – they need a lawyer. But if I can’t get one, the process takes years.”

The defense lawyer currently representing Shaku Bayou’s family at an inquest into his death in police custody described a “carousel” of people scrambling to secure legal representation, exacerbating already significant delays in the justice system from Scotland.

“It doesn’t help anyone,” he told Scotland Tonight.

“Defense attorneys argue with clients, often persuading them to plead guilty based on the evidence. But without those lawyers, who will do the job? The Crown cannot and is not the role of the police. The justice system needs defense attorneys as much as it needs police, prosecutors, and judges. There is no justice without defense.”

Frustrated by what he called a “farcical” situation, Anwar criticized the Scottish Government for stalling talks on increasing legal aid funding.

Legal aid spending has soared, partly due to the increased number of cases going through the courts after the pandemic, and recent small increases in fee rates have provided a much-needed boost. However, the measures did not address deeper structural problems within the system.

The Scottish Government has been criticized for not prioritizing reforms that would support the legal aid system in the long term. Despite calls from the Law Society of Scotland and other legal bodies, there has been no full review of legal aid, leaving the system in what has been described as a state of neglect.

This ongoing crisis is exacerbating the backlog in the courts, with delays in criminal and civil cases becoming commonplace. Vulnerable people, including victims of crime and those awaiting trial, bear the brunt of the delays, with some cases stretching for years, impacting on mental health and well-being.

“It is impossible to continue. After 25 years as a lawyer, I have seen the legal aid system decimated and the poor, vulnerable and weak unable to get justice,” said Anwar.

He added that his firm – Aamer Anwar & Co. – funded criminal legal aid cases out of his own pocket, but could no longer afford to do so.

“We get paid practically nothing. I don’t expect people to feel sorry for lawyers, but when you need one, you’ll know it. This government is simply not interested and many of my colleagues are leaving. You’re banging your head against a brick wall and it’s impossible to do justice for £495 a case.

“A case that could drag on for a year or two; which sometimes involves going to court five or six times and then being told by the legal aid board, “I’m sorry you’re not getting paid for this,” or waiting several hours in the courtroom and getting 25 pounds sterling.

“The government needs to realize that you now have hundreds of people leaving the profession. He may not want to face the truth. The Legal Aid Board may not want to face the truth. They might not like what I have to say. Well, the point is, now you have people saying “we’re not going to do this anymore.” Cases can take up to five years to reach court.

“Victims who have tried to rebuild their lives suddenly get a letter telling them to go to court. It’s devastating.”

Angela Constance, the Secretary of State for Justice, told Scotland Tonight that she was “very sorry” to hear that Mr Anwar had withdrawn from legal aid.

She said: “I have to say that for this financial year alone I expect the legal aid budget to reach its highest level ever. Estimated spending on legal aid for this financial year will be £171m.

“We have increased the resources available for legal aid. Legal aid is a demand-driven budget. Unlike England and Wales, we have not reduced the scope or resources of legal aid.

“Legal aid fees have increased by 25% since 2019 and myself and Victims Minister Siobhian Brown will continue to work with the legal profession as I accept that criminal defense work is demanding, both professionally and personally. We want to collaborate with the profession in building better for the future.

“My message to everyone whose lives are affected by the criminal justice system is that this government will continue to focus its efforts and resources on reforming our criminal justice system so that it is more effective, efficient and trauma-informed .

“We will continue on this path and build on the successes that have been achieved so far, despite the fact that there is still a long way to go.”

A Scottish Legal Aid Board spokesman said the current court backlog was due to the impact of the coronavirus pandemic and not the inability of accused persons to secure legal representation.

The spokesman said: “The number of solicitors actively involved in criminal legal aid has remained relatively stable over the past four years, with activity largely concentrated among busier solicitors.

“Where solicitors refuse to take cases, such as appearing in vacation tribunals or court appointments for sex offenses and rape cases, the Public Defender’s Office (PDSO) has been able to represent them when they have capacity.

“Interim figures show that the cost of providing legal aid in 2023-24 is likely to have risen by 12% on the previous year to £151m. Criminal spending is expected to rise by 17% to £90m. Spending in 2024-25 is forecast to rise to around £170m, which would be the highest ever.”

A Scottish Courts and Tribunals Service spokesman said: “We remain aware of the impact that delays in the criminal justice system have on everyone involved, whether it’s an incident being investigated by the police, the prosecution taking the case to court , or delays in the process.

“The impact of the Covid-19 pandemic has doubled the number of scheduled criminal trials in Scotland to a peak of 43,606 in January 2022.

“Since then, with the introduction of additional courts, this has reduced to 23,361 at the end of September 2024. This has been achieved despite a sustained and significant increase in the level of solemn business, (the most serious criminal cases) going through tribunals, which are set to continue over the next few years.

“The aim is to return to a position where the number of scheduled trials for all types of criminal business is below 20,000, which in turn will lead to a reduction in the amount of time that victims, witnesses and accused have to await their trial.”

Watch the full report, Scotland Tonight Spotlight: Waiting for Justice, at 10.40pm on STV and STV Player.