Fenland solicitor David Chapple forced to give up criminal law following new legal aid regulations
A Fenland solicitor fears local people may miss out on justice after he was told he could no longer offer legal aid to criminal clients.
David Chapple, who runs Chapple and Co Solicitors in March, has undertaken legally aided work in both family and criminal law for over 40 years but changes in legal aid regulations mean he can no longer undertake both.
Mr Chapple explained: "The Legal Aid Agency has decided to implement and enforce regulations that mean a sole principal solicitor, like myself, can no longer offer both family and criminal law. They are saying that it is not possible for a sole practitioner like myself to do both effectively and suggested I take on a solicitor dedicated to criminal law, but there is simply not enough work to make it feasible.
"Legal Aid rates are low and there are so many restrictions on who is entitled, it is simple not possible to have one person solely to undertake that work. I have always enjoyed it, and been happy to do it."
But he said his firm had "reluctantly" decided to focus on legally aided family work, particularly in the area of child care. His firm is one of only two in the area that deal in child care law - that is where a family is facing having a child taken into care.
"During the last 42 years there have been many changes not least of which was the closure of the magistrates' courts in both March and Wisbech and the transfer of police custody cases post arrest to King's Lynn.
"Despite this I have continued to undertake legally aided criminal case work even though all the other firms in March and Chatteris ceased to offer this service many years ago. Now these new regulations mean I can no longer do that," said Mr Chapple.
He continued: "Regrettably this means people seeking legally aided representation in the criminal courts or advice and assistance on criminal investigations will no longer be able to do so in March or Chatteris and will have to travel to do so.
"This is another example of a restriction of the public's access to justice following on from the eligibility changes to legal aid in family cases which made it very difficult to obtain legal aid at all except in the case of child care proceedings, where parents are automatically eligible for non means and non merits tested legal aid."
Mr Chapple said those people who find themselves arrested and asking for a duty solicitor may find themselves unable to change to more local representation later and face having to travel to see their lawyer. He also said there was a "dearth" of criminal lawyers, which compounded the issue.
"Often it is the most desperate who commit the type of offences that are still entitled to legal aid, they are also the people who do not have access to a car and have to rely on public transport. Having to travel to see a solicitor may make it impossible for some people to seek the necessary legal help they need.
"It is already difficult for people to get to court if they have to use public transport, this decision has now added to the issues local people face," he said.
Adding: "People may decide to plead guilty because they feel they have no other choice, which means they are not getting the justice they deserve had they been able to see a criminal lawyer first."
