Campbell Malone, the solicitor who represented Stefan Kiszko throughout his 16-year wait for justice, is today warning of a new threat to people’s rights to free and independent legal representation.
The criminal defence lawyer for Stephensons Solicitors LLP, in Wigan, is concerned people are being denied their right to proper legal advice as the Defence Solicitor Call Centre (DSCC) and police across Greater Manchester struggle to get to grips with new legal aid rules which came into effect this week.
The Legal Services Commission (LSC), which manages legal aid provision, has introduced changes to the way detainees can gain access to free legal advice. Since January 14th, all requests for publicly funded legal representation are routed through the DSCC which then refers matters to requested solicitors or in their absence, duty solicitors.
But, just days into the changed system, Stephensons is concerned the DSCC is incapable of handling the responsibility and sometimes innocent people could be forced to endure police interviews without proper representation.
Campbell Malone, a partner at Stephensons, says: “Following the conviction of Ronald Castree in November 2007 for the murder of Lesley Molseed, I was asked by many whether I felt the dreadful miscarriage of justice that befell my client, Stefan Kiszko, could occur again. Mr Kiszko served 16 years in prison, because in the absence of a solicitor, he confessed to a murder that he could never have committed.
“At the time I was happy to say that following the introduction of the Police and Criminal Evidence Act that sort of miscarriage of justice was unlikely to reoccur, as every arrested person is entitled to access to their own solicitor before being interviewed by police. If the named solicitor is unable to attend, a duty solicitor would.”
Through the updated scheme, even if a detained person requests a named solicitor, police must now direct all requests through the DSCC, whereas in the past, the police would call the solicitor direct.
Problems which have already arisen include:
- Stephensons clients, who have specifically requested representation by the firm, are being told there is no record of the company available despite the firm’s details being given to the DSCC.
- Individual solicitors have been contacted at unsocial hours to take on cases miles away, despite the call centre having the contact details of available colleagues closer to the station.
“We do not want another Stefan Kiszko on our hands and only an efficient and coherent scheme will deliver that entitlement.”
“The chaos we and other solicitors have experienced this week is further evidence of the erosion of human rights. Legal aid is there to protect peoples’ rights, enable them a fair hearing and access to solicitors when detained in police stations”, added Campbell.
“Speaking to other firms it is clear it is not only Stephensons which has experienced these problems. Just days into the new system, these issues are not only a very real threat to a person’s rights, but police are also being diverted away from their primary role to clear up the mess.
“It is vital people are aware they are still entitled to free and independent legal advice and should not succumb to pressure from the police to go into interview without representation.