ABSTRACT
The criminal justice system of England and Wales has long been in demise. In recent times, there have been significant cuts to – and restrictions placed on the availability of – criminal legal aid. While suspects and defendants have had their rights fettered, they have also been compelled to participate in the case against them. The restrictions on criminal legal aid have placed the criminal accused in a precarious position, with many having to navigate the complex, alien and often inaccessible criminal processes alone. This chapter examines the significant restrictions on criminal legal aid and the impact that these have had on criminal defence in general and the criminal accused in particular. It explores how the individual accused may be negatively impacted in specific scenarios and examines the broader depletion of legally aided criminal defence across the jurisdiction. Drawing on empirical research, it highlights the vulnerable position of the accused vis-à-vis the state, arguing that cuts and fee stagnation place the accused in an increasingly deleterious position.
