Advocates are urging people in the island to take part in the consultation on criminal legal aid as they prepare to submit their own full response to the issues it has raised.
The Attorney General John Quinn is seeking the public’s views on current criminal legal aid provision and the feasibility of alternative approaches including fixed fees and a public defender scheme.
He has set an eight week deadline for responses to be received.
The aim of the project is to develop ’policy options for the sustainable provision of legal aid in the island’.
Consultation will eventually follow on the second part of the project covering legal aid in civil cases.
A small team from the Isle of Man Law Society is putting the finishing touches to the organisation’s full reply to the consultation document which contains 68 questions.
The society has previously told business news that it is opposed to the idea of a state-backed Public Defender Unit.
It would see a board of advocates employed directly by the Manx government, replacing the current legal aid system. The scheme would see the creation of a permanent, full-time criminal defence team to replace private lawyers, primarily in summary court cases.
The society’s president Tim Frost said independent legal representation was key to criminal law.
Law Society chief executive Juan Moore said: ’Now we have seen the consultation document we have been working on our response.
’Obviously this is a huge issue for the island and we need to make sure that everyone knows what is going on and what the government are looking at.’
President Tim Frost said: ’The whole justice system is central to good governance in any democracy and we are very conscious of that.
’As a law society one of our obligations is to look at the interests of the Manx people in any particular change or legislation so that’s something we are very conscious of.
’We want any reforms to be fit for purpose and preserve the rights of people to have independent representation.’
Mr Moore said: ’That’s the key driver in all this, the interests of the public.’
Mr Frost said the subject of legal aid was ’a very hot topic’ at the moment and very important.
’It is central to the system. The other factor is that a lot of people look at criminal legal aid and they think they will never get involved in the criminal system and they wonder why should they be involved.
’Of course people can get absorbed in the system very very easily. And it might not be yourselves, but it could be your sons or daughters, other relatives or friends that could get involved without any intention to commit a crime.
’You or your son or daughter could be out and about and they could be standing outside a pub or a bar, something kicks off, everybody is arrested and before you know it you are involved in the system.’
Mr Frost will oversee the law society’s ’reasoned and sensible’ response to the consultation.
Mr Frost, who works at Appleby, said there were all sorts of problems around the public defender unit idea which came out of the government’s SAVE programme (Securing Added Value and Efficiencies).
Both Mr Moore and Mr Frost say it is vital as many people as possible try and read the consultation document.
Around 244 advocates are members of the law society.
Speaking from the Law society offices in Hope Street, Douglas, Mr Moore said some firms of advocates were anxiously waiting for any decisions to be made before expanding or taking on new staff.
Attorney General John Quinn said: ’I would like to encourage as many people as possible to take part in this important consultation, as it is an essential step towards helping understand people’s views.’ Copies of the consultation are available by calling 685452 or emailing [email protected]

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