Shamima Begum may not deserve your sympathy, but she is entitled to legal aid

“As Lord Reed said in a famous Supreme Court decision:

At the heart of the concept of the rule of law is the idea that society is governed by law. Parliament exists primarily in order to make laws for society in this country. Democratic procedures exist primarily in order to ensure that the Parliament which makes those laws includes Members of Parliament who are chosen by the people of this country and are accountable to them. Courts exist in order to ensure that the laws made by Parliament, and the common law created by the courts themselves, are applied and enforced. That role includes ensuring that the executive branch of government carries out its functions in accordance with the law. In order for the courts to perform that role, people must in principle have unimpeded access to them. Without such access, laws are liable to become a dead letter, the work done by Parliament may be rendered nugatory, and the democratic election of Members of Parliament may become a meaningless charade. That is why the courts do not merely provide a public service like any other.”

The Secret Barrister

Another weekend, another flurry of anti-legal aid stories finding their way into the tabloids. On the criminal legal aid front, The Mirror splashed outrage at the notion of Andrew Hill, the pilot acquitted of manslaughter following the Shoreham Airshow tragedy, “getting” legal aid to mount his successful defence at his criminal trial last year.

It’s one thing when The Mirror – a market leader in legal aid trash news – whips its readers into uninformed apoplexy over criminal legal aid being granted to those who are, after a fair trial only possible because of legal aid, convicted. But it breaks bold new ground even for this organ to resent legal aid being granted to a man whom a jury has found to be not guilty.

Then this morning, the Daily Mail, in a headline which may stand out as the apotheosis of journalistic legal ignorance, announced:

“Shamima Begum is…

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| Exposing Truth Behind Media Spin. Truth is not gossip. It's not sensational or even exciting. Truth's reality, fact. Truth's shocking, sad, horrific, frightening and deadly. Controversial issues discussed here so only for those able to digest Truth.

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