Government Extends Public Defenders Service to Committal Proceedings

A Significant Step Towards Fairer Access to Justice 

The Government has announced that individuals facing committal proceedings, who are unable to find any other legal representation will now have access to legal representation through the Public Defenders Service (PDS), addressing a long-standing gap in the justice system.

Committal hearings, which are civil cases, but determined to criminal standard using a quasi criminal procedure, are some of the most complex issues arising in civil cases. There have been growing concern, as reported in the Guardian that large numbers up to 57% of defendants were being imprisoned having not received legal representation in the civil courts.   

For years, the lack of government-provided representation at this stage has been criticised by legal professionals, advocacy groups, and human rights organisations. The absence of legal support has particularly affected vulnerable and disadvantaged individuals, contributing to systemic inequality within the justice system.

In response to a recent pre-action letter the Lord Chancellor has indicated that the Public Defender Service will be able to represent Defendants for the first time in civil courts to represent individuals in committal proceedings. 

This is a long-overdue and a surprising development. Committal proceedings are a key safeguard in the justice process. Ensuring access to legal representation at this stage upholds the fundamental principle of equality before the law.

An individual faced with committal should at the earliest opportunity speak with a lawyer, and arrange for professional representation. Scott Moncrieff & Associates are one such firm in London and the South Eastern Circuit. Other firms have helpfully been identified by Civil Litigation Brief 

If you live in an area without local lawyers able to assist, nor one that is willing to work out of area then you should contact the Public Defenders Service as a last resort.  If you are still unable to access representation then please contact us, to instigate Judicial Review proceedings, no one should be unrepresented in a committal proceedings. 

Adam Tear, is a solicitor advocate with a particular interest in contempt of court, and has been involved in some of the most complex case in this area.