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Limited funds gives limited mitigation

Updated: Jul 23, 2023


Let’s talk legal aid. People who cannot afford justice are quite rightly offered a way to defend themselves by applying for government support.

Over recent years, the amount paid out through legal aid has steadily declines making it a) harder to qualify and b) likely that the amount paid is significantly less than may have been expected.
I don’t want to criticise legal aid, as we would be in a lot worse position without it, but I do want to focus on the impact it has on sentencing and mitigation to reduce or change sentences. Because this really does matter.

Solicitors are paid a fixed fee for a sentencing, the barrister likewise. And these amounts are not overly generous. So a solicitor has to decide where the payment goes. Their time, surely. But also office and business costs, time spent fielding questions, uploading documents, liaising with the barrister and a myriad of other costs including staff and administration. But where is the money to prepare for mitigation?

The shocking answer is that there is none. If the solicitor spends time helping to create a good mitigation, the time will dilute the payment and, crucially, stop them taking on other cases which is the lifeblood to a legal aid solicitor. . Even solicitors that you pay exorbitant rates do not generally charge for mitigation time unless you ask them to do so and pay for their time. So unless you do it yourself, don’t expect anyone else to look out for your justice.

Until now. Mitigation.org.uk can help prepare a good mitigation to give you the best chance of improving your final sentence. As a not for profit, we strive to keep costs down so you won’t pay high rates for something that could even keep you out of jail. Think about it.
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