If an equality analysis had been undertaken before this decision were made, you would have known that this decision would have disproportionately negative consequences for women. Women are more likely to be charged with offences for which incarceration is not the penalty. So for them, the penalty of a conviction is not incarceration which triggers entitlement to legal aid. It is the loss of their children, the loss of their ability to find work, and the prospect of almost certain incarceration if they come into conflict with the law again. And this is occurring at a time when we are seeing an increasing criminalization of women's attempts to protect themselves, their children and their records.
Unrepresented individuals are more likely to be convicted, more likely to receive stiffer sentences.
This Department must take responsibility for this violation of women's equality and liberty interests. Criminal legal aid is badly underfunded. In terms of civil legal aid, having a financial need for civil legal aid is no longer the criteria for receiving legal aid. We consider this to be a hideous standard. It means that women have to get the shit beat out of them before they can access legal aid.