At the end of July, the High Court ordered the immediate release of 11 people who had been remanded in custody. The court found that they had been deprived of access to a solicitor. Without legal representation, their detention was illegal and could not stand.

This ruling set a precedent that has resulted in people who would never normally get bail walking free. The risks arising from a precedent like this are obvious. Preventable crimes are now much more likely to happen. And the longer the current dispute over the criminal legal aid scheme continues, these risks multiply.

The 11 cases that were heard in the High Court were advanced under a provision in Article 40 of the Constitution, which allows people to challenge the legality of their detention. These individuals, who all faced various criminal charges, were unable to secure legal representation due to the current criminal legal aid impasse. Many hundreds of solicitors, me included, stopped working under the scheme due to the unworkable changes that were made to it at the beginning of July.

Since that judgment by Judge Mary Rose Gearty, a further 70 plus cases have since appeared before the High Court. We are now witnessing a steady stream of cases.

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When a judge refuses bail and instead remands people in custody, it is usually because the alleged offence is particularly serious, there is concern about further offending or a risk to a victim or the wider public. While some accused are taking Article 40 cases in the High Court, others are being released........

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