The Government's opportunity to save significant prosecution and Crown Court costs by an important reform to criminal procedure in the magistrates' court is at risk because of the lack of an overall plan.The changes, contained in the Criminal Procedure and Investigations Bill which was published last Friday, would result in a defendant charged with an either-way offence being invited to indicate his plea before mode of trial was decided.The opportunity to elect trial in the Crown Court would then be restricted to a person who indicated a plea of not guilty.

The number of cases reaching the Crown Court would be reduced, as the defendant would not be allowed to select the sentencing forum.

But the right to have the case against the defendant tested by a jury would be protected.Defence solicitors must be able to assess the strength of a prosecution case and be satisfied that the level of charges will not change before advising the defendant how to plead.

If the defence does not receive sufficient disclosure and the charges are not finalised before mode of trial, an opportunity for meaningful reform and savings will be lost as defendants will simply indicate a plea of not guilty as a holding position.There must be more disclosure than at present at this early stage, more opportunity for the CPS to conduct a thorough review of the file and more time in the court process to enable this to happen.In its white paper, 'Mode of trial', the government acknowledged that 'it will be essential for the prosecution to have the case against the defendant fully prepared and disclosed to the defence in time for an informed plea in the lower court to be entered'.But other reforms by the government pull in a different direction.

It has accepted the report following an efficiency scrutiny and is committed to reducing the amount of paperwork which the police have to produce and disclose to the defence before mode of trial.A new police file was introduced this month for all either-way offences (except serious assaults) where the officer anticipates a guilty plea in the magistrates' court.The officer will take statements only from enough witnesses to prove the elements of the offence.

This may be just the 'victim'.

The defence will not have a list of the other witnesses or know the extent to which they may disagree with each other.The written summary of the tape-recorded interview, which the defence currently receives, is replaced by a one-line 'short descriptive note' -- of no use to a solicitor who has yet to receive a copy of the tape.It is too late to consider building in more time for case review and disclosure by the CPS before mode of trial because of another change the the transfer provisions.

Brought in by the 1994 Act, they are due to be introduced in the new year.

Roundly considered to be a waste of an opportunity to reform the committal procedure, they have been delayed three times already this year, having been found to be virtually unworkable.A significant stage in the transfer procedure is the service of the prosecution case on the defence.

Rules of court will require this to be done within ten weeks after mode of trial, doubling the time allowed to send the case to the Crown Court.The new Bill requires the prosecutor to disclose to the defence unused material which in his view might undermine the prosecution case together with a schedule of the material which he is not dis closing and which is not sensitive.

The defence may wish to consider these before indicating a plea, but the Bill provides for this to take place only after committal or transfer.