One of the proposed changes under the Carter reforms is that solicitors will no longer be allocated individual police station duty slots. It has been suggested that the slots will be allocated to solicitors' firms on historical data, although this has been delayed (see [2007] Gazette, 13 April, 1). This is the most significant and damaging change of all the proposals.
It is this change that is most likely to lead to a decimation of criminal representation under legal aid and to advice deserts. The only gain will be to the current partners of solicitors' firms, many of whom are hoping for increased fee income by making their employed solicitors redundant or renegotiating terms and slashing their salaries.
This will lead to long-term problems. Almost every young criminal solicitor is demoralised and considering leaving the profession. Many already have to survive on uncertain freelance contracts and rates of pay are decreasing considerably. Trainees are being told that it would now be a brave decision to specialise in criminal work due to career uncertainty and dwindling salaries. Therefore, staff levels at the coalface will reduce, and once these staff have disappeared, it will be very costly and time-consuming to rebuild the infrastructure. Quality of advice and professionalism will suffer.
Costs to the taxpayer will not change and will only lead to an increase the money in partners' pockets. This will be anti-competitive as it has already led to a moratorium on new firms and will make it almost impossible to set up a new firm, or for solicitors to have freedom of employment to move to a different firm.
There is also supposed to be parity of arms under the Human Rights Act. How can there be parity if equivalent solicitors within the Crown Prosecution Service have certainty of employment and considerably greater income?
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