MOTION: doubts cast on training and level of supervision


The Law Society Council last week signalled its opposition to Crown Prosecution Service (CPS) plans that would allow designated caseworkers (DCWs) to prosecute trials in magistrates' courts.



The extension of DCWs' powers to permit them to conduct all summary-only trials was set to be debated in Parliament this week.



A council motion - put forward by Tim O'Sullivan, member for Dorset, and passed unanimously - pointed out that non-legally qualified DCWs 'are not "Officers of the Court" or subject to a professional regulator's code of conduct'.



The motion also expressed concern over the adequacy of training DCWs receive and the level of supervision by Crown prosecutors.



Mr O'Sullivan said: 'DCWs may be cheaper to recruit and retain than qualified lawyers, but this move by the CPS fails to protect the interests of the public. It is wrong to give members of staff a couple of days' training and then give them the huge responsibility of applying for the accused to be remanded in custody or even imprisoned for up to 12 months.'



Penny Palmer, the council member for the CPS, added: 'This raises the possibility of a victim of crime seeing the accused prosecuted by a lay person, but defended by a lawyer.'



The Director of Public Prosecutions, Sir Ken Macdonald QC, defended the plan. He said: 'Our DCWs have substantial experience and knowledge of the law and court procedures. They are given full training for the hearings they conduct and work under the supervision of CPS lawyers.'



He added that the use of DCWs enabled CPS lawyers to focus their skills on more serious cases.



Jonathan Rayner