By Anita Rice


Nearly 20% of external applicants for Crown Prosecution Service (CPS) advocacy work in the capital have appealed against the skills and experience grades they have been awarded as part of a new quality assurance and monitoring scheme, the Gazette has learned.



CPS London is introducing the system for barristers and solicitor-advocates this year to appoint individuals according to ability, experience and involvement in complex cases. Previously it engaged external advocates from 'preferred chambers'.



The most senior applicants have been ranked grade four and the most junior grade one. Those who applied for grades one and two were automatically processed, while the top two rankings were considered by professional panels. Of 1,636 applicants, 288 have appealed against their grading.



The process began back in October, with paper applications endorsed by either heads of chambers or senior partners, and grades awarded by panels consisting of CPS representatives, senior counsel or higher courts solicitor-advocates.



Raj Joshi, director of legal practice and quality assurance at CPS London, said the grading project was not only fair but necessary to protect standards and meet equality and diversity obligations when buying external services.



He said the number of appeals 'says a lot about expectations', pointing out that the Bar Council and the Law Society helped formulate guidelines and sat on panels.



'CPS London spends nearly £37 million a year on external advocates and if you are a victim or witness, you want to know the person representing the Crown case is up to the job.



'The idea that a public body is instructing individuals who have not been through a selection process is ignoring public service and accountability. We cannot be seen as endorsing an ad hoc, unfair and potentially discriminatory method of selection.'



Of the applicants, 578 were women and 335 were black and minority ethnic candidates. Mr Joshi expressed disappointment that women were particularly under-represented. Around a dozen solicitors applied for the scheme, none of whom appealed their grade.



Timothy Dutton QC, vice-chairman of the Bar Council, said the vast majority of appeals were uncontested in what is a new scheme. 'Each barrister had to submit an evidence-based application; maybe some didn't supply sufficient evidence for the grade they were applying for, some individuals may have been over-optimistic, and some grades may be wrong and corrected on appeal,' he said.



The CPS expects to complete the appeals process by mid November.