Criminal defence specialists slam 'cynical spin'

Criminal law solicitors have accused the government of 'cynical spin' this week, after it pointed the finger at defence lawyers over delays in the system.

The complaint came after an Audit Commission report said that suspects are escaping justice and around 80 million is lost annually through inefficiency.

It said abuse of the system by defence lawyers was a possible contributing factor, and recommended a carrot-and-stick approach to pay, in line with Home Office plans to fine lawyers who stall cases (see [2002] Gazette, 16 May, 4).

Speaking on BBC Radio 4's Today programme, Home Office minister for criminal justice Lord Falconer said there was a current lack of incentive to conclude cases quickly.

'If the longer [the case] goes on the more chance that the defendant slips through the crack, the motive for lawyers is to stretch the process out,' he said.

Rodney Warren, director of the Criminal Law Solicitors Association, said courts could already penalise inefficient lawyers through wasted costs orders.

'The government is picking on lawyers, cynically spinning a story to avoid having criticism directed at those government departments involved,' he said.

Richard Miller, director of the Legal Aid Practitioners Group, said a significant proportion of delays are caused by the prosecution.

Law Society chief executive Janet Paraskeva urged solicitors not to get bogged down in 'the rhetoric of who is to blame'.

She said: 'Neither the Audit Commission report nor Lord Falconer suggest lawyers are stringing out cases for financial gain.

Their criticisms are aimed at the criminal justice system, rather than specifically at the legal profession.'

A spokeswoman said the Home Office is aware that delays may only be tackled with 'proper preparation by the police and the Crown Prosecution Service, sensible listing and a robust attitude from the bench.'

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Paula Rohan