Criminal defence solicitors are reeling this week after they were hit with a barrage of policy decisions that will affect the way they run everything from the simplest road-traffic offence to the most complex fraud case.

Top of the list was an announcement from the Department for Constitutional Affairs (DCA) that revealed plans to save up to 19 million annually by abolishing both advocacy assistance for early hearings in the magistrates' courts, and post-charge advice and assistance.

The plans emerged just days after the Legal Services Commission (LSC) hinted that it was moving closer to the introduction of competitive tendering, and announced that it would delay the new criminal contracts by three months and may slash the number of firms on its specialist fraud panel by 90% (see [2004] Gazette, 5 February, page 4).

The controversial DCA proposals will also see legal advice in the police station limited to a telephone service in many situations, while the court duty solicitor scheme will be restricted to defendants charged with an imprisonable offence or those in custody.

Crown Court judges will have less discretion over recovery of defence costs orders.

Minister David Lammy said: '[I] am confident that by targeting funds more efficiently we will ensure they remain available for those who need them.'

Helen Cousins, chairwoman of the Criminal Law Solicitors Association, said the plans would cause delays at a time when the government was trying to speed things up and leave solicitors at the risk of doing work they would not get paid for.

'The prospect of vast numbers of cases being delayed or adjourned while those charged with the most serious offences wait to get representation orders granted before they can get legal advice is very real,' she warned.

Law Society chief executive Janet Paraskeva backed the proposals on recovery but warned that the rest would hit society's most vulnerable people.

The DCA announcement came after the LSC revealed that it is set to consult on competitive tendering in crime.

Criminal Defence Service head Richard Collins said: 'The LSC intends to commence discussions shortly with the Law Society on the principles that will underpin the competitive tendering of CDS contracts in London.

It is planned that a formal consultation paper will be published in the early part of 2004/2005.'

The LSC also said last week that it would delay the new criminal contracts until July 1 to allow for further negotiations with representative bodies.

'However, we will not reconsider fundamental changes to the contract, which we consider to be lawful,' LSC policy and legal director Roger Hamilton insisted.

The civil contracts will go ahead as planned.

The Law Society welcomed the move and advised all solicitors to continue working under the existing contracts.

It will issue guidance after further discussions.

Legal Aid Practitioners Group director Richard Miller said he would have liked the civil contracts to be extended as well, but said it 'is an acceptable way around the difficulties'.

By Paula Rohan