criminally contractedThe Criminal Defence Service (CDS), created by the Access to Justice Act 1999, will be implemented on 2 April 2001.At that point the existing system of criminal legal aid under the Legal Aid Act 1988 will cease, other than for individual instances of advice and assistance or representation commenced before 2 April under the 1988 Act and continuing afterwards.The government and the commission have made it clear that from 2 April only contracted firms will be able to commence new CDS work which will be funded by the commission.

This is set out quite clearly (at page 6) of the draft general criminal contract published for consultation in August 2000.Despite this clear statement, we are aware that it is being suggested by some of the profession's representative organisations that individual firms which do not sign the general criminal contract when it is offered for signature in February will be able to begin new work after 2 April.It is essential that it is understood that only firms which sign the contract will be able to undertake any new criminal defence work funded by the commission after the contract commencement date(2 April).For new matters, the existing legal aid arrangements for advice and assistance and magistrates' court representation will, as a result of the regulations creating the CDS under the 1999 Act, cease to exist.Steve Orchard, chief executive, Legal Services Commission