Defence lawyers hit back at government fines plan

ADJOURNMENT CULTURE: White Paper considers penalties

Defence lawyers have reacted angrily to government suggestions that they should be fined if they string out criminal cases to increase client fees.

Home Secretary David Blunkett said last weekend that he and the Lord Chancellor, Lord Irvine, would look at ways of building penalties and incentives into the law to tackle the 'adjournment culture'.

Franklin Sinclair, former chairman of the Criminal Law Solicitors Association, said: 'This is a continuation of the government's unjustified attacks on defence lawyers.

They do not appreciate that our role is an independent one that includes standing up for our clients and getting them the best deal - we are not here to bring down crime figures.

'Often we are in the hands of our clients, who can be stubborn and unco-operative,' he continued.

'Is there any evidence showing us to be the cause of delays?'

Steve Wedd, a member of the Law Society's criminal law committee, said: 'For the home secretary to say things like this is a disgrace to the adversarial system over which he presides as head of the prosecution.

The majority of defence applications to adjourn are based on the prosecution's inability to do a job in a timely form.'

A Home Office spokesman said: 'A policy White Paper will be produced at the end of the summer looking at the whole process from arrest to sentencing.

Financial penalties for defence lawyers is being looked at and we will await the paper for progress.'

Andrew Towler