Defenders' autonomy fear

REPORT: link between pilot scheme and Legal Services Commission threatens independence

The direct link between the pilot public defender offices and the Legal Services Commission (LSC) is a cause of 'great concern' for their independence, a report from civil liberties group Justice has claimed.The report, drawing on the experience of public defenders in the US, emphasised the importance of independence for the service to avoid defects seen in the Crown Prosecution Service and some US schemes.A key worry is the LSC's direct control.

'It is of great concern that under the current model, public defenders are directly employed by the LSC, the service is managed by the commission's head of criminal defence services, and its professional head will, at least initially, be a member of the commission,' the report said.Justice said an independent head of the service is essential to lobby the legislature directly on issues such as funding and caseloads, and protect the service's independence.It also highlighted the importance of having a well-resourced private practice profession operating in parallel with the service.A cross section of systems in the US was examined in the report to try and find ways to avoid 'under-resourced, inexperienced and overloaded lawyers (who) participate in factory line justice'.It found the most successful systems are those with a mediator between government funders and service providers to monitor consistent quality and standards throughout the sector - and suggested the LSC for the role.

But the independent head would ensure independence from the commission.'Concern has been that the founding of the scheme would be a cost-cutting exercise by the government,' said Louise Delahunty, a member of the Law Society's criminal law committee.

'However, if the motivation is a better deal for the defendant, then the service's establishment must be accompanied by its independence.' The LSC welcomed the report as 'constructive' and said it has 'comprehensively addressed the issue of independence, not least in the PDS code of conduct, which has been approved by parliament'.

The code states that a professional has a duty to maintain his or her independence and not allow it to be compromised by anyone, including the LSC.Andrew Towler