Defenders show up crime funding flaws

The head of the Criminal Defence Service has admitted that criminal contract rates may have to go up to combat recruitment and other problems highlighted by the public defender pilot - and accused some solicitors of trying to scupper the project in its early stages.

Richard Collins told the Gazette that lessons have already been learned from the four Public Defender Service (PDS) offices, which were set up in Swansea, Liverpool, Middlesbrough and Birmingham six months ago.

He said: 'I now understand some of the issues facing private practices in recruiting good lawyers.

I think it's pretty tough at the moment finding good criminal lawyers, which backs up a lot of what private practice is telling us.'Another issue up for consideration is how much money is paid to private firms under criminal contracting, Mr Collins said.

'We are not at that point yet, but if we find that in some areas we are paying more than we need to, that will be important to know.

But if in other areas it shows up that we are paying less than it is possible to do the work for, that is something we will have to remedy.'Mr Collins argued that as a result private practitioners will benefit from the exercise, and said it was 'annoying' that some are causing problems.'In one or two areas, some of the local criminal lawyers - and it is a small minority - have quite vociferously gone out of their way to make life difficult,' he complained.

'It's silly things like not talking to us or making silly complaints just to create work for us.' A Law Society spokeswoman said: 'We welcome the recognition that there are real problems with recruiting and retaining enough solicitors to provide a good quality service to clients.'Firms will only be able to recruit if they can offer new solicitors a worthwhile career.

We will be pressing the commission and the government to take urgent action to remedy the situation.'Franklin Sinclair, chairman of the Criminal Law Solicitors Association, said he was 'encouraged' by Mr Collins' comments regarding recruitment and rates of pay, but argued that any complaints made have been genuine.

He added: 'I don't believe it is appropriate for professionals not to speak to their fellow professionals.

I would urge [CLSA members] that they should challenge the public defence system and show that we are better, but let's not get personal with the PDS staff.'Richard Miller, director of the Legal Aid Practitioners Group, also welcomed debate on the issues raised by the pilot.

'In my opinion, it is likely that it will show the PDS is more expensive to run than private practice, so I am glad if Mr Collins is saying there will be more money if this happens,' he said.

By Paula Rohan