Defending the defence

I was sorry to read Anthony Sugare's letter (see [2000] Gazette 22 June, 16) coming, as it does, from a president of a local law society.

The debate on salaried defenders in this country has for too long been characterised by scare stories based on entrenched positions and a meagre understanding of the abundant research evidence on the operation of such services in other countries.I would refer Mr Sugare and others with an interest in this issue to the government's consultation paper, Establishing a salaried defence service and draft code of conduct for salaried defenders employed by the Legal Services Commission, which addresses all of the points raised in the letter.

Not only does the paper emphasise the positive benefits of salaried services, it also provides balance by addressing criticisms that have been made of such services and how we will approach these issues as we establish the service and conduct research into it.There is one specific issue raised that I would like to respond to more directly; that is, the quality and commitment of the lawyers the Commission will employ as salaried defenders.

The Commission will seek to employ talented, hard-working and committed criminal defence lawyers within the salaried service.

Let no one be under any misapprehension that joining the salaried service will provide a quiet life.

I am consistently impressed by the talent, commitment and dedication of many of the private practice criminal defence lawyers that I meet and work with in my present role.

In establishing the salaried service, our aim will be to emulate the very best of these and to provide services of equal quality.As regards employees of the salaried service not being prepared to offer 24-hour services, I refer Mr Sugare to paragraph 36 of the consultation paper, where the issue of the provision of a 24-hour service (which the salaried offices will be providing) is addressed.We will be assisted in establishing a salaried service by a dialogue with, and within, the profession on how a quality service can be provided, and I would welcome such a debate.

But let us raise it above the level of mere rhetoric.

Richard Collins, head of criminal defence services, Legal Services Commission