Advocates: government forced to look at other options

'Barristers are not the only advocates in the country' - and the refusal by some to take publicly funded work last year has forced the government to look at other options, the Lord Chancellor has claimed.


Addressing the Bar Council's annual conference at the weekend, Lord Falconer insisted that the action taken in some areas of the country over legal aid rates in criminal work not only let down the public, but also 'led the state to feel uneasy about sole reliance on the bar'.


Lord Falconer praised barristers for their skill, dedication and professional reputation, but said in some areas alternatives have been much more developed following last summer's protest action. He said the Crown Prosecution Service was now prosecuting more cases in the Crown Court, and designated case workers were being used increasingly to present evidence in court.


But the Lord Chancellor added: 'I do not want an independent bar to be jeopardised. I do not favour a public defender system.'


Bar Council chairman Stephen Hockman QC said Lord Falconer's remarks did not reflect the situation, as it had been the policy of the Director of Public Prosecutions to make increased use of in-house advocates before the issue over fees arose.


The Lord Chancellor later admitted there was 'general chaos in a number of cases' within the criminal justice system and communication between all parties needed to be improved. He called on the bar to play its part in improving the quality of the court system, and not just blame other players in the process.