The government this week unveiled its first detailed plans for a paid public defence service in criminal cases.A consultation paper from the Lord Chancellor's Department (LCD) stated that in an 'initial period of operation' and research at least six regional offices will be established, all but one in what were described as 'large conurbations'.
The first three will be open by 2 April 2001.
A full report on the operation of the scheme is planned for 2004.Salaried defenders will be part of the Criminal Defence Service (CDS).
It will replace criminal legal aid from April 2001 and be managed by the Legal Services Commission (LSC).Initially, salaried defenders will be expected to get clients by allocation of slots on police station and court duty solicitor schemes.
But the possibility of gaining clients by other methods, such as advertising, was not ruled out.The consultation paper rejected the idea of using salaried defenders as 'gatekeepers' for private practice lawyers or for limited types of work.
Instead, they will be staffed to offer a 24-hour 'seamless service' from police station to Crown Court, the paper said.
It also made it clear that the salaried defence service will allow the government to test the quality and value-for-money provided by private practitioners.
David Lock, parliamentary secretary at the LCD, said at the launch of the consultation paper that an ability to compare the paid defender service with private practice will ensure that the government obtains 'the best representation for the defendant at the best value for money for the taxpayer'.Steve Orchard, the LSC's chief executive, qualified Mr Lock's comment, saying that in the initial stages, the service is likely to be more expensive than private practice because of set-up costs.
The service will also run at less than full capacity until it develops a full client base, he said.Law Society President Robert Sayer said: 'If this government is committed to small businesses, then it must ensure that creating a salaried defence service does not undermine those firms which provide most of the publicly funded legal services.' The service 'must be properly funded and provide a quality service to clients', he added.The issue of cost comparison drew heavy criticism from Criminal Law Solicitors Association chairman Franklin Sinclair, who said the government's motive for introducing paid defenders was an attempt to pay solicitors in private practice 'as little as possible'.
He said there was no need to introduce the service as private practice would soon be 'totally controlled by contract payments and quality standards'.See Leader, page 14Sue Allen
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