Solicitors are not taking applications to the Criminal Cases Review Commission (CCRC) seriously enough, and are delaying the review process, the commission's chairman said this week.

Professor Graham Zellick warned that current scrutiny over the way the commission operates meant it is likely to clamp down on time limit extensions granted to solicitors.


Prof Zellick told the Gazette: 'The performance of solicitors acting for applicants is very uneven. There are those who do a great deal of work - but there are also those who do almost nothing.


'One particular irritation is that not infrequently solicitors do not take the case seriously and do not do any substantial work until we issue our provisional statement of reasons - which is supposed to be more or less at the end of the case. But in too many cases, that is the first time that lawyers are galvanised into acting, and they then overwhelm us with huge amounts of material. Then they ask for more time.'


He added: 'It may be that in the past we have been too lax in allowing time extensions. But as our efficiency is now under the microscope, I would be surprised if there were not developments on this.'


Criminal Law Solicitors Association director Rodney Warren said: 'I suspect that the problem is that there is little or no legal aid to help with these cases. Very often solicitors undertake these cases on a pro bono basis. Perhaps the answer would be for the CCRC to campaign with us to the Home Office for specific funding of its cases through a designated budget.'


A Law Society spokesman said: 'The Law Society will consider any concerns the commission wishes to raise with us about the conduct of defence solicitors. Potential miscarriages of justice deserve proper and full attention.


'We recognise the significant amount of pro bono work defence solicitors undertake on long, complex cases. Proper resources must be available for this important work without placing further strain on the already stretched legal aid budget.'


Prof Zellick admitted that a funding shortage had led to a 'dramatic deterioration' in the commission's waiting lists over the past year. For more complex applications that cannot be dealt with within five working days, waiting times rose from one year to 18 months for those in custody, and from two years to 30 months for applicants at liberty. The CPR chairman admitted that more funds were likely to be needed.