Research casts doubt on public defenders

Criminal law practitioners this week called for the Criminal Defence Service (CDS) to be abandoned, after research showed that Scotland's public defender pilot has received the thumbs down from clients and caused a greater strain on the taxpayer's purse than private firms.Edinburgh's Public Defence Solicitors' Office (PDSO) was set up in 1998 for the Scottish Legal Aid Board to employ solicitors for criminal legal aid work.

Pilots began in England and Wales this year.Scottish justice minister Jim Wallace said he will think 'very carefully' about the role of public defenders, as 40% of clients who used the PDSO voluntarily said they would not use it again, compared to 17% of private clients who would approach a different law firm.Just 48% of clients agreed strongly that the PDSO had stood up for their rights, compared to 71% of those who had used private firms.

The research, conducted by the Institute of Advanced Legal Studies, also showed that PDSO clients were more likely to plead guilty early, reflected by the 5% increase in convictions.

However, although settling cases earlier should keep costs down, the PDSO would only be cheaper than private practice if it increased its caseload by 15% or reduced solicitors by one fifth, it found.Franklin Sinclair, chairman of the Criminal Law Solicitors Association, said the CDS should be abolished before it goes the same way.

He pointed the finger at solicitors' lack of motivation brought about by the 'civil service mentality'.

He said: '[Private firms] do a fantastic job for an incredibly cheap price, and this is just an extremely expensive exercise with no purpose or benefit.

It is only being used to threaten us, confront us, and make us lower our costs even more.'Legal Aid Practitioners Group director Richard Miller added: 'The fact that a significantly lower proportion of PD cases than private practice cases went to trial is a matter of grave concern, the causes of which should be investigated thoroughly before the public defender system is expanded.'CDS head Richard Collins said he would be bearing the findings in mind, but blamed the problems on the initial policy of forcing some defendants to the PDSO.

'There is no power in our legislation to direct clients, and that is the way it should be,' he said.

'We are attracting and retaining clients through what is important quality of service.'Law Society President David McIntosh also emphasised the importance of client choice.

'These findings reinforce our message that any system of publicly paid defenders must still provide a freedom of choice for defendants, between a private practice solicitor and a salaried defender,' he warned.