LIVE NETWORK: defence solicitors to create audit trails

A scheme to enable defence solicitors to send and access documents via the government's secure e-mail network will go live later this month.

The government organisation, Criminal Justice Information Technology (CJIT), is rolling out access to the 42 local criminal justice board areas in England and Wales, and selected practitioners - including defence lawyers - are being asked to pilot it.

Work has already begun in Essex, Avon & Somerset, Durham, Cambridgeshire, Leicestershire, Surrey, West Midlands and Lancashire.

Criminal justice agencies such as the police, Crown Prosecution Service, Probation Service, Prison Service and Court Service all have access to the system, Secure eMail (SeM).

The encrypted system speeds the process as sensitive information can be sent privately and electronically, cutting out the need to post it.

Delays caused by documents not reaching their intended source in time can undermine cases, so defence lawyers should also be able to use SeM, organisers of the programme have decided.

The system will also create 'permanent electronic audit trails'.

This means defence solicitors will be able to build up a history of, for example, prosecuting authorities' failure to comply with directions or the failure to produce information on time.

It should also demonstrate how an effective defence practice contributes to the overall performance of the criminal justice system, and just how well most defence firms perform.

Law firms will not need new technology to use SeM, although some minor technical changes to existing systems may be needed.

Rodney Warren, director of the Criminal Law Solicitors Association, welcomed SeM.

'There's a lot of work going on with CJIT to develop effective communication across the criminal justice system and it's very important that the defence is included,' he said.

But Mr Warren did sound a note of caution over security and the level of access that defence solicitors would have to the system.

'It could be open to abuse and information could fall into the hands of an unscrupulous individual,' he explained.

'Great care has to be taken - we have got some work to do but we are being very positive.'

Chris Baker