Taking the pledge

LAWLESSNESS AND HOW TO TACKLE IT IS ONE OF THE THEMES OF THIS ELECTION.

Victoria MacCallum and Paula Rohan ASSESS POLITICIANS' STANCE ON ISSUES SUCH AS LEGAL AID AND A UNIFIED COURT SYSTEM

Crime is the main focus of legal reform in the three main parties' election manifestos.

However, legal aid does get a look in.The Conservatives have revived their plan for a community legal aid fund (CLAF).

Clients would be awarded public funding on merit and if successful would repay a premium of around 10% of damages to the CLAF; successful defendants would be able to recover their legal costs from the fund.

The Tories estimate it would save around 300 million.

Karen McKay, director of the Legal Action Group, criticised the plan: 'The CLAF was a policy the Conservatives were looking at when they were in government but rejected, and there is no reason to think it will work now.

It all comes down to bogus savings and eliminating civil legal aid.' A Law Society spokeswoman added: 'Comparatively little legal aid expenditure now goes on damages claims, so it is unrealistic to think that a scheme of this sort could make a significant saving overall.' The Liberal Democrats Lawyers Association announced this week that the party would introduce a contingency legal aid fund, which would be self-funding after an initial injection of start-up capital.

Successful litigants would recover extra costs which they would pay to the fund, perhaps together with a small proportion of their damages.

That money would pay for unsuccessful cases.

There would be no means test and the fund would pay costs where cases were lost.

It would run alongside Community Legal Service funding for non-money cases such as those involving children.

Public funding would also be available for employment tribunals.

Labour's manifesto said the party aims to extend the Community Legal Service to 90% of the population by April 2002 (85% is covered now).

'We will continue to pursue the principle of best value for the benefit of the taxpayer and criminal defendants in the Criminal Defence Service,' it said.

'We will examine reforms of the tribunal system in the light of the Leggatt Review.

We will subject restrictive practices in the legal professions to the closest scrutiny to ensure both the professions and the courts serve the wider public interest.'On crime, Labour's manifesto said that 'too much of our criminal law and the organisation of the courts are stuck in the past'; hence the proposed 'unified' court system.

Most controversially, and to the unanimous disapproval of the profession, the party would reintroduce its plan to restrict a defendant's right to choose trial by jury in either-way offences.

Franklin Sinclair, chairman of the Criminal Law Solicitors Association, supported court unification.

'Anything that will streamline the process and increase the efficiency of the system is to be welcomed.' However, he dismissed the idea of a late-sitting court, seven days a week as 'fantasy'.

'The costs that would ensue are totally out of proportion to the small saving'.A Law Society spokeswoman said fair trials would be put in 'grave jeopardy' if juries were routinely told about a defendant's previous convictions.

On specialist courts, she added: 'This is one of a number of proposals to reform the courts system - the Society recognises the need for more specialist handling of some cases and looks forward to seeing the detailed proposals.' The Conservatives pledged reforms such as tougher sentencing and greater commitment to victims, but Bar Council chairman Roy Amlot challenged the absence of a policy on trial by jury.

The Liberal Democrats' proposal to abandon the government's plans for a public defender scheme was welcomed by Mr Sinclair and Mr Amlot, while the party's intention to restore the right to silence and abandon the idea of mandatory sentencing 'are good, liberal policies and will greatly benefit the legal system', Mr Sinclair added.

Welsh party Plaid Cymru has pledged more community non-custodial sentencing to cut the prison population by one-third, equal rights for unmarried partners, and support for trial by jury.

Policy director Cynog Dafis said the party had a 'progressive and pragmatic programme' designed to get 'justice for Wales'.

See Editorial, page 16 and Feature, page 18

Labour's key vowsl Modernise criminal proceedings; l Unify the magistrate and Crown Court system, including lower/intermediate tiers; l Remove 'either way offences' - that is restrict the trial by jury option; l Specialist judges/juries for specialised offences such as fraud; l Late-sitting courts, seven days a week in high-crime areas; and l Allow the admission of previous convictions where relevant.

Conservatives' key vows l Create a community legal aid fund; l Introduce an obligation on the Crown Prosecution Service to consult with victims before dropping or downgrading a case; l Reform the double jeopardy rule and law on self-defence;l Further rights of appeal against unduly lenient sentences; l Criminals would serve the full sentence they are given; andl Compensation payments commensurate with suffering.

Lib Dems' key vowsl Introduce a contingency legal aid fund; l End mandatory sentencing; l Create a department of justice with a separation of the legal and law enforcement powers, and reform of the Lord Chancellor's power;l Retain jury trials; l Restore the right to silence; and l Abandon the public defender scheme.