Bar Council and Law Society renew warning to Peers over Criminal Justice and Immigration Bill
2 April 2008
The Bar Council, which represents over 15,000 barristers in England and Wales, has today urged Members of the House of Lords to amend further a key provision of the Criminal Justice and Immigration Bill, which is currently being considered in the Upper House.
The Bar Council, together with the Law Society – which represents solicitors across England and Wales - remains concerned about Clause 55, which proposes to extend the powers of non-legal Crown Prosecution Staff (‘Designated Case Workers’ - DCWs) to conduct serious trials in magistrates’ courts.
The Bar Council has called on Peers to approve amendments to ensure that Government proposals to extend the remit of DCWs are expressly limited to summary only offences which are non-imprisonable.
Commenting on Clause 55, Bar Chairman Tim Dutton QC said:
‘Over 90% of all criminal cases begin and end in magistrates’ courts; it is therefore vital that public confidence in the criminal justice system is not placed at risk. Using non-legally qualified lay people to conduct prosecutions in trials which could end in imprisonment could place the public’s confidence in doubt, and result in longer trials, more appeals as well as cost the taxpayer more.’
Mr Dutton added:
‘The Government have already recognised the need for DCWs to be properly supervised, suitably trained and externally regulated. We therefore also support an amendment to Clause 55 which requires DCWs exercising extended rights of audience to be regulated by an approved regulator under the Legal Services Act 2007, such as the Bar Council or the Law Society.’
Julia Beer, Chair of the Young Barristers’ Committee, said of Clause 55:
‘Young barristers are very concerned about the deployment of DCWs for tasks for which they are not properly trained or prepared. The Young Barristers’ Committee supports the amendments to Clause 55 as it is undoubtedly in the interests of justice that any extension to the DCWs remit is expressly limited to summary only non-imprisonable offences, and that any DCW prosecuting these type of offences is trained to the equivalent standard of a legally trained barrister or solicitor.’
Andrew Holroyd, the President of the Law Society, said:
‘The Law Society remains concerned that Clause 55, as it stands, will not protect the public. It is vital that any advocate is regulated by an approved regulator, as was explicitly set out in the Legal Services Act 2007. The Law Society supports the call for Peers to restrict DCWs to non-imprisonable, summary-only offences.’
