Defence solicitors can help overhaul 'wasteful practices' in criminal justice system

31 March 2010

Solicitors at the coal face of the criminal justice process stand ready to help the next government make significant improvements to the wasteful and challenged criminal justice system.

In its policy manifesto on criminal law and the criminal justice system, the Law Society includes several measures and proposals, aimed at improving the criminal justice system.

These include calling upon the government in power following the General Election to establish a Criminal Justice Practitioner Review Board to include defence solicitors and others who work in the criminal justice system to advise before the implementation of changes.

There has been a number of new initiatives that have changed how the criminal justice process operates, but without the effects of how these changes interact with other parts of the system being properly taken into account. Changes to the way in which one part of the system works can have knock-on effects on other parts and the Law Society believes there is a need for joined up thinking across the entire process.

A recent report of the HM Crown Prosecutions Service Inspectorate in London found that operational aspects of CPS in London had been adversely affected by initiative overload.

Law Society president, Robert Heslett said:

“The defence solicitor is the only person, other than the victim and the defendant, involved in the process from its beginning at the police station, through to trial and possible appeal. Drawing on the expertise of solicitors, the government could take positive steps towards curbing the extent of wasteful practices in the criminal justice system."

“We are asking political parties to commit to establishing a Criminal Justice Practitioner Review Board which would have the power to review, in advance of public consultation, all ideas for changes to and reform of the criminal justice process. This would bring to bear the insight and experience of those most closely involved in delivering justice and could secure rapid and far-reaching improvements to the system."

Robert Heslett continued:

"The Board should be comprised of practitioners actually working in the system, such as senior crown prosecutors, magistrates, district judges, resident judges, defence solicitors and barristers. Ideally, members of this Board will have relevant and contemporaneous experience of working at the front line of criminal justice. At present, the expertise, independence and integrity of members of the solicitors’ profession working in the field of criminal law is not being taken into account."