Frances Gibb, Legal Editor
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Plans are due to go ahead for thousands of trials a year to be prosecuted by non-lawyers, even though the paralegals themselves say that they are insufficiently trained, The Times has learnt.
An internal survey for the Crown Prosecution Service has found that only half the 400 paralegals who will take on the contested — or “not guilty” — trials felt that they had had enough training. A third said that they were under pressure to do court work that fell beyond their abilities.
The draft findings come amid growing concerns about the impact of government cost-cutting on the standards of criminal justice, including the use of junior barristers to defend some of the country’s most high-profile criminal trials.
Hundreds of experienced barristers have already refused to sign-up to proposed cuts in their fees when defending weighty trials such as those involving terrorism, murder and rape.
Only 130 of 2,300 barristers in England and Wales have agreed to a panel that would handle complex trials on new rates of pay, starting at £91 an hour.
Junior barristers will be left to fill the breach. The Legal Services Commission, which runs the £2 billion legal aid scheme, has put the Bar on notice that it plans to allow solicitors to instruct non-panel barristers to do the complex cases if an insufficient number of barristers sign-up.
The row over both barristers’ fees and the use of paralegals is threatening to disrupt the running of criminal courts and has put the profession at loggerheads with the Government.
Both the Bar and the Law Society of England and Wales say that standards in the courts will be undermined by the funding squeeze, which ministers claim is essential for better use of taxpayers’ money.
At present the paralegals — “designated case workers” in the Crown Prosecution Service — have power to conduct a limited range of simple cases where defendants plead guilty, chiefly road traffic offences.
But Clause 58 of the Criminal Justice and Immigration Bill now going through Parliament widens their powers to conduct “not guilty” cases, subject to approval by the Director of Public Prosecutions.
This will allow some 400 CPS staff without legal qualifications to conduct a wide range of “not guilty” trials in magistrates’ courts, including those involving theft, assault, applications for bail and antisocial behaviour orders.
The draft report on paralegals, prepared for the CPS, says: “It is of serious concern that varying levels of pressure are being placed on individual DWCs [designated case workers] by courts and other parties to act outside their remit, although in the overwhelming majority of instances this has been successfully resisted.”
The report emphasises that the return rate was low, at 29 per cent, and that the findings should therefore be treated with care.
The CPS strongly rejected the suggestion that case workers felt undertrained. A spokeswoman said: “DCWs are, as a group, highly regarded by magistrates and do an excellent job.”
She added that the CPS was already conducting a comprehensive review of its training of case workers and had agreed in principle to work with the Institute of Legal Executives to accredit that training programme.
Tim Dutton, QC, chairman of the Bar Council, said: “It is vital that the prosecution of cases is not delegated to lay people who are not properly qualified. Designated case workers cannot owe the same duty to the court as a barrister or solicitor. We are currently discussing these issues with the Government and hope that a satisfactory outcome can be reached.”
On the Bar pay dispute he said that he had written to the Ministry of Justice and the Legal Services Commission to point out the “adverse consequences of their actions for justice and the taxpayer”.
The Bar is pressing for a fee scheme based on work turned out, rather than an hourly rate that created “a perverse incentive to work as many hours as possible”, he said.
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I am shocked by some of the comments that have been posted. Working in Criminal Litigation is not the easiest way to earn a living.I completed the Legal Practice Course in June of last year and now owe over £26,000 for the postgraduate year alone. I will be almost 30 by the time I can call my wages my own. Law is not an easy option, it is not a fast route to the nice car and exspensive house. Barristers should get paid their worth as should solictors and this include trainess.
My advice to everyone "having their say" is unless you actually work in criminal law and fully appreciate the values and complexities of the system then don't have your say. An opinion for the sake of one devalues the level of dedication it has taken to get this far. Barristers do not decide to enter the law on a whim. They should be paid their worth.
Gemma, Cheltenham,
Hi Tony Jones and Nicola Clubb,
When they foreclose on your mortgage who you gonna call errrr Ghost Busters? Errrrm on Legal Aid ?
Never mind you can always go on benefits. And when the state refuse them or reduce them who you gonna call....?
Never mind, Debt Advice? I am sure your bank will do that for you and there will be no conflict of interest.
Well.....
Alistairs Solicitors, Bristol, UK
Jones and Clubb demonstrate remarkable ignorance criticising the fees earned by members of the Bar. Student needs to take out loans of around £50,000 to fund themselves through their Law degree/Graduate Diploma of Law, then Bar Vocational Course, then Pupillage (on-the-job training). Barristers must fund pensions, health care, holidays, considerable chambers fees, travel costs, and many other expenses, from their income. The *criminal* Bar is extremely poorly paid. All the money is in commerical sets (because they are instructed by companies who pay market rates). This is not a job which the 'gifted amateur' can do. The country risks sleep-walking into a situation in which, through ignorance and inverse snobbery, only rich defendants can afford justice.
As to tanker21's comments, the Bar is competitive. The 'statistically illiterate' should not be surprised at not getting pupillages. For more info see
http://www.barcouncil.org.uk/news/TheEntrytotheBarWorkingPartyFinalReport/
Ross (not a lawyer), London,
This is a simple and black and white issue. It does criminal justice a disservice when people such as Tony Jones are rude without understanding the issues at stake. Equally, Nicola Chubb does not seem to understand that £91 an hour is an extremely low wage, particularly given the experience and skills of barristers conducting such matters, and their liabilities.
The government is in the process of tearing apart the world's leading criminal justice system. The promotion of the unqualified and erradication of the independent bar will see the standard of advocacy and quality of justice plummet. I can assure Ms. Chubb and Mr. Jones that the number of 'fat cat' barristers could be counted on the fingers of one hand. The overwhelming majority of criminal barristers work extremely hard, often long into the night, preparing the effective delivery of their cases: The earlier competent counsel is instructed in a case of reasonable complexity, the more money will be saved.
Simon Rippon, birmingham, UK
£91 an hour is not what most barristers receive. The scheme pays junior barristers £62 per hour for preparation, but £126 to £252 a day during trials when you can work 12 hour days. Barristers are self-employed. From these fees they pay for their offices, staff, legal texts and insurances. They have no holiday pay or pensions. There is no job security. There may not work everyday. The competition is cut throat. A poor performance in court today means no work tomorrow. A barrister takes on these risks and provides an important public service, without which there would be no law and order. A highly skilled barrister with 20 years experience doing the most difficult cases can take home less than a decorator. I recently refused a decorating quote which was more than I would be paid to prosecute or defend a murder. Paying low fees which do not attract able barristers is a false economy as other costs will rise as cases take longer in court and there are more miscarriages of justice.
William Baker, Manchester,
Cheer up Ann. If your legal training has cost you and your husband only 'tens of thousands of pounds' you won't have to wait 'many years' to recoup it bearing in mind how much you will be able to charge when you are qualified About two should do the job.
I trust you will be proud to join the most despised profession in the country after politics. (Sorry, but I don't regard estate agency as a profession.?
Tony Jones, Grantham, Lincs
Twice the Barristers necessary practice for the amount of work. Woolf should have made it easier to commence and fund proceedings. In reality the DJ's are not smoothing the passage of suits through the system, the Small Claims Court is often viewed with contempt and the Costs Judges are not reducing costs. With so many litigants now not issuing and not going to Court, the need for the numbers at the Bar has decreased. So what to do? Put up costs to make the exercise even more expensive. Very sensible to me if also a little ironic.
It is not true that DCWs lack the knowledge or experience. After all they may spend most of their time on one narrow area. Do we say that a Tax Barrister has litle advocacy experience because they may go into Court twice a year?
Barristers and Solicitors must understand there is competition out there, spend some time training new entrants and make Advocacy the subject of a separate tough, examined and specialised college within the Law Society.
Alistairs Solicitors, Bristol, UK
In response to Allan, criminal solicitors are paid significantly less than police officers and do not have their training paid for my the taxpayer. Not to mention that the police will be getting a pay rise this year unlike solicitors who once again will be getting pay cuts.
Why is the CPS increasing the role of DCWs when it could be taking on more trainees. Trainee solicitors are paid less than DCWs and would provide the CPS with a long term cost effective solution.
At a time whenthere are more and more trainees and pupils without jobs that DCWs are being increasingly relied on.
Chris, Hereford, UK
I remember in the late 60's and early 70's prosecuting my own cases in magistrates courts whilst a police constable in the Met. I dont remember my exact pay rate then but you can be sure it was considerably less than any solicitor or barrister. Later, in West Mercia, there were Police Inspectors doing it, again their pay rates didnt match those of the legal profession by a long way. Perhaps they have cut their own throats with their charges in recent decades, and of course there is also the business of spinning the job out for as long as you can, thereby blocking the court system etc. No sympathy here chaps, try jumping ship into the corrupt House of Conmen where a lot of your colleagues are slurping at the trough.
allan, Worcester, uk
Some of the blame should lie with the Bar Council for their restrictive practices.
My daughter is a qualified barrister but cannot practice because there are insufficient places for the required year of "pupillage" ie work experience and shadowing a practising barrister. As a result she has abandoned the law - as do 50% of people emerging from the Bar Vocational Course each year.
I suspect that if the rules were changed so that working with CPS for a few years entitled one to practice, she would jump at the chance. However I don't see her becoming a DCW in a hurry.
tanker21, Stevenage,
I am nearing the end of a long route to qualification as a solicitor and do mostly criminal work. My husband has just finished his pupillage as a barrister and in total it has cost us tens of thousands of pounds and it will be years before we can "reap the rewards". We both chose these jobs and in particular criminal law not for the money(!) but because we enjoy the work.
It now makes me wonder why I bothered - I could work for the CPS as a caseworker and do the same job. It makes a mockery of the long process that trainee solicitors and barrister have to go through to qualify.
Ann, Bristol,
Its also worth pointing out that this is the rate for the most complex and serious cases where there is the most at stake for the public and the defendant. You would pay a 1 year qualified solicitor in London undertaking a normal commercial transaction well over twice the hourly rate for their work than you would for a QC prosecuting or defending in a murder case. If the cuts continue you will see more and more cases prosecuted by the CPS, which is, despite their claims (and notably never the claims of the police, bar or defence solicitors), the quickest route to increased acquittal rates and successful appeals.
Peter, London,
Local authorities have used in-house paralegals for their work before a Magistrates' Court for many years, including not guilty trials for offences which can carry sentences of imprisonment and many of which are triable either way. The problem is not with the fact they are paralegals but with the quality of their training and their own levels of confidence/skill. I have never heard it suggested that these local government employees have had any difficulties with their duty to the court! I currently work before the International Criminal Tribunal for the Former Yugoslavia where many Counsel appearing before the court including the Appeals Chamber have no formal professional legal qualifications, but of course are graduates with other appropriate experience. This does not necessarily make them good advocates.
Paul Rogers, The Hague, Netherlands
your article fails to make clear that a junior barrister simply means one who is not a Q.C ans that many junior barristers can
have 30 years of experience or more
puting so-called paralegals up against experienced advocates means that the former willl simply lose and the police will go spare
peter codner, devizes, england
Just to put the hourly rate into perspective I am quoted £92 p.h (plus V.A.T) as a mechanics rate for working on a Mercedes Benz in the East Midlands.
Robert, Northamptonshire.
Robert Hawkes, Wellingborough, Northants.
This can be extrapolated to medicine as well where nurses are now doing tasks previously performed by doctors and sometimes outside the remit of their training.
The government is cost cutting in every professional area.
The sooner this government is gone the better for the country!
Cameron, London, UK
£91 per hour!!!!!!! and that's after a pay squeeze. I'm in the wrong profession.
Having a degree and being qualified for work in a court room should not give the people the right to charge that amount of money.
If i had a degree i wouldn't want that much. that is like saying being legally trained and your laughing all the way to the bank.
Nicola Clubb, Bournemouth,
The figures in your report are not entirely accurate - the rate for barristers under the proposed deal for complex cases is £91 for QCs. Junior barristers will get paid far less, and are being asked to accept a significant cut in rates when those rates have not been increased (even in line with inflation) since 1996.
Peter, London,
I had always thought that under English law an individual could choose to represent themself in court, but otherwise required a "recognised" solicitor or barrister to do it for them. Am I wrong?
MikeM, St. Albans, England
So we have 'teaching assistants' delivering lessons for which they are untrained, Police Community Support Officers doing police work for which they are untrained and now 'paralegals' doing legal work for which they are untrained. In each of these cases the 'assistant' was supposed to support the professional by performing admin tasks, but in each case the roles seem to have been perversely reversed, largely due to government tampering with things they nothing about. Incredible but true!
Stephen Cavender, BEDFORD, Bedfordshire
Another mess caused by this incompetent Labour Government. When oh when will we be rid of them ?.Soon I hope.
Simon, London, UK