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Barristers begin an offensive today over plans to allow non-lawyers to conduct magistrates’ courts trials.
The Bar Council, which represents barristers in England and Wales, is urging peers to oppose a key provision of the Criminal Justice and Immigration Bill, which is being considered in the Lords.
The Law Society, on behalf of solicitors in England and Wales, is also opposed to measures that extend the powers of nonlegal Crown Prosecution Service staff (designated case-workers) to conduct cases before magistrates including minor assaults, driving offences and theft.
Sir Ken Macdonald, the Director of Public Prosecutions, says the move will free CPS lawyers to concentrate on Crown Court cases. But barristers and solicitors fear that case workers will not be properly trained and standards will be put at risk.
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I'm a law student who worked voluntarily for The Witness Service during 2005/6. From what I saw, the regular, daily prosecutors (or CPS 'agents') were a bunch of jaded, dispassionate people, happy to "do thier part" and "earn their crust" - nothing more.
Rarely, I'd get to see a BARRISTER in action (always defending) and on those occasions, the sheer quality of advocacy displayed was, in comparison to the CPS agent, always amazing.
Barristers are advocacy specialists. Justice demands exceptional advocacy in courtrooms....... not jaded "crust-earners."
Richard Augustine Murtagh, Birmingham, UK
Adam, I suppose it does not matter so much if the case is lost when someone is prosecuted by the local authroty for overfilling their bin. If someone is being prosecuted for an assault then it matters a great deal to both the victim and the defendant to ensure that everything is done right.
Stephen, Manchester,
I don't see the problem as this has always been the case with local authority prosecutions, trading standards and the HSE. So I fail to see how this will alter much other than Law Society and Bar Council practising fees.
Adam , Crewe, Cheshire