Lawyers stunned as Irvine unveils reforms

A NEW "criminal defence service" with state-approved lawyers, paid for by the Government, is to be set up to represent people who cannot afford legal fees, as part of a massive shake-up of the justice system. The plans will be announced in the Queen's Speech this week.

Lord Irvine, the Lord Chancellor, is planning to abolish the existing system of criminal legal aid and pay a list of authorised lawyers to do defence work instead. In the longer term, he would like to see these private sector contracts complemented by full-time US-style "public defenders".

The reforms, expected to be included in an Access to Justice Bill, are far more wide-ranging than had been expected and represent the biggest shake-up since legal aid was introduced nearly half a century ago. The introduction of a criminal defence service - which would mirror the Crown Prosecution Service - also raises fundamental questions about the independence of lawyers and the rights of defendants. It will be fiercely resisted by the Law Lords who fear it could compromise the judiciary

Lord Ackner said yesterday: "This will lead to a lack of independence and make it very difficult in future to have a pool of independent lawyers from whom to choose your judges."

Britain's 4,500 criminal barristers, who face a dramatic loss in earnings, will react furiously to the proposals. The criminal defence service is likely to sign contracts with solicitors who will be able - but not obliged - to sub-contract to barristers. The Government is also planning to give solicitors equal rights to speak in the higher courts.

Under the new system, the state will still fund the defence of any suspected criminal who cannot afford legal fees if, as now, the court decides it is in the interests of justice. But defendants will be forced to choose their lawyer from the authorised list. Those lawyers will be given block contracts to carry out public work. At present they submit bills after completing a case and charge according to the amount of time they have spent on it.

The extent of the reforms will come as a surprise to many lawyers: until now the proposals were expected to focus exclusively on civil legal aid.

Lord Irvine believes the changes will offer defendants a high quality service and represent better value for money. Criminal legal aid cost pounds 733m last year and although the number of cases has gone up by just 10 per cent since 1992-93, total costs have risen by 44 per cent in the same period. The Lord Chancellor was shocked to discover that 46 per cent of the legal aid budget was spent on 1 per cent of cases last year, and has on several occasions expressed concern about "fat cat" lawyers creaming off hefty fees for legal aid work.

But a spokesman for the Bar Council warned that moving to a public defender system would be an "extreme calamity". Lawyers would have to compete to win contracts and this could act as a disincentive for them to take on controversial cases, such as alleged miscarriages of justice. "This is establishing a crony culture under which lawyers will be encouraged to ingratiate themselves to get on the list."

Brian Barker of the Criminal Bar Association warned that "clients could suffer" if the choice of defence lawyers available to them was reduced.

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