HAMLYN - College of Social Sciences and International Studies ...

Criminal Justice
management were to be applied to criminal cases before they
have been properly tested. Obviously there will not be time for
the inquiry to undertake or to commission research, but one
hopes that at least any recommendations are piloted before
being implemented unlike with the Woolf reforms.
Another impending controversial development is the introduction
of state salaried defence lawyers as part of the new
Criminal Defence Service under the Access to Justice Act 1999.1
agree with those who believe that this could result in lower
quality defence work though, as has been said, the present
average level is unfortunately already not as high as it should
be. But everything will depend on the way in which the new
public defender service is set up—including, of course, the level
of its funding and even more its staffing and leadership and
whether it can build up a reputation for independence and good
quality work. There are examples of high quality public
defender services in other jurisdictions. It can be done. It should
be done. As to whether it will be done, time alone will tell. I
have to say that I incline to the pessimistic rather than to the
optimistic view. 80
If the Crown Prosecution Service is any indication of the likely
quality of work by state salaried defence lawyers the omens are
worrying. The recent Glidewell Report on the CPS gave a
gloomy assessment:
"The CPS is not seen generally as providing an attractive career
opportunity nor, overall, do CPS lawyers seem to be held in as high
professional regard as they and we would wish . . . " 81
and
"Overall the CPS has not succeeded in attracting enough lawyers
with the skills and weight of experience which it needs, both to do its
job properly and to establish a reputation for excellence . . . " 82
It would be most unfortunate if the new Criminal Defence
Service were to acquire a similar reputation.
80 For a helpful discussion of the issues in light of Canadian experience, see D.
O'Brien and J. Epp, "Salaried Defenders and the Access to Justice Act 1999",
M.L.R., May 2000 (forthcoming).
81 Review of the Crown Prosecution Service, Cm. 3960 (1998), p. 176, para. 13.
82 ibid., p. 177, para. 14.
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