*/
Three QCs have so far joined the Public Defender Service (PDS) amid claims that the Ministry of Justice is attempting to replace the independent Bar. Gregory Bull QC, former leader of the Wales and Chester Circuit and Alun Jenkins QC, former head of chambers at Queen Square, Bristol, join David Aubrey QC who in March takes up his appointment as Head of Advocacy to “lead the development of the PDS’s existing team of advocates”.
Salaries have been offered by the PDS in the range of £46,036 to £125,000 gross, including pension rights and paid leave. The recruitment drive aims to “enhance its advocacy capability, including its ability to conduct VHCCs”.
The Criminal Bar Association has expressed its concern that the Ministry’s expansion of the PDS is an attempt to “bust what they see as a strike”, that is, the refusal of criminal barristers in self-employed practice to undertake Very High Cost Cases (VHCC) under the new rates.
In January the Legal Aid Agency declassified some VHCC cases to graduated fee cases, claiming that the cases no longer met the VHCC criteria, but the move was seen by many as an attempt to circumvent the boycott by barristers. In R v Crawley and others, Judge Leonard QC was told at Southwark Crown Court that no barrister could be found to take the case, although 70 chambers had been approached.
Attorney General Dominic Grieve QC MP had warned at the Bar Council’s annual conference in November last year that the Ministry would “look elsewhere” if criminal barristers refused cases at the new rates.
CBA Chairman Nigel Lithman QC said: “The Government has shown such contempt for the independent criminal Bar that they are prepared to set up a group of employed barristers to replace them. Suddenly the Government has found money to pay them.”
A Minstry spokesperson said: “The PDS has been in place for 10 years. We are advertising for a small number of advocates to provide additional resource, in addition to those already recruited. The public would expect us to take steps to ensure the PDS can provide high quality defence advocacy where it needs to – and that is what we are doing. We place a high value on the independent criminal Bar and will continue to maintain that position.”
The PDS was set up in 2001 as a criminal defence pilot modelled on a solicitors firm. Academic research, commissioned in 2000 by the Legal Services Commission and completed in 2006, found that the service was significantly more expensive to run than local private practice, but scored well on quality assessment. Since that time, according to Transforming Legal Aid: Next Steps, “the PDS has made a number of changes to the way it delivers its service and the way it is structured to ensure it remains cost effective” and it was important to maintain the service as a benchmarking aid and a “safeguard against market failure”.
The PDS has four offices in Cheltenham, Darlington, Pontypridd and Swansea.
The Criminal Bar Association has expressed its concern that the Ministry’s expansion of the PDS is an attempt to “bust what they see as a strike”, that is, the refusal of criminal barristers in self-employed practice to undertake Very High Cost Cases (VHCC) under the new rates.
In January the Legal Aid Agency declassified some VHCC cases to graduated fee cases, claiming that the cases no longer met the VHCC criteria, but the move was seen by many as an attempt to circumvent the boycott by barristers. In R v Crawley and others, Judge Leonard QC was told at Southwark Crown Court that no barrister could be found to take the case, although 70 chambers had been approached.
Attorney General Dominic Grieve QC MP had warned at the Bar Council’s annual conference in November last year that the Ministry would “look elsewhere” if criminal barristers refused cases at the new rates.
CBA Chairman Nigel Lithman QC said: “The Government has shown such contempt for the independent criminal Bar that they are prepared to set up a group of employed barristers to replace them. Suddenly the Government has found money to pay them.”
A Minstry spokesperson said: “The PDS has been in place for 10 years. We are advertising for a small number of advocates to provide additional resource, in addition to those already recruited. The public would expect us to take steps to ensure the PDS can provide high quality defence advocacy where it needs to – and that is what we are doing. We place a high value on the independent criminal Bar and will continue to maintain that position.”
The PDS was set up in 2001 as a criminal defence pilot modelled on a solicitors firm. Academic research, commissioned in 2000 by the Legal Services Commission and completed in 2006, found that the service was significantly more expensive to run than local private practice, but scored well on quality assessment. Since that time, according to Transforming Legal Aid: Next Steps, “the PDS has made a number of changes to the way it delivers its service and the way it is structured to ensure it remains cost effective” and it was important to maintain the service as a benchmarking aid and a “safeguard against market failure”.
The PDS has four offices in Cheltenham, Darlington, Pontypridd and Swansea.
Three QCs have so far joined the Public Defender Service (PDS) amid claims that the Ministry of Justice is attempting to replace the independent Bar. Gregory Bull QC, former leader of the Wales and Chester Circuit and Alun Jenkins QC, former head of chambers at Queen Square, Bristol, join David Aubrey QC who in March takes up his appointment as Head of Advocacy to “lead the development of the PDS’s existing team of advocates”.
Salaries have been offered by the PDS in the range of £46,036 to £125,000 gross, including pension rights and paid leave. The recruitment drive aims to “enhance its advocacy capability, including its ability to conduct VHCCs”.
Sam Townend KC explains the Bar Council’s efforts towards ensuring a bright future for the profession
Giovanni D’Avola explores the issue of over-citation of unreported cases and the ‘added value’ elements of a law report
Louise Crush explores the key points and opportunities for tax efficiency
Westgate Wealth Management Ltd is a Partner Practice of FTSE 100 company St. James’s Place – one of the top UK Wealth Management firms. We offer a holistic service of distinct quality, integrity, and excellence with the aim to build a professional and valuable relationship with our clients, helping to provide them with security now, prosperity in the future and the highest standard of service in all of our dealings.
Is now the time to review your financial position, having reached a career milestone? asks Louise Crush
If you were to host a dinner party with 10 guests, and you asked them to explain what financial planning is and how it differs to financial advice, you’d receive 10 different answers. The variety of answers highlights the ongoing need to clarify and promote the value of financial planning.
Most of us like to think we would risk our career in order to meet our ethical obligations, so why have so many lawyers failed to hold the line? asks Flora Page
If your current practice environment is bringing you down, seek a new one. However daunting the change, it will be worth it, says Anon Barrister
Creating advocacy opportunities for juniors is now the expectation but not always easy to put into effect. Tom Mitcheson KC distils developing best practice from the Patents Court initiative already bearing fruit
Sam Townend KC explains the Bar Council’s efforts towards ensuring a bright future for the profession
National courts are now running the bulk of the world’s war crimes cases and corporate prosecutions are part of this growing trend, reports Chris Stephen
