header-logo header-logo

09 June 2021
Issue: 7936 / Categories: Legal News , Disclosure , Criminal , Procedure & practice
printer mail-detail

Preliminary work to go unpaid under pre-charge scheme

Lawyers’ groups have called on the Lord Chancellor to think again on early disclosure plans in criminal investigations or risk them failing before they even begin.

The pre-charge engagement scheme, which came into force this week, is a voluntary process between parties to an investigation which can take place at any time after first interview under caution and before the suspect is formally charged.

Its purpose is to make it easier for the defendant or their solicitor to bring information that may assist their case to the attention of police and prosecutors so that cases can be dropped quickly, if it is appropriate to do so. The scheme can be initiated by an investigator, prosecutor, suspect or suspect’s representative.

However, no fewer than ten groups have written to the Lord Chancellor, Robert Buckland QC, warning that restrictions on payments to solicitors for taking part could scupper the scheme before it gets off the ground. The groups include the Criminal Law Solicitors’ Association, Black Solicitors Network, London Criminal Court Solicitors’ Association, Legal Aid Practitioners Group and the Law Society.

‘The rationale for this scheme is sound but defence solicitors were assured they would be paid for the additional work it entails,’ said Law Society president I Stephanie Boyce.

‘That work necessarily includes getting instructions from the client, examining relevant evidence and advising the client whether or not to take part in pre-charge engagement. However, solicitors will not be paid for this preliminary work as, under the scheme the Ministry of Justice has devised, payments will only kick in if and when they begin engaging with police or prosecutors, and only for work done after that point.

‘Opportunities to save money by bringing cases to an early close will inevitably be missed because hard-pressed defence practitioners simply cannot take on even more unpaid work. This would have adverse financial consequences for the police, prosecutors and the overburdened courts.’

The letter also highlights the low hourly rates for defence practitioners in the new scheme―£51.28 in London and £47.45 outside London.

Boyce called on ministers to ‘substantially’ raise the rate and pay solicitors for advising suspects on the scheme.

MOVERS & SHAKERS

Haynes Boone—Louise Woods

Haynes Boone—Louise Woods

Haynes Boone expands global capabilities with addition of Louise Woods as chair of international disputes

DWF—John Gilfedder

DWF—John Gilfedder

DWF strengthens Global Risks practice with strategic hire of aviation partner in London

Shakespeare Martineau—10 newly qualified solicitors

Shakespeare Martineau—10 newly qualified solicitors

Shakespeare Martineau appoints newly qualified solicitors

NEWS
The Thirlwall Inquiry has exposed a ‘complete failure’ to protect babies at the Countess of Chester Hospital, but its recommendations must now be put into practice
Developers in areas with poorly performing councils can apply directly to the Planning Inspectorate for permission under section 62A of the Town and Country Planning Act 1990
MPs cannot simply resign their Commons seats. Instead, they take a nominal Crown office, usually the Chiltern Hundreds or Manor of Northstead, which disqualifies them from sitting
A divorced woman has secured funding to participate in her former husband’s inquest after the Legal Aid Agency reconsidered repeated refusals
When does a solicitor’s retainer become a contentious business agreement? The Court of Appeal’s decision in Broadfield Law UK LLP v Barnes shows that listing hourly rates alone will not do, leaving firms and clients uncertain about their rights over bills
back-to-top-scroll