Inefficient criminal
justice system is wasting public money amid savage legal aid cuts
says Law Society
The government could save
9 million a year in legal aid alone by improving efficiency
in the wasteful criminal justice system according to a Law Society
report.
Basic failures in the system are
costing the tax-payer unnecessary millions every year, but by
making some simple changes, these wasteful practices could be
greatly reduced.
As well as legal aid, additional
savings could also be found in court and CPS (Crown Prosecution
Service) costs if these efficiencies were made.
The Law Society is now calling
on the Ministry of Justice and David Cameron to acknowledge the
Society's proposed savings and to think costs, not cuts.
The Law Society report launched
on Wednesday; 'Improving Efficiency in the Criminal Justice System'
recommends the following changes:
- Improved communication between
defence solicitors and CPS staff, so that cases can be prepared
prior to court hearings.
- Simplified trial preparation
forms.
- Electronic legal aid
applications.
- Use of shared computer servers
to view evidence.
- Defence solicitor access to
technology such as mobile phones and computers.
- Improved prison visiting
arrangements for defence solicitors - such as longer professional
visiting time.
The Law Society is confident
that, if implemented, these changes will, in addition to the
savings to the legal aid fund, generate significant savings for all
the agencies who participate in the criminal justice
system.
While it is difficult to
estimate the quantity of the savings the changes could generate, in
its response the Ministry of Justice Green Paper on proposals for
the reform of legal aid in England and Wales the Law Society
conservatively estimated that 9 million per annum could be
saved to the legal aid fund alone by reducing waste.
This figure is based on cutting
out one unnecessary delay or adjournment caused by a non-defence
failure in the system, in half of all legally aided cases (based on
approximately 450,000 cases per year, with each wasted hearing
costing about 40).
There would be additional
savings for other agencies, such as the CPS and the Court
Service. The Society is aware of, for example, the changes
the CPS are investigating to meet their own demanding budget
reductions.
Law Society chief executive
Desmond Hudson urged the government to consider the Society's
alternative savings proposals.
'We have clearly and concisely
outlined here how the government could save 9 million pounds
and greatly improve the entire criminal justice system at the same
time.
“Instead of cutting
10 million by abolishing clinical negligence claims from
legal aid, as outlined in the MOJ's recent impact assessment, why
not make the savings elsewhere, by improving efficiency? Preventing
claimants who have suffered injury due to the negligence of others
from seeking compensation is short sighted and erodes access to
justice, yet our suggestions will save the government millions and
positively improves the system.”
The Law Society recognises that
in the current economic climate, savings and efficiencies need to
be made but we don't agree that the way to achieve it is to cut
legal aid from up to 725,000 cases a year. We have shown that
alternative savings of 384m ( 34m in excess of those
being sought) can be achieved while still protecting access to
justice.
Ends
Notes to editors
Journalists, for more
information, please contact Rebecca Kiernan, Law Society press
office on 020 7316 5592.