The issues include:
- funding upgrades to practitioners' IT equipment
- meeting the printing costs of paper copies for clients
- sending electronic copies to clients securely
- the provision of IT infrastructure in courts and prisons; and
- ensuring the Legal Services Commission (LSC) funding provisions allow digitally served prosecution evidence to be taken into account in determining the correct fee, and urging the LSC to allow legal aid applications to be made digitally
The Law Society's view is that until these issues are resolved satisfactorily, criminal justice practitioners are facing financial and regulatory risks in preparing for digital working.
Read a Gazette article on the current position
How we are seeking to resolve these issues
The chair of the Law Society's Criminal Law Committee, the director of the Criminal Law Solicitors' Association and the president of the London Criminal Courts Solicitors' Association are meeting fortnightly with Peter Lewis, in his capacity as chair of the Criminal Justice System Efficiency Board. The purpose is to work through the implications of digital working and publish information on progress.
This National Defence Steering Group is making progress in addressing issues of concern to defence practitioners. Many practitioners have already signed up to the use of Secure eMail. However, it is appreciated that more practitioners want to try using secure email but may be discouraged from doing so if registration is taken as consent to receipt of service of all digital evidence.
The CPS recognises this concern and has therefore agreed that where defence practitioners have a Secure eMail address the CPS will only deem formal service by the use of that Secure eMail address having first obtained the address holders written consent.
Information about the programme and FAQs - MoJ website
By regularly visiting this link you will be able to monitor developments.
New PSI on use of digital equipment
The National Offender Management Service (NOMS) has published its newly amended Prison Service Instruction (PSI), which has been changed significantly to authorise solicitors to take their own IT equipment into prisons and work digitally with their clients. Following our discussions, the Law Society is pleased that progress is being made to accommodate the needs of solicitors.
Read the PSI 'Conveyance and Possession of Prohibited Items and other Related Offences' (Word 500kb)
(See paragraphs 5.19-5.28 and annex 2 section B)
If you experience difficulties with an individual prison or court cell custodian and wish to complain, please contact Law Society policy adviser Janet Arkinstall or our Practice Advice Service for details of the regional or area manager for NOMS or the cell custody contractor.
Background
A target has been set by ministers for the CJS to become digital. The first milestone is April this year, by which time processes need to be in place for the preparation and use of a digital case file. This will be jointly produced, used and owned by the core CJS agencies, who are fully committed to this target.
The April milestone sets the foundations for full digital working where paper is the exception, rather than the rule, across the criminal justice process.
How does this fit with T3?
T3 was an internal CPS programme of work, which is now being taken forward as part of the wider CJS Efficiency Programme. This new programme will introduce digital working and the increased use of video technology.