Proposals that could enable ‘associate prosecutors’ with no legal qualifications to conduct magistrates’ court trials amount to ‘justice on the cheap’ and herald the ‘de-lawyering’ of the magistrates’ court, solicitors have warned.
The Institute of Legal Executives (ILEX) is consulting on proposals to grant associate prosecutors extended rights of audience and to conduct litigation in summary-only cases in the magistrates’ court, and in limited circumstances in the Crown court.
The power to confer these rights on associated prosecutors currently rests with the director of public prosecutions, but from May 2011 will transfer to ILEX if its application to the Legal Services Board enabling it to grant rights of audience in litigation is successful.
Associate prosecutors (formerly called designated case workers) require no legal training and were introduced by the Crown Prosecution Service in 1998 to conduct a limited range of straightforward uncontested hearings. In 2007 their powers were extended to conduct trials for lesser offences. The then DPP, Sir Ken Macdonald QC said he could not imagine any situation where the caseworkers would be entrusted to handle cases where the defendant might go to prison.
The present consultation would pave the way for associate prosecutors, who since 2008 have been regulated by ILEX Professional Standards (IPS), to prosecute all summary-only cases, including youth court matters.
Tim O’Sullivan, a Crown prosecutor and member of the Law Society’s criminal law committee, said the eligibility criteria for associate prosecutors, who require no academic or legal qualifications, gave rise to ‘serious concerns’ for the quality of justice and potential for miscarriages of justice.
‘On public interest and interest of justice grounds there is no justification for this – it’s merely a case of introducing justice on the cheap,’ he said.
He added: ‘We’re rapidly approaching the de-lawyering of the magistrates’ court, as fewer defendants are represented and the Courts Service is piloting the replacement of legally qualified clerks with unqualified note takers. An individual could be wrongly convicted and imprisoned without a single qualified lawyer in court.’
Law Society policy director Mark Stobbs said he was concerned that the proposals were designed to save money rather than serve the interests of justice. He said the Society would respond to the consultation and may lobby the Legal Services Board on the issue.
IPS chief executive Ian Watson said the standard was sufficient to ensure competence.
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