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Provision of legal services - Criminal Defence Service

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Criminal Defence Service

The Criminal Defence Service (CDS), administered by the Legal Services Commission replaced the old system of criminal legal aid on 2 April 2001.

 

The purpose of the CDS is to ensure that people suspected or accused of a crime have access to advice, assistance and representation, as the interests of justice require.

 

General Criminal Contracts

Private practice solicitors are only be able to carry out criminal defence work funded by the Commission if they have a General Criminal Contract.

 

Firms are audited against the Contract to ensure they continue to meet quality assurance standards.

 

The CDS logo is a mark of quality and is displayed in the window of contracted solicitors offices.

 

Levels of service

1. Advice and Assistance covers advice and assistance on criminal matters

2. Advocacy Assistance covers some advice and representation at court

3. Representation for criminal offences under the general guidance of the 'Lord Chancellor and Secretary of State for Justice'

 

The Public Defender Service

Public defenders

Since May 2001, the Commission directly employs a number of criminal defence lawyers, known as public defenders, initially at six pilot sites in England and Wales. The public defenders are able to provide any of the services in exactly the same way as lawyers in private practice.

 

Mixed results for the new PDS

An impartial research team found that the PDS provides a better quality of service overall than private practice.

 

However, the LSC proposes to close Birmingham, Chester and Liverpool PDS offices. They all operate in areas with ample alternative Criminal Defence Service supply, which is likely to be why they did not capture enough of the work to give value for money.

 

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