Friday, January 27, 2012

Ministry of Justice and the CPS, are they wasting money?

The Ministry of Justice having cut legal aid fees to unreasonable levels and closing Magistrates' Courts has apparently blown about £43 MILLION on consultants!  Why?  On its website the MoJ boasts of being one of the largest Government departments.  So my question is does the MoJ not have the personnel in its department to give it the advice it needs?  So having save some £22 million from closing courts it wastes it on outside help.
Next, the Miserly of Justice having thought what a jolly idea to pass responsibility for payment of legal aid fees to the Legal Services Commission failed to ensure there were enough staff there to continue to pay graduated fees in Crown Court cases with in the 28 days that had been in force.  Obviously, someone there must have thought what a jolly wheeze to delay payments so that the Department kept the money in its coffers for a bit longer.  So now the delay in payments is up to and often in excess of 8 weeks!  This the causing considerable hardship to very many advocates and firms of solicitors.  This system has been in force for a year with absolutely no sign of improvement.
So will this change soon?  Well there is the EU Late Payment Directive which comes into force in 2013 that has an EU-wide  deadline of 30 days for payment.  The Government had said it was to fast-track this to 2012 but then reneged on it. There's a surprise! Mr Prisk, the Business Minister, has said that he wants to re-form the Late Payment Working Group to review payment performance in the UK economy.  Well I suggest that he starts with the MoJ  and the LSC.  They could so with a kick up the proverbial.
Oh and by the way did you know there is a Court Fund Office for England and Wales?  To save money no doubt it has been moved -  out of the jurisdiction, though not offshore, though it could be if Salmond get his way - its gone to Glasgow!
The CPS.  Did you go to the paperless service of case papers lecture in Middle Temple Hall.  This system is coming into effect in April- May 2012.  Has it been thought through?  Doesn't seem so.  How does an unrepresented defendant get the papers.?  How does a client in custody awaiting trial get papers?
well no doubt in the latter case the defence solicitors will have the expense of printing them all out.  How does a witness at court refresh his memory before giving evidence or get challenged on inconsistencies etc?  A full print will still be necessary. No guarantee all witness statements will be typed and thus word/number searchable.  And NO, exhibit references in the witness statements will not be hyperlinked in the statement - just a few of the problems of this idea.
Oh and no doubt due to the planned savings on printers, print ink, stationery and the like the HCAs in the CPS are going to get a nice little HP tablet computer  - some 3000 of them!
So its a Tablet for the inhouse HCAs and a paracetamol for counsel!

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