England’s chief prosecutor warns lawyers’ pay may be adding to court delays

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The chief prosecutor for England and Wales has called for a review of how criminal defence lawyers are paid, warning that some parts of the current fee system could be contributing to lengthy court delays.

Stephen Parkinson, director of public prosecutions, told MPs that he was concerned lawyers received substantially more if their cases went to trial than if their clients pleaded guilty at an early stage.

Barristers working on Class A drug supply cases receive about £3,400 more for cases where defendants plead guilty after a trial begins than those in which they do so at an initial hearing. This is about double their fee if the defendant pleads guilty at an earlier stage, he said.

“If we don’t start doing things differently, the problem [of court backlogs] is just going to get worse,” he told the House of Commons’ justice committee. The structure of payments for defence solicitors and barristers “really does require attention”, he added.

Comparatively low pay for criminal defence lawyers, because of cuts to legal aid, has led to a significant number giving up practice and exacerbating the backlog facing the court system.

The National Audit Office calculated legal aid spending has fallen by 28 per cent in real terms over the past 10 years.

Parkinson, formerly one of the City of London’s best-known white-collar criminal defence lawyers before he was appointed last year to replace Sir Max Hill KC at the helm the Crown Prosecution Serivce, is the latest member of England’s legal establishment to detail extensive problems with the criminal justice system.

Baroness Sue Carr, the lady chief justice, last week told the committee that government ministers’ refusal to fund more criminal court sitting days had a “drastic effect”.

Parkinson told the committee on Tuesday that a police recruitment drive by the last government, which hired 20,000 officers, had added to pressure on the system.

“The workload is growing but the capacity of the court to deal with it has remained the same.”

Inexperience in the ranks was contributing to case hold-ups, he added, pointing to large numbers of officers — as well as crown prosecutors — who had fewer than five years’ service.

“There’s a lot of inexperience in the criminal justice system,” Parkinson said. “That means it takes longer to deal with cases — the police haven’t got the experience to be looking for the right things.”

Decisions whether to prosecute can be “too cautious”, he said, adding: “Experienced prosecutors can make decisions quickly.”

Parkinson warned that some defendants were “taking advantage” of the delays. They “know that the longer the case goes on” the greater chance that “something might go wrong” for the prosecution.

Prolonged wait times risked alienating witnesses and victims, he said. “It is difficult to keep victims with us.”

The former senior partner at law firm Kingsley Napley said it was his “highest priority” to reduce case delays, saying he would draw on his experience of the private sector to improve efficiency.

The Ministry of Justice said: “The new government inherited a justice system under enormous strain and a criminal legal aid system facing significant challenges.”

It added that “criminal defence solicitors play a vital role ensuring justice is delivered”, and said it was providing £24mn for criminal legal aid.