Criminal Justice and Immigration Bill

Perhaps I may contribute to this debate by saying something with which I am sure everyone will agree at once: it is most important that there are appropriate restrictions on those who are entitled to engage in advocacy in our courts so that they are suitably qualified and conform to necessary ethical rules when they are so engaged. It is also important that those restrictions are no more than are necessary and that they are proportionate to the needs of the particular situation or case. In my view, the government amendments to Clause 105—I stress, government amendments—are designed to ensure that the restrictions on who can appear are proportionate, and they are meant to enable designated caseworkers of the Crown Prosecution Service to act as advocates both in non-contested cases, in which they have been so engaged since 1998, and also, from now, in cases involving summary-only offences. In the light of discussions and in the light of the Second Reading debate, the Government have pulled back from the position that they originally put in the Bill—hence, the government amendments today. To deal with the concern of many, including the Bar Council, that designated caseworkers should not act as advocates if the trial may result in imprisonment, then it is intended, as my noble and learned friend the Attorney-General indicated, that the DPP will issue instructions under the Prosecution of Offences Act 1985 to limit for the time being the use of designated caseworkers to cases where imprisonment cannot result from the trial. That, of course, would enable some change at some future time so that, if designated caseworkers qualified and became fellows of the Institute of Legal Executives, they could act as advocates in more serious trials. However, Members of the Committee will have noticed that my noble and learned friend indicated that that should be subject to the qualification of the Attorney-General agreeing to the circumstances and the occasion of that extension. Using instructions would certainly be more flexible than if the Act, by virtue of amendments made at this or some later stage of the Bill, unduly restricted designated caseworker rights of advocacy. I noticed that the noble and learned Baroness, Lady Butler-Sloss, welcomed the fact that adherence to the Institute of Legal Executives code of conduct would be fine, particularly if it was harmonised upwards—that was not her word—to ensure that it complied with and conformed to the Bar and the Law Society codes of conduct. In summary, it seems to me that the advantages of the Government’s carefully crafted amendments are threefold. First, fully-qualified lawyer resources can be concentrated on complex and serious crime. Secondly, the method of approach and the possible extension in the future of the trial advocacy rights of designated caseworkers will enhance the diversity of pathways into the legal profession. Of course, it is in the public interest to ensure wider access to the legal profession over a period of time. Thirdly, we should not, if the Government amendments are accepted, put too much in the Bill unduly to inhibit the development of advocacy rights of DCWs in the future because of the method chosen in the government amendments which would not put restrictions fully in the Bill.