The pre-charge engagement scheme, which came into force this week, is a voluntary process between parties to an investigation which can take place at any time after first interview under caution and before the suspect is formally charged.
Its purpose is to make it easier for the defendant or their solicitor to bring information that may assist their case to the attention of police and prosecutors so that cases can be dropped quickly, if it is appropriate to do so. The scheme can be initiated by an investigator, prosecutor, suspect or suspect’s representative.
However, no fewer than ten groups have written to the Lord Chancellor, Robert Buckland QC, warning that restrictions on payments to solicitors for taking part could scupper the scheme before it gets off the ground. The groups include the Criminal Law Solicitors’ Association, Black Solicitors Network, London Criminal Court Solicitors’ Association, Legal Aid Practitioners Group and the Law Society.
‘The rationale for this scheme is sound but defence solicitors were assured they would be paid for the additional work it entails,’ said Law Society president I Stephanie Boyce.
‘That work necessarily includes getting instructions from the client, examining relevant evidence and advising the client whether or not to take part in pre-charge engagement. However, solicitors will not be paid for this preliminary work as, under the scheme the Ministry of Justice has devised, payments will only kick in if and when they begin engaging with police or prosecutors, and only for work done after that point.
‘Opportunities to save money by bringing cases to an early close will inevitably be missed because hard-pressed defence practitioners simply cannot take on even more unpaid work. This would have adverse financial consequences for the police, prosecutors and the overburdened courts.’
The letter also highlights the low hourly rates for defence practitioners in the new scheme―£51.28 in London and £47.45 outside London.
Boyce called on ministers to ‘substantially’ raise the rate and pay solicitors for advising suspects on the scheme.
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