Now is the time for manifestos. Not to be outdone, the Law Society has issued its own. Strictly non-party political of course, but nevertheless aimed fairly and squarely at the current hustings. The Society recognises that: “The party in government following the general election will face a hostile and difficult environment. In facing that challenge, it must not forget the basic needs for justice and the rule of law. The Law Society calls on all political parties to publicly support…four principles in their campaigning, policy development and – if elected – their actions over the next Parliament”.

The four principles are that Government will: uphold the rule of law by ensuring meaningful access to justice for all; will properly defend the rights of the people; will work for good governance and better law-making; and will support and encourage a strong and independent legal services sector for the benefit of all. There is no shortage of specifics. The Law Society calls on all parties to commit to maintaining legal aid eligibility at current levels; supporting the principles enshrined in the Human Rights Act; and the maintenance of the right to trial by jury. Among other matters it calls for support of the pivotal role of the defence solicitor in protecting the rights of the defendant and ensuring that the criminal justice process actually works on the ground; a review of the current focus on ‘out of court disposals’; and support for an open coroners system in which all inquests are held in public. In related matters the Law Society calls for the tax year to operate on a calendar basis (1 January – 31 December), with a self-assessment deadline of 30 September; applying fixed dates for the Pre-Budget Report and the Budget; and a debate about the future of Home Information Packs.

The manifesto states that: “In recent years, the UK criminal justice system has been subject to a constant barrage of new legislation and offences. A more cautious and structured approach to extending and reforming criminal law is required to prevent the criminal justice system being overwhelmed and police forces becoming overstretched by a constantly changing criminal code”. Such laws and initiatives have included limiting the costs recovered by acquitted defendants to the equivalent legal aid rates; means testing for legal aid funding in the crown court; the growth in the use of control orders in terrorism cases; and virtual courts, where defendants may not have face to face access to a defence lawyer.

In their joint introduction to the manifesto, Robert Heslett, President, and Desmond Hudson, Chief Executive, state that: “It is important that, in the rough and tumble of an election campaign, such principles are not forgotten. The Law Society, as the voice of the largest part of the legal sector, has a unique perspective on the issues affecting justice and the fabric of society. The Society presents this manifesto as its contribution to the public policy debate in the lead up to the general election of 2010”. The full text of the manifesto can be found at:

 http://www.lawsociety.org.uk/new/documents/2010/manifesto2010.pdf

All crime legal aid providers have to sign a contract with the Legal Services Commission. The current Unified Contract (Crime) has been extended to 13 July 2010, and the new 2010 Standard Crime Contract will come into force on 14 July. The LSC has just announced the new tendering procedure, and the main points are as follows.

The tender process for the new contract for all applicants who wish to undertake criminal defence service work in any Criminal Justice System (CJS) area of England and Wales opened on Monday 15 February 2010, and will close at 4pm on Friday 12 March 2010, so time is short. Providers will need to apply for and be awarded the new contract in order to carry out any new publicly funded criminal defence work from 14 July 2010. If you wish to apply for a contract, the essential document to read is the Information For Applicants (IFA). This paper contains the information, instructions, rules and Terms and Conditions that will govern the tender process. The IFA also contains the questions that will be asked in the online Pre Qualification Questionnaire (PQQ) and the ITT (Invitation to Tender). But the LSC stress that to answer these questions you must use their online system.

There are other documents important to the tendering procedure. The Standard Terms govern the underlying relationship between the LSC and Providers and the 2010 version is based on those already used in the current crime and civil Unified Contracts, updated and revised as appropriate. The Specification sets out the rules for carrying out publicly funded criminal defence work in all the CJS areas of England and Wales.  Much of the contents of the Specification reflect recent policy announcements, and the key changes include The Duty Solicitor Arrangements 2008, Prison Law Funding, and Prescribed proceedings in the Crown Court. The Schedule sets out provisions specific to an individual provider and the Contract for signature is a short contract document which will give effect to the contract as a whole. You will be asked to read, understand and agree to its contents as part of the tender process. 

For all these documents, and additional information, go to

http://www.legalservices.gov.uk/criminal/contracting/10652.asp#about

A new report published last week by the Fawcett Society’s Commission on Women and the Criminal Justice System finds widespread discrimination in practices and attitudes towards women across the criminal justice system, claiming that institutional sexism is apparent even in the day-to-day operation of criminal justice agencies.

The report states that although there has been some progress since the Commission began its work in 2003, a gap remains between policy and implementation. The failure to target institutional sexism has resulted in a system which does not address the causes of women’s offending with the result that too many women continue to be imprisoned on short sentences for non-violent crime. It also fails to provide female victims of violence with support, safety and justice, and creates a glass ceiling for women working within the system. On staffing matters, the report states that only 12 percent of police officers at Chief Inspector grade and above are women, less than a quarter of prison governors are female and less than one in four prison officers are women. At the most basic level, Baroness Jean Corston, Chair of the Commission, says that “workplace practices and attitudes in the justice system are frequently failing to take into account the different needs of women. The police uniform in some forces is a telling example – designed for men by men, just like the criminal justice system.” Flexible and part-time working is not consistently accepted and the culture of long working hours disadvantages any individual with caring responsibilities, the majority of whom are women. In the legal profession, only 15.9 percent of partners in the UK’s ten largest law firms are women and there are only 42 female compared to 479 male silks. Just over 10 percent of the 109 High Court Judges and just 3 out of the 37 Lord Justices of Appeal are women. There is only one female law lord.

On female victims of crime, the report reflects the concerns detailed in our blog ‘Rape’, posted on 16 April. With regard to female offenders, on 3 April 2009 the female prison population stood at 4,309 compared to a mid-year female prison population of 2,672 in 1997. Too many women are being imprisoned for short sentences for non-violent crime, including the non-payment of fines and television licences. In 2007, 63.3 percent of women were sentenced to sentences of six months or less. Prison does not address the causes of women’s offending. More than one in three have histories of sexual abuse and over half have been the victims of domestic abuse. Self-harm among women in custody increased by 48% between 2003 and 2007, with women, just 5% of the total prison population, committing around half of all self-harm incidents.
The Commission welcomes the Government’s work over the past five years towards ensuring that the criminal justice system meets the needs of women but the pace of change has been disappointingly slow. “This final report sets out the Commission’s vision of a justice system which recognises and responds to the unique needs, experiences and skills of women and the institutional change which is needed to achieve this.” The full text of the report can be found at:

http://www.fawcettsociety.org.uk/documents/Commission%20report%20May%2009.pdf