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The Times
February 18 2000
Lawyers facing shake-up BY FRANCES GIBB LEGAL EDITOR
JUDGES are concerned about the poor quality of some Crown Prosecution advocates, many of whom are being briefed on cases at the last minute after the original barrister becomes double booked.
A report today by the new Crown Prosecution Service Inspectorate says that 50 per cent of trials are not being conducted by the barristers who were originally instructed. In some "serious cases" such as child abuse, barristers are briefed at a "very late stage indeed", it says, which is "quite unsatisfactory".
Some judges are concerned that barristers' chambers are providing replacement counsel who are not up to the mark and they see a direct link between the large number of case instructions sent back and the poor quality of substitute counsel.
The report urges Crown Prosecution Service managers to take a much tougher line with incompetent advocates in the CPS and urges barristers' chambers to ensure that replacement advocates are up to the standard of the original instructed.
The Lord Chancellor and Attorney-General also announced yesterday that they will phase in equal pay for prosecutors and defence over the next year.
The move has been welcomed by the Bar Council which said that the present gap was a "scandal" and gave warning that it could lead to young prosecutors in a difficult case such as a rape trial being pitted against a defence with experience.
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