HL Deb 10 April 2002 vol 633 cc95-7WA
Lord Beaumont of Whitley

asked Her Majesty's Government:

What is the shortfall in the London Area Crown Prosecution Service of in-house lawyers; and how many have been recruited in the last six months. [HL3534]

The Attorney-General

Each CPS area has a budget allocated to it each year to meet its basic running costs needs, excluding accommodation costs. Its use is not prescribed and areas are empowered to apportion the budget between staffing and other costs in accordance with their judgment of local circumstances.

As at 31 March 2002, there were 290 lawyers in post within CPS London. In the previous six months, 50 lawyers have been recruited. A further 15 lawyers have confirmed start dates between April and August 2002.

From 1 April 2002 an injection of an additional £6.8 million will enable CPS London to employ more staff. By the end of March 2003, the area hopes to have a total of 358 lawyers in post. CPS London is currently 51 lawyers below this target figure.

In order to fill these posts the area will move to a campaign of continuous recruitment resulting in candidates having to wait no longer than six weeks to hear the outcome of their application. In order to attract a wider range of better qualified prosecutors, steps are in hand to revitalise the advertisements that CPS London uses.

Lord Beaumont of Whitley

asked Her Majesty's Government:

What are the current daily and half daily rates for independent advocates representing the Crown Prosecution Service in the London magistrates' courts and London youth courts; and how that compares with the average brief fee in the Crown Court. [HL3535]

The Attorney-General

The rates paid to independent barrister agents in London are subject to a central agreement with the Bar Council that is applied nationally. The rates paid to solicitor agents are agreed locally and can vary both across and within CPS areas. The rates paid to agents are the same for both magistrates' and youth courts.

The fees paid to barristers under the existing agreement for sessional work in the magistrates' court are £112 for a half-day session and £175 for a full-day session, plus an additional uplift of £25 when the advocate is engaged to prosecute a heavy court, namely a remand court with 25 or more cases or 40 or more defendants.

Occasionally, an advocate will be engaged to prosecute a specific case in the magistrates' court, e.g. a lengthy summary trial, and a special fee will be negotiated for that individual case which will sit outside the sessional rates.

The average brief fee paid to junior counsel in the Crown Court during the period October to December 2001 (the latest period available) was £365.90. Crown Court rates are higher because of the increased level of experience and expertise required to prosecute the more serious, lengthy and demanding cases before a judge and jury in the Crown Court.

The CPS introduced a graduated fee scheme for most Crown Court cases committed or sent for trial after 29 October 2001. The scheme has replaced the current brief fee arrangements and will remunerate external advocates at broadly the same level as legally aided defence advocates.

Lord Beaumont of Whitley

asked Her Majesty's Government:

When the daily rates for independent advocates representing the Crown Prosecution Service in the London magistrates' courts and London youth courts were last reviewed; what the previous rates were; and whether they were higher or lower than those which are currently paid. [HL3555]

The Attorney-General

The rates paid to independent advocates appearing for the CPS to undertake sessional work in the magistrates' court and the youth court in London are negotiated centrally with the Bar, while the rates paid to solicitor advocates are agreed locally and can vary. Similar arrangements apply across the rest of England and Wales.

The rates paid to barristers under the central agreement were last revised in April 1992. The rate for a half-day session was increased from £109 to £112 and the rate for a full-day session increased from £172 to £175. An additional uplift of £25 payable for heavy courts (remand courts with either 25 or more cases or 40 or more defendants) remained unchanged.

The CPS is presently engaged in a review of the current rates, precipitated by a recent request from the Bar Council.