Caseworkers with no law degrees and just 12 days' training empowered to prosecute in serious trials - News - Evening Standard
       

Caseworkers with no law degrees and just 12 days' training empowered to prosecute in serious trials

On the cheap:  The role of Designated Caseworkers has been expanded


Thousands of criminal trials for assault, shoplifting, drug offences and carrying knives are to be prosecuted by unqualified court officials instead of CPS lawyers as part of a massive cost-cutting drive.

The Government has quietly expanded the role of 'Designated Caseworkers' in magistrates' courts.

Previously they were only allowed to present the most minor and straightforward cases - mainly motoring offences where the defendant pleaded guilty.

Now the caseworkers - who have no law degree and just 12 days formal training - have been officially rebranded as 'Associate Prosecutors', and empowered to prosecute far more serious contested trials included cases of violence and theft.

Magistrates have voiced grave disquiet over the changes.

And horrified defence lawyers have condemned the unqualified prosecutors as 'hopeless'. They warn that expanding their role will undermine public confidence in the courts.

A leaked internal CPS report found that half of the 400 Associate Prosecutors admitted they felt out of their depth and ill-equipped for their new tasks, while a third complained of coming under pressure to handle cases outside their remit.

The revelations come amid mounting concerns over the Government's handling of the creaking court service, which is struggling to cope with a £90million budget black hole.

Also, a dramatic rise in the use of police cautions and on-the-spot fines means hundreds of thousands of criminals now bypass court altogether.

Designated Caseworkers in magistrates courts have been likened to Community Support Officers - civilian patrol staff introduced as a cheaper alternative to real police officers, with less training and lower pay.

They first appeared in courts in England and Wales 10 years ago but until now have been barred from carrying out all but the most routine cases, while dealing only with 'uncontested' guilty pleas.

The Criminal Justice and Immigration Act which has just become law dramatically expanded their powers to deal with contested trials and more serious offences.

These include shoplifting, common assault, carrying a weapon in public, being drunk and disorderly.

The caseworkers can also apply for Asbos and other court orders and urging magistrates to refuse a defendant bail.

The CPS said the new prosecutors receive just 12 days' training and then 'shadow' other prosecutors before starting work.

Salaries range from £25,000 to £30,000, while legally-qualified Crown Prosecutors can earn £50,000 or more.

The Law Society of England and Wales has accused the Government of 'prosecuting on the cheap and putting victims of crime and witnesses in peril.'

Opponents won concessions in the new legislation blocking the new Associate Prosecutors from conducting trials where a defendant could be jailed, although Attorney General Baroness Scotland has argued that they should have such powers, and critics fear the plans will soon resurface.

Roger Peach, President of the Criminal Defence Solicitors Union, said most Associate Prosecutors he had encountered were 'hopeless'.

He said: 'Magistrates tend to feel sorry for these prosecutors who clearly don't know as much about the law as the defence solicitors, and so they tend to lean their way.

'Hearings are delayed because Associate Prosecutors can't make any decision themselves, and we all wait while they rush off and find a real CPS lawyer to consult.'

Mr Peach warned that in future qualified CPS lawyers would increasingly be restricted to Crown Court cases, while cuts in fees would force  defence solicitors to use equivalent unqualified staff to represent defendants in magistrates courts.

'The quality of justice will suffer. The magistrates court itself will be seen by the public as dumbed down, and public trust will ebb away.'

Shadow Justice Secretary Nick Herbert said: 'Victims of crime will be understandably concerned if they see prosecutions conducted by junior officials when defendants are legally represented by qualified lawyers at public expense.'

The Crown Prosecution Service said the first Associate Prosecutors would start using the new powers in pilot areas shortly, and would receive extra training in preparation.

Last month it emerged that magistrates courts in the West Midlands were having to cancel sessions due to a lack of cases to hear, as Government policy has led to a massive increase in the use of police cautions and on-the-spot fines as an alternative to charging criminals.

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