What is the Criminal Defence Service?

Introduction

Logo of Criminal Defence Service The Criminal Defence Service from April 2001 replaced the old system of criminal legal aid. The purpose of the Criminal Defence Service (CDS) is to ensure that people suspected or accused of a crime have access to advice, assistance and representation as the interests of justice require.

The CDS, created by the Access to Justice Act 1999, is managed by the Legal Services Commission.

The Lord Chancellor has set objectives for the Commission regarding the CDS, which are:

to ensure that eligible individuals have access to appropriate CDS services - including at police stations and in magistrates' courts
to ensure that services provided are of appropriate quality, and that their quality improves over time
to ensure effective control over CDS expenditure, and progressively improve the value for money of the services it provides and purchases

The importance of criminal defence services is also reflected in statutory and human rights requirements, which provide that:

people arrested and held in custody have the right to consult a solicitor privately at any time
defendants have a right to defend themselves in person, or through legal assistance of their own choosing, or, if they have not sufficient means to pay for legal assistance, to be given it free when the interests of justice so require

The other objectives of the CDS within the legal framework established for it are to:

help ensure that suspects and defendants receive a fair hearing at each stage in the criminal justice process; and in particular that they can state their case on an equal footing with the prosecution
protect the interests of the suspect or defendant, for example by making the prosecution prove its case or advising the defendant to enter an early guilty plea if that is appropriate
maintain the suspect's or defendant's confidence in the system, and facilitate his or her effective participation in the process

A guide to CDS funding can be found in the leaflet “A Practical Guide to Criminal Defence Services”

Contracting

The CDS aims to meet the above objectives at an affordable cost to the taxpayer. Contracting is a vital element in helping the Commission to secure value for money. Importantly, contracting will also provide a guarantee of service quality.

Since April 2001, all CDS work funded by the Commission and undertaken by private practice solicitors' firms has been done under the General Criminal Contract. Firms are audited against the General Criminal Contract to ensure they meet quality assurance standards and provide value for money.

Further information about Criminal Defence Service contracting can be found in the CDS contract section of this site.

Duty Solicitor Schemes

New arrangements were introduced in April 2001, giving the Legal Services Commission greater control over the Police Station and Magistrates' Court Duty Solicitor schemes.

The primary objective of the schemes is to ensure that people requiring Advice and Assistance at a police station or magistrates' court who are not able to obtain such help from their own solicitor have access to the services of a Duty Solicitor.

Further information on these schemes can be found in the Duty solicitor section of this site.

Public Defender Service

As part of the launch of the Criminal Defence Service the Commission began piloting its own Public Defender Service. Under the four-year pilot, which began in 2001, eight offices have been established, comprising staff directly employed by the Commission. The pilot will form the basis of research into the merits of a mixed (private practice and employed) CDS.

More information is available on the Public Defender Service (PDS) section of this site.