In a letter published by The Daily Telegraph (23 August 2022) in response to the proposal from James Cartlidge MP to start recruiting a permanently employed Crown Defence Service, Mark Fenhalls QC Chair of the Bar Council said:
"Independent legal representation is fundamental to the maintenance of the rule of law and democracy; it ensures that checks and balances remain in place within the much-vaunted British justice system.
"An overhaul of the current system of British legal defence, as proposed by James Cartlidge MP, would remove freedom of choice and expand the state’s role in an individual’s private legal affairs. The proposal would be prohibitively costly to implement, create a whole new category of civil servants, and do nothing to improve efficiency in the courts.
"We have a precious public resource in the self-employed Bar – highly skilled, flexible and with no overheads for the state to pay.
"Funding would be better spent to stem the exodus of barristers from criminal practice and to address the current backlog of court cases.
"The most immediate and sensible way to resolve the current impasse is to simply expand the existing fee proposals to cover all cases and to swiftly establish an independent body to advise the Lord Chancellor on future reform."
Access The Daily Telegraph letters.