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Criminal Defence Service (CDS)

The CDS is a relatively new feature in English criminal law and is replacing the Legal Aid solicitors; it has similarities to the US Public Defender service. Unlike the US most solicitors who participate in the CDS are not state employees at this stage but are paid by the state.

Many CDS solicitors are unhappy with the changes that have taken place which mean that if they do not participate in the system they are unable to deal with state funded work. The structure of the CDS means that in most cases solicitors are paid fixed fees for cases and clients that they represent. The incentive therefore is to do no more work than is absolutely necessary and to employ junior staff to deal with state funded clients.

I do not criticise the lawyers in the CDS system, as many will provide their clients a service to a standard rather than to a price. However, there are many lawyers who will work to a price!

© Dean Sargeant, 2001