Extension of CPS paralegals' powers would be 'fundamentally wrong', says FDA - 5 March 2008

The FDA - the union representing prosecutors in the Crown Prosecution Service (CPS) - has today made clear its opposition to increasing the powers of Designated Case Workers - or paralegals - in the CPS. The proposals, contained in clause 105 of the Criminal Justice and Immigration Bill currently going through the House of Lords, would give unrestricted rights to unqualified staff to conduct trials in the magistrates' courts.

Sue Gethin, FDA CPS Section national convenor, said:
"The proposals are unworkable and pose a serious risk to the good working of the criminal justice system. Significantly extending the powers of designated case workers would be fundamentally wrong. It would lead to cases being conducted in the magistrates' court - in prosecutions for imprisonable offences - without the involvement of a qualified lawyer."

The FDA's stance against increasing DCW powers is shared by the Law Society and the Bar Council.

Paul Neilson, FDA national officer with responsibility for the CPS, added: "The role of the DCW was established in the Crime and Disorder Act 1999 and they have a helpful and productive role in appropriate circumstances, allowing legally qualified prosecutors to use their time more constructively.

"However, the proposals would mean that DCWs would have to be supervised by prosecutors in accordance with the standards imposed by the Solicitor's Regulatory Authority. This would place an impossible burden on prosecutors, who would need to be satisfied with the standard of presentation and prepared lines of cross questioning in every trial. In addition, adjournments and delays would increase as a result of DCWs in court needing to consult the advice of a qualified prosecutor."

Notes for Editors
1. The FDA is the trade union and professional body representing 18,000 of the UK's senior civil and public servants. Our members include policy advisors, senior managers, tax inspectors, economists, statisticians, accountants, special advisers, government lawyers, diplomats, crown prosecutors and NHS managers.
2. Members in HMRC are represented by the Association of Revenue and Customs (ARC), a section of the FDA.
3. The FDA (formerly the First Division Association) should be referred to simply as "The FDA" and can be described as "the senior public servants' union".
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