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The Context of the Public Defender Service in England and Wales and Research Methodology 1

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The Context of the Public Defender Service in England and Wales and Research Methodology 1 EVALUATION OF THE PUBLIC DEFENDER SERVICE IN ENGLAND AND WALES by Lee Bridges, Ed Cape, Paul Fenn, Anona Mitchell, Richard Moorhead and Avrom Sherr with the assistance of Alan Paterson, Margaret Robinson, Peta Sweet, Simon Thomson and Clair Wilkins i 2007 Copyright Lee Bridges, Ed Cape, Richard Moorhead and Avrom Sherr ii Table of Contents Page Table of Tables vii Table of Figures xv Preface xvii Outline of Contents of Report xix Chapter 1 The Context of the Public Defender Service in England and Wales and Research Methodology 1 The Policy Context of the PDS 1 The Setting up of the PDS 4 Development of the Research 21 Conclusions 28 2 The Nature of Clients and Caseloads 31 Social Characteristics of Clients 32 Source of Clients 40 Criminal Histories of Clients 42 Offence Characteristics and Profiles 63 Conclusions 82 3 Case Processing and Outcomes 85 Case Processing in Investigation Cases 85 Outcomes of Investigation Stage 91 Case Processing in Court Proceedings 96 Outcomes in Proceedings Cases 106 Conclusions 117 4 Evaluation of Quality through Peer Review 119 Methodology and Presentation 119 iii Overall Performance 123 Performance on Specific Criteria 127 The File 127 Communication and Timeliness 137 Fact Gathering 145 Advice and Assistance 154 The Work/Assistance 162 Efficiency 173 Ethics 176 Conclusions 178 5 Costs of Public Defender Offices 181 Time Spent on Cases 183 Staffing and Utilisation of Staff Time in PDOs 188 Costs of the Public Defender Offices 195 The Cost of PDO Time 204 Comparison of Costs between PDOs and Private Practice 211 Conclusions 228 6 Perceptions of the PDS outside the Service 231 Survey of Criminal Justice Professionals 231 Survey of Client Views 247 Conclusions 259 7 PDS Staff Perceptions of the Service 261 Sample and Method 261 Working for the PDS 262 Differences between Working for the PDS and Private Practice 267 Quality and Effectiveness 270 Independence and Professional Ethics 274 The Creation and Development of the PDS 278 Perceptions of the Impact of the PDS 283 How should the PDS Develop in the Future? 285 Conclusions 288 8 Conclusions 291 Patterns of Case Conduct and Outcomes 291 Quality and Independence 293 Cost Effectiveness 295 Management 296 Future Development of the PDS 298 iv Appendix 2.1 Offence Categories used in Case File Analysis 303 3.1 Multivariate Analysis of Outcomes at the Investigation Stage 307 4.1 Peer Review of Police Station Files Guidance and Gradings 315 4.2 Criteria and Definitions for Second Stage Peer Review of Crime Files 323 5.1 Multivariate Analysis of Estimated Costs in Police Stations and Magistrates’ Courts of PDS and Private Practice 333 5.2 Multivariate Analysis of PDS Notional and Private Practice Costs as Recorded on SPOCC 343 5.3 Regression Analysis of Estimated PDS and Private Practice Crown Court Costs 349 v vi Table of Tables No. Page 2.1a Gender of Client Base (Investigation Stage file data) 32 2.1b Gender of Client Base (Magistrates’ Court file data) 33 2.1c Gender of Client Base (Crown Court file data) 33 2.2a Ethnicity of Clients (Magistrates’ Court file data) 34 2.2b Ethnicity of Clients (Crown Court file data) 35 2.3a Client Vulnerability (Magistrates’ Court file data) 36 2.3b Client Vulnerability (Crown Court file data) 36 2.4a Youth Work in Investigation Cases (SPOCC) 37 2.4b Client’s Age at Arrest in Investigation Cases (file data) 38 2.4c Youth Court Work in Magistrates’ Court (SPOCC) 39 2.5 Proportion of Investigation Cases that are Duty Solicitor Cases (SPOCC) 41 2.6a PNC Printout on File? (Magistrates’ Court file data) 43 2.6b PNC Printout on File? (Crown Court file data) 43 2.7a Clients with Previous Convictions (Investigation Stage file data) 44 2.7b Previous Convictions (Magistrates’ Court file data) 45 2.7c Previous Convictions (Crown Court file data) 45 2.8a Number of Previous Cautions, Reprimands or Warnings (Magistrates’ Court file data) 46 2.8b Number of Previous Cautions (Crown Court file data) 47 2.9a Clients with Previous Convictions by Number of Actual and Sets of Convictions (Investigation Stage file data) 48 2.9b Clients’ Previous Sentences by Length of Sentence (Investigation Stage file data) 49 2.9c Previous Convictions by Actual and Sets of Convictions (Magistrates’ Court file data) 50 2.9d Previous Convictions by Actual and Sets of Convictions (Crown Court file data) 51 2.10a Number of Sets of Convictions in Past Two Years for Clients with Previous Convictions (Magistrates’ Court file data) 53 2.10b Number of Sets of Convictions in Past Two Years for Clients with Previous Convictions (Crown Court file data) 53 2.11a Do clients with previous convictions have similar previous 54 vii convictions? (Magistrates’ Court file data) 2.11b Do clients with previous convictions have a similar previous conviction? (Crown Court file data) 55 2.12a Proportion of Clients with Previous Convictions with one or more Previous Custodial Sentences (Magistrates’ Court file data) 56 2.12b Proportion of Clients with Previous Convictions with one or more Previous Custodial Sentences (Crown Court file data) 56 2.12c Mean Number of Custodial Sentences for Clients with Previous Sentences (Magistrates’ Court file data) 57 2.12d Mean Number of Custodial Sentences for Clients with Previous Sentences (Magistrates’ Court file data) 57 2.12e Average Number of Custodial Sentences by Length of Sentence for Clients with Previous Sentences (Magistrates’ Court file data) 59-60 2.12f Average Number of Custodial Sentences by Length of Sentence for Clients with Previous Convictions (Crown Court file data 61-62 2.13a How the Case Started (Magistrates’ Court file data) 64 2.13b How the Case Started (Crown Court file data) 65 2.14 Proportion of Free-standing Advice and Assistance within Proceedings Claims (SPOCC) 66 2.15a Number of Clients on Investigation Claims (SPOCC) 67 2.15b Number of Clients on Proceedings Claims (SPOCC) 68 2.16a Crown Court Sample by How Case reached the Crown Court 69 2.16b Either way Cases - Direction or election (Crown Court file data)? 69 2.17a Most Serious Offence (Investigation Cases, SPOCC) 70 2.17b Most Serious Charge (Magistrates’ Court Cases, SPOCC) 71 2.17c Magistrates’ Court, Lead Charge (file data) 73 2.17d Crown Court, Lead Charge (file data) 74 2.18a Detailed Lead Charges: Offences Against the person 76 2.18b Detailed Lead Charges: Burglary 77 2.18c Detailed Lead Charges: Criminal Damage 77 2.18d Detailed lead charges: Drugs offences 78 2.18e Detailed Lead Charges (magistrates’ Court file data): Driving Offences 78 2.19a Peer Reviewer Assessment of Case Seriousness 79 viii (Magistrates’ Court and Crown Court) 2.19b Peer Reviewer Assessment of Case Complexity (Magistrates’ Court and Crown Court) 80 3.1 PDS and Private Practice Investigation Stage Claims on SPOCC: Percentage of Police Station Cases involving Telephone Only Advice 86 3.2 PDS and Private Practice Investigation Stage File Analysis: Status of Legal Adviser in Case 88 3.3a Average Time Spent on Police Station Cases for Duty and Own Solicitor Clients (Attendance Cases Only, Investigation Stage File Analysis) 89 3.3b Average Time Spent on Police Station Attendance Cases by Area (PDS and Private Practice Investigation Stage File Analysis) 90 3.4 PDS and Private Practice Investigation Stage File Analysis: Suspect Comments in Police Interview 91 3.5 PDS and Private Practice Investigation Stage File Analysis Incidence of Bail from Police Station by Offence Type 93 3.6a PDS and Private Practice Investigation Claims on SPOCC: Outcome at end of Investigation Stage for Retained Clients 94 3.6b PDO and Private Practice Investigation Stage File Analysis: Outcome at end of Investigation Stage for Retained Clients by Area 95 3.7a Mean Number of Hearings per Case in Magistrates’ Courts (SPOCC) 97 3.7b Mean Number of Hearings in the Magistrates' Court (Crown Court Files) 97 3.7c Mean Number of Hearings in the Crown Court (Crown Court Files) 98 3.8a Adjournments in the Magistrates’ Court (Magistrates’ Court Files) 99 3.8b Adjournments in the Magistrates’ Court (Crown Court Files) 100 3.8c Adjournments in the Crown Court (Crown Court Files) 100 3.9a Length of Case in Days (SPOCC) 101 3.9b Days per Hearing in the Magistrates’ Court (SPOCC) 102 3.10a Bail Situation after First Hearing (Magistrates' Court Sample) 103 3.10b Bail Situation after First Hearing (Crown Court Sample) 103 ix 3.11a Mean Time Spent on Cases in Magistrates’ Court Files (in minutes, PDS Chargeable Time Only) 105 3.11b Mean Time Spent on Cases in Crown Court Files (in minutes, PDS Chargeable Time Only) 105 3.12a Outcomes in magistrates’ court proceedings cases (SPOCC) 107 3.12b Summary of outcomes from file data (magistrates’ court) 108 3.13a Proportion of pleas indicated on day of trial (Magistrates’ court and Crown Court file samples) 111 3.13b Benefits to defendants from cracked trials 112 3.14a Convictions by offence group in Magistrates’ court cases (file sample) 112 3.14b Convictions by offence group in Crown Court cases (file sample) 113 3.15 Potentially aggravating factors for convictions (Magistrates’ court and Crown Court file samples) 114 3.16 How did the sentence relate to the PSR recommendation (Magistrates’ court file sample) 115 3.17 How did the sentence relate to the PSR recommendation? (Crown Court file sample) 117 4.1a Level of Service/Performance (Investigation Stage File Analysis) 123 4.1b General Assessment, Magistrates’ Court Sample 125 4.1c General Assessment, Crown Court Sample 125 4.1d Comparison of Overall Performance at Investigation Stage (Invesitgation Stage, Magistrates’ Court
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