Some defence lawyers are delaying guilty pleas to make more money from the justice system. Photo / Herald on Sunday

Some defence lawyers are delaying guilty pleas to make more money from the justice system. Photo / Herald on Sunday

Criminal lawyers have been accused of milking the taxpayer-funded legal aid bill, which is tipped to top $144 million next year.

Ministry of Justice officials say some defence lawyers are delaying guilty pleas to make more money from the justice system - an allegation strongly denied by the Criminal Bar Association.

The Government has appointed experienced public servant Dame Margaret Bazley, who headed the three-year commission of inquiry into police conduct, to review the legal aid system.

She is due to deliver her interim report to Justice Minister Simon Power this month, with full findings to be debated by Cabinet in December.

The legal aid bill has ballooned from $84 million five years ago to an estimated record $144 million next year. Almost $20 million more was spent last year in administration costs.

The sharp rise has been blamed on more criminal prosecutions, a "bulge" in Treaty of Waitangi claims and increasing numbers of civil claims against the Government. But briefing papers obtained by the Weekend Herald under the Official Information Act show that Justice Ministry officials believe that some defence counsel delay court appearances to claim more legal aid.

The Criminal Bar Association disputes the claim and instead blames court delays on police officers who lay too many charges and are slow to disclose evidence.

Experienced barristers have also taken exception to Justice Ministry claims that the recently expanded Public Defence Service - an office of salaried legal aid lawyers - is cheaper than the independent bar.

Officials told Mr Power that an evaluation of the Public Defence Service supported anecdotal evidence that the current legal aid scheme does "not sufficiently incentivise" lawyers to progress court cases efficiently.

"If the system pays per court-event, then it is reasonable to assume that (unless mechanisms are put in place to manage this incentive) the number of court events in each case will be maximised to increase revenue," the briefing papers say.

Mr Power told the Weekend Herald that "reform is coming to the criminal justice system".

"There is significant room for improvement. Tinkering around the edges with these problems isn't going to cut it any more.

"The legal aid system needs to be properly structured and incentivised so that the number of appearances is appropriate," said Mr Power. "At the moment, legal aid has been driven by a number of appearances. The question is: is that the right way to fund it?"