Public Defence Service job cut proposal raises concerns about miscarriages of justice

The Ministry of Justice says proposed changes to the Public Defence Service will make it better in the long run, but a union says the overhaul jeopardises access to justice. Photo / Getty Images

Proposed cuts to Public Defence Service staff have prompted concerns about miscarriages of justice and access to legal services.

An estimated 25 roles at the Public Defence Service (PDS) will be disestablished and 12 new roles created, with more new lawyers eventually hired to bring the net loss to just one role, the Ministry of Justice said.

But the Public Service Association (PSA) said PDS bosses were proposing to take fewer criminal cases to appeal as Government funding restrictions forced it to do more with less.

The proposed reduction in appeal cases raised serious questions about access to justice, said PSA national secretary Fleur Fitzsimons.

The union said the PDS was proposing to cut 14 roles.

According to the PSA, the change proposal said the loss of roles would enable an undetermined number of lawyers to be hired in the future.

“These proposed changes undermine the very purpose of the PDS, which is to provide high-quality legal representation to everybody, not just a privileged few, and to do so through the use of salaried staff, not contracted lawyers,” the PSA added.

The union said proposed changes would disestablish the PDS standalone appeals team, with the loss of four out of five roles in that team.

“This would lead to a decrease in the number of Court of Appeal and Supreme Court cases the PDS accepted each year.”

The PSA said reducing these cases was part of efforts to fund a “significantly higher annual caseload” within the existing budget.

“The PDS has developed specialist expertise in criminal appeals, which are a critical way miscarriages of justice are uncovered,” Fitzsimons said.

“This proposal will reduce access to justice for people with limited means.”

The PSA said the appeals team’s roughly 25 cases a year would be outsourced to external lawyers.

“It’s a short-sighted approach forced on the PDS by the Government not adequately funding the justice sector,” Fitzsimons added.

Labour Party justice spokesman Duncan Webb said the proposed changes created serious concerns “about not just undermining access to justice but also the rule of law”.

Webb said the coalition Government proposed to be tough on crime.

“And yet it seems to be retrenching in one of the core areas that gives convictions legitimacy.”

He said the PDS appeals team was crucial to preventing miscarriages of justice.

Labour's Duncan Webb says the PDS is crucial for the justice system's fairness and legitimacy. Photo / Mark Mitchell

And he said the legal aid system was already overburdened.

“I deal with people who say ‘my lawyer’s not getting back to me’ ... it’s because they’ve got an enormous amount of cases.”

Webb said the proposal also seemed at odds with some of what Mike Heron, KC, found in a review of the system.

A spokesman for Justice Minister Paul Goldsmith said it was a matter for the PDS, which operated independently.

The Ministry of Justice said once new lawyer positions were established, there would be a net overall reduction of one position.

“The delivery model for legal support services would also change, with the establishment of two legal support hubs – one in Manukau and one in Wellington.”

On the decrease in the number of Court of Appeal and Supreme Court cases accepted each year, it said PDS lawyers with the required appellate listing would still represent clients at appeals.

It said 22 of the disestablished jobs would be in either support or management roles.

The consultation period closes at 5pm on April 24.

“Our proposed reprioritisation, combined with the hiring of more lawyers, is designed to help boost the number of PDS lawyers able to take legal aid cases,” PDS director Peter Hutchinson said.

The Herald has approached the ministry with more questions.

In 2021, the Ministry of Justice asked Heron to review the service’s operation and performance.

Heron’s report found the PDS provided a valuable service to clients and to judges, private bar lawyers, court staff, ministry staff, prosecutors and people working for jails and probation services.

The report said the PDS was an “indispensable” part of the criminal justice system.

“There is a pressing need to address staff recruitment and retention, the level of senior resourcing, IT and remuneration,” Heron said.

Michael Heron, KC. Photo / Michael Craig

The Heron review raised some questions about the service’s purpose and found a lack of consistency in operational decisions and outcomes, and tension between different parts of the system.

It also said the PDS business model relied too heavily on junior staff.

“The current model leaves PDS lawyers at risk, with flow-on effects for the system as a whole,” Heron said.

Heron said PDS leadership operated effectively and it was imperative for it to recruit and retain more senior staff.

The PDS provided advice and representation to defendants who have legal aid in criminal cases. It also oversaw duty lawyer services in some courts.

The PDS is a business unit within the Ministry of Justice, but operated largely independently.

Last year, according to the Budget, PDS received $47.537 million in funding.