Although information on the number of hearings adjourned at the request of the Crown Prosecution Service is not collected, I can say that there has been a decrease in the average number of adjournments in indictable cases in the magistrates court from 2.6 per cent. in 1997 to 2.1 per cent. in 2006.
I thank my hon. and learned Friend for that reply. I am pleased that the trend is on a downward curve and I would like to congratulate John Holt and the Greater Manchester Crown Prosecution Service on their success in improving performance in this area. However, we should not forget that while the CPS and the police are responsible for the fact that about a fifth of hearings do not go ahead as planned, the defence is responsible for more than half. What further steps can be taken to solve defence-related problems, including defence lawyers not preparing for cases on time and defendants on bail who do not turn up for court hearings, causing distress and inconvenience to victims and witnesses and further delaying justice?
My hon. Friend is right. The recent National Audit Office report recognises that most ineffective trials are caused by defence problems, whether it be the absence of the defendant, defence lawyers not being ready or the defendant being ill. That has quite an impact on the witnesses for the prosecution—and, indeed, the victims—who have attended the court. Through the “Criminal Justice: Simple, Speedy, Summary” review, we are piloting improvements in the operation of procedures, which have proved successful in those four pilot areas. In addition, Lord Carter’s recent review of legal aid procurement, published in July, changes the way in which defence lawyers are paid. Instead of being paid for each hearing, they will be paid for each case, which will incentivise efficiency and, one hopes, result in fewer hearings and fewer adjournments.
Does the Solicitor-General recognise the concern expressed by Crown prosecutors in Enfield magistrates court about the number of adjournments—likely to go down as defence adjournments—resulting from bad implementation of the means-testing process? That has led to a number of adjournments and ineffective hearings in the magistrates court.
I accept that there has been an issue about means testing. I was at Horseferry Road magistrates court just round the corner only last Thursday and had to deal with a case in which that issue arose, when we needed to ensure that legal aid was available and that the necessary procedures were completed. That is why I know that my colleagues in the Department for Constitutional Affairs are looking into those procedures with a view to improving them.
Is the Solicitor-General aware of the seriousness of the problem? In Wellingborough, for instance, a terminally ill constituent turned up at court three times, only to find that the case had been adjourned. We must have procedures in place to stop that sort of thing happening.
The hon. Gentleman is quite right. That is why the new “Criminal Justice: Simple, Speedy, Summary” review is piloting improvements to procedures in the courts at Coventry, Cumbria, Camberwell Green and Thames in order to ensure that cases are dealt with and prepared right at the first hearing. All the relevant papers should be there so that the defence is in a position to indicate a plea and the matter can be put to trial—one hopes fairly speedily—in the case of a not guilty plea or otherwise be dealt with on the day or in due course after a probation report has been prepared. The hon. Gentleman is quite right that we need to speed up those processes.