Lawyers in the island have ’serious concerns’ over how a proposed public defender scheme could operate.

They also question the issue of independence from government if a state-backed system was in operation.

Attorney General John Quinn is seeking the public’s views on current criminal legal aid provision and the feasibility of alternative approaches including a public defender scheme (PDS).

The Isle of Man Law Society has now submitted its own detailed reply and has issued a blistering attack on the idea of a PDS.

It says: ’Notwithstanding the absence of any significant detail concerning the Government’s proposals for the creation of a Public Defender Scheme, it is clear that a number of issues immediately give cause for concern:

’The creation of a full PDS is a virtual impossibility in any jurisdiction, let alone one of 86,000 people.

’Significant measures are required to ensure that any such service maintains both actual and perceived independence from Government.

’The lack of choice of advocate raises concerns as to the ability of a defendant to have fair trial.

’In the absence of evidence to the contrary, no assumptions can be made as to the cost-effectiveness of a PDS.

’Any criminal justice system whereby a citizen is investigated by the state, prosecuted by the state and defended by the state is incompatible access to justice.’

The law society’s chief executive Juan Moore and president Tim Swift have previously said most advocates were against the idea of a state-backed scheme.

The society also set up a special committee to fight the proposals and is raising its profile, including the lobbying of MHKs.

The proposal is one of the recommendations of the Securing Added Value and Efficiencies, or SAVE, programme, which reported its findings earlier last year.

It would see a board of advocates employed directly by the Manx government, replacing the current legal aid system.

In its submission to the consultation, signed by president Mr Swift, the society claims: ’The proposal to operate a PDS by employing only six advocates raised serious concerns.

’The Law Society does not see how a PDS staffed with only six advocates could effectively operate.

’Currently, criminal defence advocates provide 24-hour cover at the police station seven days per week, 365 days of the year.’

The society says any PDS would need a minimum of 12 advocates and this would in effect ’completely eliminate any cost saving’.

The society, which repesents around 40 law firms in the island, argues: ’Given that some legal practices provide criminal defence work as part of a wider suite of legal services offered to the general public, any threat to the future existence of a private criminal bar has the potential to threaten the future viability of smaller practices in general. No work to consider the wider impact to these practices has been reported to date.’

On the question of independence the society says: ’Service users are prosecuted by the Government.

’It cannot be the case that they are also defended by the Government.

’At the forefront of any consideration must be the unfettered right to a fair trial, enshrined in article six, European Courts of Human Rights.’ The law society claims the arguments against such a scheme are ’obvious and compelling’.

It adds: ’Given the size of the jurisdiction in the Isle of Man the introduction of a PDS will be a one way street that cannot be reversed if it does not work.’

There were separate public defender units in place in England, Wales and Scotland.

But the society says they have ’very limited reach and effect on the provision of legal aid representation’.