Delays in the criminal justice system of England and Wales cost taxpayers an estimated �80m a year, according to the government's financial watchdog.

The Audit Commission recommends that lawyers should be paid according to how quickly they deal with cases and Home Office minister Lord Falconer has called for a "culture change" among lawyers.

But can all this be blamed on time-wasting by lawyers, or are such delays unavoidable if the human rights of defendants are to be protected?

BBC News Online present the views of two people on opposite sides of the debate.

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The chief executive of the Law Society, Janet Paraskeva:

Neither the Audit Commission report nor Lord Falconer suggest that there is evidence that lawyers are stringing out cases for financial gain.

In fact their criticisms are aimed at the criminal justice system in its entirety, rather than specifically at the legal profession.

It is simply not the case that it's in the interest of defence lawyers to cause delays, it's not what they do and it wouldn't be in their interest.

Nor in fact does the system that we have at the present moment - the fee structure for the payment of defence lawyers - actually allow it.

There is already something called a wasted costs order which exists, which the court can make in the unlikely and rare event that there are unnecessary delays being caused.

There are many important points raised by the commission's report.

We hope that rhetoric about who is to blame for which failings in the criminal justice system does not overshadow the important work all the agencies, including the Law Society, are already doing to eradicate unnecessary delays and improve the efficiency of the system.

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Chief Constable of Thames Valley Police, Peter Neyroud:

The bottom line is that justice is not being done thanks to the arcane rules and bureaucracy of our criminal trial process.

The public knows this, the legal profession knows this, the government know this and it is time for action.

For the criminal trial to be a real search for truth, instead of the game it has become, the following must happen:

• Courts designed and run to suit the needs of victims and witnesses - separate waiting areas and technology to allow the giving of evidence remotely
• A fair exchange of information between the prosecution and defence before the trial
• Better case management for speedier trials which focus on the facts and prevent unnecessary witnesses
• A right of appeal by the prosecution in serious cases where rulings have resulted in the premature termination of the case
• A review of the self-governing codes of practice to ensure lawyers have clear guidance on standards of conduct.

Under the current rules of 'the game"' everyone loses: Society, because too many criminals are 'getting away with it' and police officers, because their work can be dismissed on a technicality.

Even the criminals suffer, because the system fails to make them face up to the consequences of their actions and may even encourage a higher level of criminality.

It is the system itself which is at fault, a system so flawed that it provides loopholes which no one can be blamed for exploiting.