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Figures show 40 per cent of people pleading not guilty are cleared in Crown Court, compared with 25 cent before magistrates.. "HE WAS a professional man in his 50s No convictions. Charged with the theft of two tubes of lip balm," said Janice Dougan, a solicitor, about a client who she defended at Manchester magistrates court. "He had everything to lose and the kind of excuse magistrates hear every time. We elected for a jury trial at Crown Court." Her client was acquitted. Lawyers yesterday argued that this kind of case - where an individual's reputation may be shattered by alleged minor misdemeanours - makes the right to elect for jury trial essential whatever the cost to the legal system. Euphemistically, the solicitors imply that magistrates can simply be too wise for a defendant's own good, particularly when they know he, or she, has previous convictions.

The less knowing jury might be more even- handed and offer greater hope of acquittal."I am often representing somebody who has been before the bench 30 or 40 times before," said Julian Farley, a defence solicitor at Macclesfield magistrates court "The bench has seen it all before. They are acquainted with him." But magistrates challenged that view "What's the opposite of cynical?" said one. "Is it non-judgmental, or gullible? Probably the latter."Defendants are warned that Crown Court carries a greater risk of a heavier sentence. "We remind them that magistrates rarely send defendants to prison while a judge will not bat an eyelid," said Mr Farley.But some say solicitors play the system as effectively as the criminals. In Macclesfield, defence lawyers are paid pounds 150 for a guilty plea case, pounds 250 for not-guilty and trial by Crown Court jury brings in more money.

"At times it can be money led rather than justice led," said one lawyer. "We are in business aren't we? If you can get pounds 250, you're not going to refuse it.". THE GOVERNMENT signalled its determination to face down its biggest- ever backbench rebellion yesterday by announcing tough new plans to deal with "workshy" youngsters. As MPs prepared to vote on controversial incapacity benefit cuts, David Blunkett, the Education and Employment Secretary, raised the stakes with a plan to withdraw benefits from jobless under-25s who refused to work or train under the New Deal. But Labour rebels claimed that his "macho" language would fuel opposition rather than quell it. The rebels' defiance came despite a strong warning from Tony Blair in the Commons that he was determined to push the reforms through in their entirety.

"Those people who talk about welfare reform should have the courage to see it through," Mr Blair told MPs at Prime Minister's Questions.Later, Mr Blunkett unveiled his "three strikes and you're out" plan to toughen sanctions against youngsters who refuse to take up a job or training place under the flagship New Deal programme. Under-25s will have benefit stopped for six months, rather than the present four weeks.In a lecture at Beveridge Hall in London last night, Mr Blunkett said: "This shows our determination to ensure something for something. The traditions of self-help in this country were built on inter-dependence, and not dependence on the state."But Roger Berry, MP for Kingswood and a leader of the campaign against the cuts, said that support for the rebels' amendment was "solid" and had grown since the Government cut short debate on the bill on Monday night. One leading rebel said that Mr Blunkett's language had stiffened the resolve of those opposed to the changes "This macho stuff is counter- productive. We're not going to back down now."Damien Green, the Conservative employment spokesman, said that Mr Blunkett's announcement was a "diversion" from the real problems of the New Deal. "Tens of thousands of young people are finding that the New Deal is a trap, not an opportunity," he said.Martin Barnes, director of the Child Poverty Action Group, said that stopping benefits for 26 weeks would simply drive vulnerable people away from the New Deal. "This is not the way to get vulnerable people like the homeless or drug takers to sign up," he said..

New balance on tribunal panels EMPLOYMENT TRIBUNAL panels will be more reflective of the people who bring claims against employers under Government plans announced yesterday. Industry Minister Ian McCartney said he was launching a recruitment initiative, with positions advertised for the first time, to attract more women, ethnic minorities, and people with disabilities onto appeal tribunals.. A BRITISH tourist faces massive fines and possible imprisonment in the United Arab Emirates after being charged with "causing death without intent" in a fatal jet ski accident. Kathleen Morgan, 37, from Welwyn Garden City, Hertfordshire, was riding a jet ski on holiday in the Gulf emirate of Dubai last month when she collided at speed with a Russian man.