MINISTRY OF JUSTICE
News Release (062/07) issued by The Government News Network on 31
May 2007
Lawyers who cause
costly delays to court cases in England and Wales could be
replaced in plans for speedier and more efficient trials, Lord
Chancellor and Secretary of State for Justice Lord Falconer said today.
The new measures will enable lawyers to be replaced where they
are causing considerable delay, or where representing more than
one client in a trial might lead to a conflict of interest.
Very high cost cases - trials expected to last 41 days or more -
often include cases of alleged terrorism or fraud where several
people are charged. Delay can lead to collapse of a trial and
incur huge costs.
Lord Falconer said:
"Trials that take too long not only reduce public confidence
in the criminal justice system, but also cost the taxpayer money.
These new measures will strip away problem areas and deliver a
more efficient service.
"We all want a justice system that is efficient and fair. A
small number of cases are being unnecessarily delayed due to a
number of specialist lawyers lacking the resources and capacity to
provide timely advice to their clients and prepare cases for court."
The full response is outlined in the paper Response to
Consultation on Proposals to Manage Conflict of Interest and
Capacity Issues in Very High Cost Cases.
The policy will enable a trial judge to refer cases to the Legal
Services Commission (LSC), who oversee the legal aid contracts
paying lawyers in such cases, because of concerns over capacity.
The LSC could then ask the defendant to find a different lawyer.
The LSC will also be able to insist legal firms sign legal aid
contracts on one defendant per firm basis in cases with multiple
defendants and where charges of conspiracy have been brought.
This will remove the potential for a conflict of interest to
unfairly affect either defendant's case or cause the case to
collapse, at great expense to the Criminal Justice System.
Following consultation with the judiciary, the legal professions
and the LSC, original proposals have been modified so the
responsibility for terminating any contract lies with the LSC.
This recognises the legal independence of the trial judge, but
still meets the intended aim to assist the judge in efficiently
managing the trial process. It is anticipated any potential issues
would be identified and addressed during pre-trial hearings.
The Ministry of Justice will also be working with senior judges
to provide guidance on managing court cases to avoid delays due to
lack of capacity by lawyers working on these lengthy cases.
Notes to Editors
1. Today, the Ministry of Justice has published the Response to
Consultation on Proposals to Manage Conflict of Interest and
Capacity Issues in Very High Cost Cases. The full paper can be
found at: http://www.justice.gov.uk/publications.htm
2. The DCA published the consultation paper, "Proposals to
create judicial powers to manage conflict of interest and capacity
issues in very high cost cases" on 4 August 2006. The
consultation closed on 27 October 2006. It can be found at: http://www.justice.gov.uk
3. Half of all crown court legal aid money is spent on just one
per cent of the cases.
http://www.justice.gov.uk