Move to shorten criminal trials
The Lord Chancellor will today unveil plans to cap the length of criminal trials in an attempt to reduce the money spent on criminal legal aid.
Although the total legal aid budget has soared to over £2 billion a year since Labour came to power, much of this has been eaten up in criminal cases, reducing the money available for civil legal aid.
Lord Falconer is today expected to announce that judges will take tighter control of cases from the beginning and specify at the start how long a case would last. Lawyers would then be paid for that time only – even if the trial overruns.
Of particular importance to the Government is reforming the procedures for fraud trials.
Lord Falconer said: “These cases represent one of the largest demands on the legal aid fund. Too many fraud cases are too long and never reach a conclusion.
“Our fairer deal for legal aid will deliver better and more effective ways of paying the defence to encourage the most efficient way of trying these cases in a fair way. And there will be a more focused presentation of the case by the prosecution. Payment should reward lawyers whose cases finish within a reasonable time estimate, made in conjunction with the judge.”
He also indicated the Government’s determination to revive proposals to dispense with jury trials for some lengthy fraud trials, saying plainly: “And for those serious fraud trials that do demand a lengthy and complex trial, there will be alternatives to jury trial.”
Any move away from jury trial will be highly controversial on Labour’s backbenches, but ministers believe it is necessary to prevent cases collapsing.
In March, the £60 million Jubilee Line extension fraud trial collapsed after 21 months after jury members said they were either unable or unwilling to go on any longer.
But the Bar Council – which represents barristers – are unhappy at the suggestion that their members are responsible for long trials. Bar Council chairman Guy Mansfield QC said that the current payment system failed to reflect the preparation put in by barristers and in actuality many were paid less per hour than plumbers.
Mark Oaten, the Liberal Democrat home affairs spokesman, said it was crucial to ensure that the proposals did not lead to rushed cases.
Mr Oaten said: “It is right to ensure that victims, witnesses and defendants are not subjected to undue pressure, but rushed justice may not be fair justice.
“Legal cases should be conducted on the basis of thorough process not clock-watching.”
