Judges could sack defence lawyers under DCA plan

Latest move to curb lengthy cases in England and Wales draws fire

News, 10 August 2006

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Criminal defence lawyers in England and Wales have protested after it emerged that the government plans to enable trial judges to dismiss defence teams in excessively long cases.

The Department for Constitutional Affairs proposals were published without press announcement six days ago and would apply to all cases lasting 41 days or more. If the judge believed that the barristers and solicitors instructed were unable to cope with the volume of work in handling such a large case, the judge would have the power to order the lawyers to stop working on the case.

An order could also be made if there appeared to be a risk of conflict of interest where lawyers acted for more than one accused.

The move is the latest idea from the DCA to limit the cost of major cases such as long-running terrorist and fraud trials, some of which have taken over two years to come to trial.

The power is intended to be used mainly, but not solely, at pre-trial stage. The accused would have three weeks to instruct another lawyer, who would have to be someone not already involved in the case.

Defence lawyers said that the plans threatened the basic right of a suspect to choose their own lawyers and that any problems could be dealt with by professional rules.

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