Britannia Radio

Barrister dispute 'could hit major trials'

PA
Thursday, 11 September 2008

A wrangle over legal aid rates which had threatened to delay the start
of the trial of a 17-year-old accused of murdering Rhys Jones could
affect scores of other big criminal court cases, it was reported today.

The pay dispute has hit at least five so-called "Very High Cost Cases",
including the Rhys Jones murder trial, and could disrupt or delay dozens
more unless it is settled quickly, according to The Times.

The problem has arisen because just three QCs in England and Wales have
signed up to a panel of lawyers who have agreed to work for a fixed fee
on Very High Cost Cases, even though there are on average around 120 of
these trials each year.

Barristers are boycotting the panel, set up by the Government's Legal
Services Commission (LSC), in protest at the rates of pay offered, which
start at £70 an hour for a junior barrister and £91 for a QC.

A spokesman for the Ministry of Justice said it was unlikely that Very
High Cost Cases would be delayed because of a lack of suitable
barristers.

But Peter Lodder, QC, chair of the Criminal Bar Association, told The
Times that judges may be forced to release defendants if the row is not
resolved quickly.

Trials involving defendants held in custody can only be delayed up to
112 days between their committal and trial. Courts have the option of
releasing defendants on bail but in serious cases there is a greater
risk that they would abscond, he said.

While the Rhys Jones trial was settled after the LSC made an exception
and agreed to revert to the old pay structure for the defendant's QC, Mr
Lodder said other trials due to start soon were at risk.

A Ministry of Justice spokesman said the panel, which was established
following a competitive tender, was part of "a balanced package of
reforms to put the legal aid budget as a whole on a sustainable footing,
which was well understood by the Bar".

He said: "Our reforms are about ensuring the long-term sustainability
and the future of legal aid. We want to get the best value for money
from the system so that we can help as many people as possible within
the resources available."

He added that a working group whose members include the Ministry of
Justice, the Bar Council and the Law Society had been set up to make
proposals for the next Very High Cost Cases scheme.

The group is expected to announce its proposals shortly.

http://www.independ ent.co.uk/ news/uk/home- news/barrister- dispute-could-
hit-major-trials- 925829.html