Peers warned of Crime Bill's threat to justice system
21 January 2008
The Bar Council and the Criminal Bar Association have set out to the House of Lords their concerns over the controversial Criminal Justice and Immigration Bill.
The Bill seeks to amend the test applied by the Court of Appeal when considering an appeal against conviction including cases where there has been an abuse of the investigative or prosecution process. The Bill also proposes to extend the powers of non-legally qualified case workers to conduct trials for serious offences (punishable by imprisonment) in magistrates’ courts.
A briefing has been sent to key Peers in advance of tomorrow’s crucial Second Reading debate on the proposals.
Sally O’Neill QC, Chair of the Criminal Bar Association, said:
‘Clause 105 of the Bill would extend the role of Designated Case Workers, many of whom are non-legally qualified employees of the Crown Prosecution Service, to conduct contested cases in the Magistrates’ Courts.
‘Such a move would not be in the public interest, and would undermine the operation of the courts. Cases involving contested facts, issues of law, and serious allegations with imprisonment as a possibility , should be conducted by properly qualified advocates who are subject to independent regulation otherwise there will be an increased risk of miscarriages of justice.’
Commenting on the Bill, the Chairman of the Bar, Tim Dutton QC, said:
‘Clause 42 attempts to amend the test applied by the Court of Appeal when considering an appeal against conviction. It is in part unnecessary and undesirable because it will alter the role of the Court of Appeal from a court of review to a tribunal of fact. It does not recognise the way in which the rules of criminal appeals currently operate. It will increase cost and delay, both of which are the enemies of an effective system of appeal.
‘The Bar Council wishes to see a thorough debate in the House of Lords commensurate with the gravity of the proposed changes to the justice system. We were disappointed that a guillotine on the debate meant that these issues were not debated in the House of Commons at Report Stage. We hope that careful consideration will be given to proposals which will have far-reaching consequences.'
