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Move to halt fraud trial overturned Court of Appeal overturns move to halt fraud trial
(35 minutes later)
A decision to halt a multimillion-pound fraud trial because of a lack of legal aid barristers has been overturned by the Court of Appeal.A decision to halt a multimillion-pound fraud trial because of a lack of legal aid barristers has been overturned by the Court of Appeal.
Three judges quashed a ruling made after the prime minister's brother, Alex Cameron QC, argued the defendants would not get a fair trial due to cuts.Three judges quashed a ruling made after the prime minister's brother, Alex Cameron QC, argued the defendants would not get a fair trial due to cuts.
Many barristers in England and Wales are refusing to take on complex cases because of 30% cuts to their fees.Many barristers in England and Wales are refusing to take on complex cases because of 30% cuts to their fees.
Judge Sir Brian Leveson said the row was standing in the way of justice.Judge Sir Brian Leveson said the row was standing in the way of justice.
In delivering the court's ruling, he urged the Ministry of Justice and Justice Secretary Chris Grayling to work with the legal profession to resolve the current standoff. Delivering the court's ruling, he urged the Ministry of Justice and Justice Secretary Chris Grayling to work with the legal profession to end the current standoff.
"The maintenance of a criminal justice system of which we can be proud depends on a sensible resolution," he said.
'Thriving cadre''Thriving cadre'
Sir Brian Leveson said the industry needed the best possible advocates to ensure trials were fair, efficient and avoided potential miscarriages of justice.
It was critical that there remained a "thriving cadre of advocates" capable of undertaking all types of publicly-funded work, he added.
In May at Southwark Crown Court, Judge Anthony Leonard QC stopped the prosecution of the five men accused of a massive land-related scam after hearing that no senior barristers would take on the case.In May at Southwark Crown Court, Judge Anthony Leonard QC stopped the prosecution of the five men accused of a massive land-related scam after hearing that no senior barristers would take on the case.
Mr Cameron, who worked on the bid to halt the trial free of charge, had argued the controversial Ministry of Justice reforms involving cuts to legal aid would prevent the defendants finding barristers of "sufficient competence". Mr Cameron, who worked on the bid to halt the trial free of charge, argued the controversial MoJ reforms involving cuts to legal aid would prevent the defendants finding barristers of "sufficient competence".
Judge Leonard said at the time of his ruling that the defence had made "very substantial... but unsuccessful" efforts to find barristers to fight the defendants' case. Judge Leonard said at the time of his ruling to halt the trial that the defence had made "very substantial... but unsuccessful" efforts to find barristers to fight the defendants' case.
But city watchdog the Financial Conduct Authority (FCA) then urged appeal judges Sir Brian Leveson, Lord Justice Davis and Lord Justice Treacy to overturn Judge Leonard's decision.But city watchdog the Financial Conduct Authority (FCA) then urged appeal judges Sir Brian Leveson, Lord Justice Davis and Lord Justice Treacy to overturn Judge Leonard's decision.
During the appeal, counsel for Mr Grayling said emergency measures were being pursued to ensure the government would recruit more public defenders if self-employed barristers continued to refuse to take on very high-cost cases.During the appeal, counsel for Mr Grayling said emergency measures were being pursued to ensure the government would recruit more public defenders if self-employed barristers continued to refuse to take on very high-cost cases.
The decision to halt the original trial had implications for similar major prosecutions - but the Court of Appeal said on Wednesday that the judge had acted incorrectly.
'Delivery of justice''Delivery of justice'
In its judgement, the court said that the correct course of action should have been to postpone the trial while further searches for suitable barristers continued. The decision to halt the trial in May had implications for similar major prosecutions - but the Court of Appeal said on Wednesday that the judge had acted incorrectly.
Delivering Wednesday's ruling, Sir Brian Leveson, president of the Queen's Bench Division, said the trial should be relisted. In its judgement, the court said the correct course of action should have been to postpone the trial while further searches for suitable barristers continued.
He said the Court of Appeal could not and should not get involved in the row between ministers and criminal barristers over how much they are paid. But he stressed that the court believed that it was essential that a "thriving cadre" of advocates should be available to cover all sorts of cases. Delivering Wednesday's decision, Sir Brian Leveson, president of the Queen's Bench Division, said the trial should be relisted.
He urged the Ministry of Justice and the Bar to resolve the impasse. He said the Court of Appeal could not and should not get involved in the row between ministers and criminal barristers over pay, but stressed it was essential advocates should be available to cover all sorts of cases.
Sir Brian Leveson said the Southwark judge had been wrong to find that there was no realistic prospect of the fraud case defendants finding competent advocates who would have sufficient time to prepare.Sir Brian Leveson said the Southwark judge had been wrong to find that there was no realistic prospect of the fraud case defendants finding competent advocates who would have sufficient time to prepare.
"We are not saying that there could not come a time when it may be appropriate to order that this indictment be stayed," he said."We are not saying that there could not come a time when it may be appropriate to order that this indictment be stayed," he said.
"That time however remains very much in the future and problems about representation will have to be developed considerably before such an exceptional order could be justified.""That time however remains very much in the future and problems about representation will have to be developed considerably before such an exceptional order could be justified."
He added that the criminal justice system needed the best possible advocates to ensure trials were fair, efficient and avoided potential miscarriages of justice.
"We have no doubt that it is critical that there remains a thriving cadre of advocates capable of undertaking all types of publicly-funded work," he said.
"In those circumstances, it is of fundamental importance that the MOJ led by the Lord Chancellor, and the professions continue to try to resolve the impasse that presently stands in the way of the delivery of justice in the most complex of cases.
"The maintenance of a criminal justice system of which we can be proud depends on a sensible resolution."