This article is from the source 'guardian' and was first published or seen on . It last changed over 40 days ago and won't be checked again for changes.
You can find the current article at its original source at http://www.theguardian.com/law/2014/may/21/fraud-trial-legal-aid-ruling-overturned-appeal-court
The article has changed 4 times. There is an RSS feed of changes available.
| Version 0 | Version 1 |
|---|---|
| Fraud trial legal aid ruling overturned by appeal court | Fraud trial legal aid ruling overturned by appeal court |
| (35 minutes later) | |
| A £4.5m fraud trial halted due to disputes over legal aid cuts has been restarted after the court of appeal ruled that the defendants could receive a fair trial. | A £4.5m fraud trial halted due to disputes over legal aid cuts has been restarted after the court of appeal ruled that the defendants could receive a fair trial. |
| The ruling is a setback for the prime minister's brother, Alexander Cameron QC, who represented the men but will come as a relief to the justice secretary, Chris Grayling. | The ruling is a setback for the prime minister's brother, Alexander Cameron QC, who represented the men but will come as a relief to the justice secretary, Chris Grayling. |
| Overturning a stay put on the alleged land bank fraud case, the court stressed it could not become involved in the industrial confrontation between barristers and the minister. | |
| "The criminal justice system in this country requires the highest quality advocates both to prosecute and defend those accused of crime," said the senior judge, Sir Brian Leveson. | "The criminal justice system in this country requires the highest quality advocates both to prosecute and defend those accused of crime," said the senior judge, Sir Brian Leveson. |
| "It is of fundamental importance that the MoJ [Ministry of Justice] led by [Grayling] and the professions continue to try to resolve the impasse that currently stands in the way of the delivery of justice in the most complex cases." | "It is of fundamental importance that the MoJ [Ministry of Justice] led by [Grayling] and the professions continue to try to resolve the impasse that currently stands in the way of the delivery of justice in the most complex cases." |
| Lawyers for the justice secretary had intervened in an emergency appeal in an attempt to resolve the dispute over legal aid cuts that has halted all complex fraud trials. | Lawyers for the justice secretary had intervened in an emergency appeal in an attempt to resolve the dispute over legal aid cuts that has halted all complex fraud trials. |
| Earlier this month, a judge at Southwark crown court ruled that the trial should be abandoned because the defendants were inadequately represented and would not therefore receive a fair trial. | |
| Barristers with specialist experience in such complex cases, known as Very High Cost Cases (VHCC), are boycotting new instructions in protest at the MoJ's imposition of 30% cuts in legal aid fees. | Barristers with specialist experience in such complex cases, known as Very High Cost Cases (VHCC), are boycotting new instructions in protest at the MoJ's imposition of 30% cuts in legal aid fees. |
| Three judges, including Sir Brian Leveson, heard arguments about whether the fraud case, R v Crawley and others, should remain 'stayed' or be reactivated. | Three judges, including Sir Brian Leveson, heard arguments about whether the fraud case, R v Crawley and others, should remain 'stayed' or be reactivated. |
| At least another eight major fraud trials have been thrown into doubt while the dispute between criminal barristers and the MoJ continues. | At least another eight major fraud trials have been thrown into doubt while the dispute between criminal barristers and the MoJ continues. |
| The defendants in the case, who maintain they would not receive a fair trial, were represented on a pro-bono basis by Cameron. | |
| The MoJ maintains that the legal aid bill is too high and must be reduced. It has argued that its newly expanded public defender service will provide adequate representation for the defendants in R v Crawley. | The MoJ maintains that the legal aid bill is too high and must be reduced. It has argued that its newly expanded public defender service will provide adequate representation for the defendants in R v Crawley. |
| The appeal was brought by the Financial Conduct Authority, which is prosecuting the case. | |
| The case will be restarted at Southwark crown court but there may still be difficulties in obtaining sufficiently qualified barristers from the npublic defender service. | |
| NEW | |
| Although the three court of appeal judges, Sir Brian Leveson, Lord Justice Davis and Lord Justice Treacy, emphasised their reluctance to become involved in the dispute, their final comments may provide some comfort for barristers opposed to deep cuts in legal aid. | |
| Despite overturning the stay and ruling that Judge Leonard at Southwark Crown Court had erred in law, the judges implied that the trial may only have been halted prematurely. | |
| "We are not saying that there could not come a time when it may be appropriate to order that this indictment be stayed," they said. Their representation would still have to be assessed. | |
| Skilled advocates were necessary to enable the justice system to function and become judges in future, they added. | |
| "The better the advocates, the easier it is to concentrate on the real issue in the case, the more expeditious the hearing and the better the prospects of true verdicts according to the evidence. | |
| "... 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..." | |
| Lee Adams, a solicitor advocate who will represent the defendants at the reactivated crown court trial, said: "Our justice system is widely regarded internationally as one of the best. It relies on healthy competition between advocates to bring about the fairest result for everyone involved. | |
| "Despite the court's political neutrality, this decision unfortunately does much to hurt that principle and will be relied on by a government seemingly hell bent on looking tough on crime whatever the cost to justice. We are considering what steps are now best for our clients." |