Forced legal team change scheme

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The Ministry of Justice (MoJ) will allow judges to ask the Legal Services Commission (LSC) to replace lawyers who cause delays to court cases in England and Wales.

The Lord Chancellor, Lord Falconer of Thoroton, said the moves would apply where a law firm may not have the capacity to cope with a case or where representing more than one client in a trial might lead to a conflict of interest.

It will apply to what are termed "very high cost cases" which are expected to last 41 days or more, such as terrorism or complex frauds.

Lord Falconer said: "Trials that take too long not only reduce public confidence in the criminal justice system, but also cost the taxpayer money. These new measures will strip away problem areas and deliver a more efficient service.

"A small number of cases are being unnecessarily delayed due to a number of specialist lawyers lacking the resources and capacity to provide timely advice to their clients and prepare cases for court."

The plans, first published in a consultation paper last summer, can be introduced without further legislation being required.

Trial judges will be able to refer cases to the LSC - the quango which controls the purse strings for legal aid payments.

Such moves would probably take place before a trial commences, and the LSC could then ask a defendant to find a different lawyer, an MoJ spokesman said.

In the consultation, six out of 13 respondents questioned whether the moves would threaten a defendant's right to a fair trial. For example, could the judge remain impartial while intervening in a defendant's choice of lawyer, some commentators asked. Half of all legal aid in the Crown Court is spent on just 1% of cases.