Employed prosecuting advocates: conflicts of interest involving the Government
Mr Edward Garnier
Mr Dominic Crieve
Mr John M. Taylor
Mr Tony Baldry
Mr Laurence Robertson
Mr Nick Hawkins
NC16
*To move the following Clause:—
'. In the Courts and Legal Service Act 1990, after section 31B (inserted by section 32 above) insert—
| "Duty to instruct independent advocate to prosecute certain cases. | 31C.—(1) An advocate employed as a Crown Prosecutor or in Crown employment shall not be instructed by a public prosecuting authority as an advocate to prosecute in any criminal proceedings where, in the opinion of that authority or of the court dealing with the proceedings, the interests of justice require that the case be prosecuted by an advocate in independent practice.
(2) In particular, the interests of justice are to be treated as requiring the instruction of an advocate in independent practice if the authority or the court considers that—
(a) the case raises, or seems likely to raise, issues of political sensitivity for the government, any member of the Government or any Government department;
(b) issues arise, or seem likely to arise, as to the withholding of documents on the grounds that disclosure would be injurious to the public interest;
(c) the case involves, or seems likely to involve, some other significant conflict of interest affecting the Government, any member of the government or any Government department.
(3) In this section—
'advocate in independent practice' means an advocate not in Crown employment; and
'Crown employment' means employment under or for the purposes of a Government department or a body exercising functions on behalf of the Crown.".'.
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NEW SCHEDULE
Mr Edward Garnier
Mr Dominic Grieve
Mr John M. Taylor
Mr Tony Baldry
Mr Laurence Robertson
Mr Nick Hawkins
NS1
*To move the following Schedule:—
'SCHEDULE
Community Legal Service
The Community Legal Service shall fund the following categories of case involving personal injuries—
(a) cases for vulnerable clients (children and patients);
(b) cases where overall costs are likely to exceed £25,000;
(c) cases where the costs of investigation are likely to exceed £3,000;
(d) cases involving novel points of law;
(f) cases involving the wider public interest;
(h) pharmaceutical claims;
(i) industrial disease cases;
(j) product liability cases;
(l) claims to the CICA or MIB (untraced drivers) or other similar bodies;
(m) cases involving two or more experts on liability or causation;
(n) complex cases where the damages are very substantial; and
(o) cases where adequate insurance is not available after the event to the client at an affordable price.'.
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