Bar attacks jury trial reform

Barristers will challenge government plans to reform defendants' right to chose jury trials in criminal cases, the Bar Council chairman told delegates at the profession's annual conference last weekend.

David Bean QC, of London-based Matrix chambers, told barristers that 'where necessary we shall lobby to change the [proposed] Bills.

We have done this on a number of occasions in the past.

Indeed, we seem to be getting the hang of it.'

The bar will resist government proposals to reduce jury trials in serious fraud and young offender trials, and cases where the judge believes that there is a risk of the jury being bribed or intimidated.

Mr Bean also said the Bar Council must address the issue of funding for students hoping to join the profession, or the bar faces 'serious danger' in the future.

Of the funding problems at the junior bar, Mr Bean said some barristers have a complacent attitude: 'They say "anyone who really wants to come to the bar will find a way".' The amount raised in financial assistance from the bar averages 2,000 per student, whereas the fees for the bar course stand at about 10,000.

Mr Bean said the unique structure of the bar called for 'a unique solution' to the funding problem to be found.

A Bar Council committee also raised concerns about the safety of lawyers and judges in courts, following a series of recent attacks.

Robin Allen QC told a press conference that matters were particularly bad at Central London County Court, where there was a 'problem waiting to explode'.

Mr Bean criticised the 'pedestrian crossing' attitude taken to safety.

'These are traditionally installed where a fatal accident has occurred, but until then you won't get a pedestrian crossing,' he complained.

Leading academic Professor Michael Zander of the London School of Economics slated the government over White Paper proposals to put the defence under a duty to disclose unused witness reports.

He told Home Office minister Lord Falconer at the conference that criminal defence solicitors would be faced with the 'outrageous' task of second-guessing what might be in the reports before they went ahead.

'They will have to say, "I don't think it is worth the risk because it might go wrong and explode in our faces", 'he warned.

Professor Zander also criticised other 'ill-conceived' proposals such as changes to the Police and Criminal Evidence Act 1984.

'I deplore the way this government proceeds in reforming the criminal justice system,' he said.

Paula Rohan and Jeremy Fleming