Defendants may not use suspect cash to pay lawyers

PROCEEDS OF CRIME BILL: 'reasonable fees' move fails

A renewed attempt to allow defendants to pay for legal representation out of money which is suspected of coming from illegal sources was last week rejected by the government.

The Conservatives and Liberal Democrats both tabled amendments to the Proceeds of Crime Bill in the House of Lords so that defendants could apply for the release of money to pay reasonable legal expenses.

Tory spokeswoman Baroness Buscombe said the ban could force defendants to change representation mid-way through a case, and that they 'will have access only to those legal representatives who are prepared to carry out the work at publicly funded levels.

This will restrict the choice and quality of representation substantially'.

For the Liberal Democrats, Lord Goodhart said: 'There is no justification for removing the right of a defendant to use what at that stage is his own money.'

He said the reasonableness requirement could control the possibility that 'some crooked solicitors' may arrange to overcharge their client and then hand back the money by some 'devious route'.

However, Home Office minister Lord Bassam was unmoved by the concerns, which were first aired in the House of Commons.

He said research showed that 'substantial sums that should be available for confiscation were being dissipated on unnecessary legal expenses'.

Adding that legal aid would be available, Lord Bassam said: 'The only people who would benefit from the amendments would be defendants who wanted to reduce the amount available for confiscation and the less scrupulous element of the legal profession, which, of course, is very small in number.'

The amendments were withdrawn.

Neil Rose