'Don't try it on', warns Woolf, over Human Rights Act

Solicitors taking 'far-fetched and impractical' points under the Human Rights Act 1998 will find little tolerance among the judiciary and will bring the Act into disrepute, the newly appointed Lord Chief Justice, Lord Woolf, warned this week.Lord Woolf fired his warning shot across the profession's bow in his first press conference following the swearing-in ceremony for his new role.

He replaces Lord Bingham who took up his role as the senior Lord of Appeal in Ordinary - the most senior law lord - this week.

Lord Phillips of Worth Matravers will replace Lord Woolf as Master of the Rolls on 1 October.According to Lord Woolf, proper use of the Act, which comes into force in October, would make it a 'force for good' in providing protections for the public to which it was entitled.

However, 'impractical and far-fetched arguments, with little or no chance of success, would bring the Act into disrepute and squander court resources', he said.Although not expecting an avalanche of applications under the Act because of a 'responsible profession', Lord Woolf said he did expect that some people would initially be encouraged to 'try it on'.

The courts would not tolerate bad points being taken, he said.Lord Woolf also voiced strong support for the government's controversial Mode of Trial Bill (No 2), which would see the removal of a defendant's automatic right to opt for a jury trial in either way offences.

He said he had confidence in the ability of magistrates to decide on the correct venue for trial and in the safeguards afforded by a process of appeal against their decision.However, Lord Woolf said he had no fixed view on the issue of changes to the rule against double jeopardy - which prohibits a defendant being tried twice for a crime.

While he welcomed a review of the rule, he said any meddling with the existing system should be done cautiously.

Sue Allen