Mixed reaction to proposed bills

Proposals in last week's Queen's Speech to push ahead with the criminal justice Bill and the housing Bill - including the introduction of sellers' packs - have been met by serious reservations from legal groups.

The Law Society opposed the abolition of the right to elect jury trials in serious or complex fraud trials, removing the right to elect jury trials in cases involving children and young people, and plans to allow disclosure of previous convictions.

The Society said it would not oppose the abolition of double jeopardy, as the criminal justice White Paper included safeguards to protect against abuse of process.

Bar Council vice-chairman Mattias Kelly QC said cutting back on jury trials would undermine public confidence in the justice system.

The Bar Council is opposed to the abolition of the double jeopardy rule, and disclosure of previous convictions and hearsay evidence.

Mr Kelly said: 'We are going down the road to telling those investigating crimes: "Give vent to all your prejudices and forget the evidence."'

An Institute of Legal Executives statement said: 'There is a real danger that arrests and conviction will be made on the basis of previous bad character rather than evidence.'

On double jeopardy, Legal Action Group director Karen McKay said that knowing the Court of Appeal had given permission for a case to be reheard would make it impossible to have a fair retrial.

Despite the Law Society's concerns, chief executive Janet Paraskeva said: 'We welcome the fact that the government appears to have listened to, and responded to, many of the concerns raised...

during the consultation process.' She added that compulsory sellers' packs are expensive and will soon be outdated by e-conveyancing.

She also highlighted serious problems with the anti-social behaviour Bill: 'Anti-social behaviour is a very real and serious problem facing many communities, which needs to be tackled.

But giving landlords extra powers to evict would simply move the problem to a new community.'

But the Law Society was pleased that the mental health Bill was dropped from the Queen's Speech, even though the Home Office later said that the government remains committed to redrafting it.

President Carolyn Kirby said: 'The draft mental health Bill is fundamentally flawed and unworkable - we are pleased that the government appears to have listened.'

Jeremy Fleming