Possible reform for C&E legal after bungled trials

BUTTERFIELD: prosecutions may be switched to new authority

Customs & Excise's 360-strong legal department faces swingeing reform - with its prosecutors potentially hived off to an independent body - in the wake of a report following bungled trials.

Mr Justice Butterfield's report recommended that prosecutions should be switched to a newdiscrete authority, and that the number of investigation legal advisers (ILAs) at Customs should be substantially increased.

Although these two roles currently carried out by Customs lawyers were clearly defined and ring-fenced following another critical report in 1991, Mr Justice Butterfield said: 'I have concluded that these changes do not go far enough.'

The report recommended that the ILAs should be subject to the Crown Prosecution Service Inspectorate, and that consideration be given to transferring responsibility for the ILAs away from Customs to the Economic Secretary to the Treasury.

A Treasury spokesman said: 'We have accepted all the recommendations.' He added that more detailed plans for implementation would be considered in the autumn.

The report arose from the Customs' conduct of alleged duty evasion cases relating to bonded warehouses last year.

Customs withdrew from a retrial it precipitated against Michael Villiers, who had overturned a conviction for conspiracy to evade duty because of the Crown's failure to disclose information.

Matthew Frankland, a partner with City niche fraud firm Byrne & Partners, acted for Mr Villiers.

He said: 'This affair...

has brought about the judge's recommendation that an independent body be created to prosecute future Customs cases.

It seems impossible to justify the continued relationship between Customs solicitors and investigating officers.'

Customs' 360-strong legal department, with 128 lawyers, is split between London and Manchester.

Jeremy Fleming