Clause 1 - Grant of rights to representation
Criminal Defence Service Bill [Lords]
11:00 am
David Heath (Shadow Secretary of State for Constitutional Affairs & Shadow Leader of the House, Law Officers (Constitutional Affairs); Somerton and Frome, Liberal Democrat)
I support the views of the hon. Member for Huntingdon. I can foresee situations in which the circumstances of the defendant may change or a matter may arise during court proceedings that necessitates representation in the interests of justice, or where the court is not satisfied that the defendant is able to represent himself or herself adequately to allow justice to be done. It would seem absurd for that matter to be referred back to the Legal Services Commission rather than dealt with expeditiously by the court itself. The residual power therefore seems appropriate. It would be used only in exceptional circumstances, but nevertheless it would prevent unnecessary delay and improve the efficiency and expedition of court proceedings.