Part of Petition – in the House of Commons at 2:47 pm on 17 January 1997.
I shall deal in correspondence with the general point as to what extent disciplinary procedures would be available in an extreme case.
My right hon. and learned Friend the Attorney-General has raised the case with the head of the Court Service. He in turn, together with the service's senior managers, has looked to see what steps can be taken to prevent the overuse of floating trials. The practice of floating cases involving a large number of witnesses and occurring on several occasions is contrary to guidelines. Three points in the guidelines are: floaters should be short and uncomplicated cases; they should involve few witnesses and no expert witnesses; and, if they are not reached on the first day they are listed, they should receive priority in subsequent listing arrangements. In light of this case, the head of the Court Service has re-emphasised the need for the guidance to be followed.
My right hon. and learned Friend has also contacted the leader of the northern circuit Bar to express his concern at the contribution that the change of prosecuting counsel had made to the unsatisfactory outcome of the case. The heads of chambers have been reminded of the need to ensure that the number of returned briefs is kept to an absolute minimum. More generally, the CPS, in liaison with the Bar, has issued service standards on returned briefs that are designed to ensure continuity of counsel throughout a case—something that was sadly lacking in the current case. The fundamental principle of the service standards is that the advocate who is instructed initially should conduct the case.
Finally, the Court Service and the CPS are arranging a conference for staff at senior levels to agree general principles, processes and mechanisms to ensure that cases are handled properly. That will take place on 3 February and, I hope that it will help to prevent a recurrence of this unfortunate episode.