XN000022-1993-03-31 — Page 45

WEDNESDAY, MARCH 31, 1993

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"I WOULD LIKE TO SEE THE FIGURE SUBSTANTIALLY RAISED IN THE COMING YEARS. I AM CONFIDENT THAT THE DEVELOPMENT POSTS SCHEME WILL ASSIST IN ACHIEVING THIS GOAD, HE SAID.

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BOTH SCHEMES WOULD ВЕ REVIEWED DEPARTMENTAL WORKING GROUP.

THIS YEAR BY AN

INTER-

MR MATHEWS ALSO EXPLAINED THE CRITERIA AND PROCEDURE FOR BRIEFING LEGAL WORK OUT AND THE WAY IN WHICH FEES WERE MONITORED AND CONTROLLED.

HE SAID THE MAJORITY OF CASES PROSECUTIONS.

BRIEFED OUT WERE CRIMINAL

THE DIRECTOR OF PUBLIC PROSECUTIONS KEPT LISTS OF BARRISTERS WHO HAD EXPRESSED INTEREST IN UNDERTAKING PROSECUTIONS WORK FOR CROWN AND WHO WERE CONSIDERED TO HAVE THE NECESSARY ABILITY EXPERIENCE AT THE RELEVANT LEVEL.

THE

AND

WHEN A CASE WAS TO BE BRIEFED OUT, THE NORMAL PROCEDURE WAS CHOOSE COUNSEL ON THE BASIS OF ROTATION AND AVAILABILITY.

TO

OCCASIONALLY, COUNSEL, WOULD ALSO BE SELECTED BECAUSE OF HIS HER SPECIAL EXPERTISE IN A PARTICULAR AREA, SUCH AS COMMERCIAL CRIME.

OR

IN

MR MATHEWS SAID THE FEES PAYABLE IN PROSECUTIONS CASES WERE MOST CASES SUBJECT TO A SCALE WHICH APPLIED EQUALLY TO THE LEGAL DEPARTMENT AND THE LEGAL AID DEPARTMENT AND WHICH HAD BEEN APPROVED BY THE FINANCE COMMITTEE.

THESE SCALE FEES WERE SOMETIMES INCREASED WHERE THE CASE IN QUESTION MERITED IT.

ATTRACT

"FOR EXAMPLE, A MAJOR FRAUD CASE IN THE HIGH COURT MAY FEES ABOVE SCALE FEES, PARTICULARLY IF PROSECUTED BY LEADING COUNSEL.

"IT IS RARE FOR FEES TO BE INCREASED IN THE MAGISTRACY BUT OCCASIONALLY THIS HAPPENS IN THE DISTRICT COURT WHERE THE OFFENCE IS SERIOUS AND THE TRIAL IS LONG AND COMPLEX. THE APPROVAL OF THE DIRECTOR OF PUBLIC PROSECUTIONS IS REQUIRED FOR ANY DEPARTURE FROM THE SCALE FEES," HE SAID.

WHO WERE

THE CROWN SOLICITOR ALSO KEPT A LIST OF BARRISTERS WILLING ΤΟ ACCEPT INSTRUCTIONS FROM THE CROWN IN RESPECT OF CIVIL MATTERS.

COUNSEL WISHING TO BE INCLUDED IN THIS LIST WERE ASKED TO STATE THEIR AREAS OF PRACTICE AND THEIR USUAL LEVEL OF FEES.

THEY WERE THEN SELECTED FOR INCLUSION ON THE LIST ON THE BASIS

OF THEIR ABILITY, EXPERIENCE AND LEVEL OF FEES.

BECAUSE OF THE COMPARATIVELY SMALL AMOUNT OF CIVIL WORK BRIEFED OUT AND ITS OFTEN HIGHLY SPECIALISED NATURE, IT WAS NOT PRACTICABLE TO BRIEF CIVIL WORK OUT TO COUNSEL ON THE LIST ON A ROTATION BASIS.

/RATHER, THE