§ 63. Mr. Douglas-Mannasked the Attorney-General in what circumstances part of the costs incurred by the representatives of defendants in criminal proceedings may be disallowed on the grounds of the manner in which the case has been conducted.
§ The Attorney-General (Mr. S. C. Silkin)A taxing officer may properly disallow an item of expenditure claimed by a defendant's legal representative if, in the exercise of his judicial discretion, he considers that it was not reasonable to incur that expenditure. The taxing officer, in exercising his discretion, is expected to have regard to any directions given by the court.
§ Mr. Douglas-MannIs my right hon. and learned Friend aware that in a recent case Mr. Justice Melford Stevenson reduced the costs allowed to solicitors and counsel by one-third, and that this is widely regarded as being a punishment for their having criticised and attacked police evidence, on the instructions of their clients? Is he further aware that it is not infrequent that such attacks on particular aspects of police evidence are justified, even in cases where the defendants are found guilty? Does he realise that in criminal proceedings legal advisers frequently advise their clients not to press such attacks and that, as a consequence of Mr. Justice Melford Stevenson's decision, it will be much more difficult in future to persuade a client that such advice is impartial?
§ The Attorney-GeneralI understand that the solicitors involved have intimated that they will appeal to a taxing master. It follows that, much as I would like to answer my hon. Friend's question, this is a matter which is sub judice.