§ Mr. Campbell-Savoursasked the Attorney-General (1) how many Queen's Counsel he has removed from his approved list of prosecution barristers during his tenure of office; and for what reason in each case;
(2) what procedures he adopts when removing Queen's Counsel from his approved list of prosecution barristers; whether he informs them in advance of his intention to do so; and whether he gives them an opportunity to make representations on their own behalf if they so wish;
(3) what remedy is available to Queen's Counsel aggrieved by their removal from his approved list of prosecution barristers by way of appeal against his decision.
The Solicitor-GeneralThe Attorney-General has been responsible for nominating prosecuting counsel for cases conducted by Government Departments with prosecution functions or by the office of the Director of Public Prosecutions with the greater proportion always emanating from the latter. For this purpose, it has long been the practice to maintain lists of approved counsel or, in some cases, panels of standing counsel.
In so far as they related to the DPP, these arrangements were revised in 1986, after full consultation with the Bar, to take account of the establishment of the Crown Prosecution Service. The Crown Prosecution Service is now responsible for the maintenance of lists of counsel for each circuit which are submitted to the Attorney-General for approval. Nothing short of total loss of confidence by the CPS centrally or a complete breakdown of the instructing solicitor-counsel relationship is regarded as sufficient to justify removal from the CPS lists. The arrangements made with the Bar is that, where any such situation is considered to have arisen, counsel is to be informed that consideration is being given to the removal of his name from the lists, together with the reason, and he is to be invited, if he wishes, to make written representations to the CPS committees responsible for the circuit lists in question.
In the event of counsel's name being removed, he may seek a review of the decision by the head of field management and, if still dissatisfied and provided he has the support of the leader of the circuit, a further review by the Director of Public Prosecutions personally.
The arrangements apply to both leading and junior counsel.
550WSo far as prosecuting counsel instructed by other Government Departments are concerned, my right hon. and learned Friend applies similar criteria to the composition of the relevant lists and to the appointment of standing counsel.
There have been only two occasions during the tenure of office of my right hon. and learned Friend the Attorney-General when he has removed the name of leading counsel from a prosecution list. In each case the reason was loss of confidence in the light of counsel's performance.