This consultation paper sets out the Government's proposals for a draft Bill to implement changes to the Criminal Defence Service (CDS) grant of the right to public funded representation in criminal court cases. The main provisions of the draft Bill relate to two measures: the transfer of responsibility for grant of criminal legal aid from the courts to the Legal Services Commission; and the re-introduction of a means test for criminal cases. The aim of the Bill is to ensure that the taxpayer gets best value for money from the CDS and to improve management control and consistency in the legal aid system and the way in which the fund is spent. The re-introduction of the means test seeks to focus resources on those that need help most. Responses should be received by 6 August 2004.

Following on from a consultation paper (Cm 6194, ISBN 0101619421) published in May 2004, the Bill sets out the Government's proposals to change the arrangements for the right to public funded representation in criminal court cases in England and Wales. It contains two key measures, relating to the transfer of responsibility for grant of criminal legal aid from the courts to the Legal Services Commission; and the re-introduction of a means test for criminal cases. The purpose of the Criminal Defence Service is to strike a balance between fairness to the individual and access to justice; and operational simplicity, transparency and sustainability.

The draft Bill, published as a consultation paper (Cm 6194, ISBN 0101619421) in May 2004, contains the Government's proposals for changes to the Criminal Defence Service (CDS) grant of the right to public funded representation in criminal court cases. Its two key provisions are the transfer of responsibility for grant of criminal legal aid from the courts to the Legal Services Commission (LSC); and the re-introduction of a means test for criminal cases. The Committee's report finds that the increase in CDS spending in recent years is unsustainable, and states its support for the underlying aim of the draft Bill to improve management control and consistency in the legal aid system and to focus resources on those that need help most. However, it highlights a number of areas where more work is required before the proposals can be finalised, including the need to ensure the measures comply with the UK's obligations under the European Convention on Human Rights, as well as the costs and practical difficulties of means testing and in transferring the grant to the LSC.

This consultation paper sets out the Government's proposals for reform of the law on defamation, aiming to achieve balance between protection of freedom of speech and the protection of reputation. The Government wants to ensure that the threat of libel proceedings is not used to frustrate robust scientific and academic debate, or to impede responsible investigative journalism and the valuable work undertaken by nongovernmental organisations. Issues included in the draft Bill are as follows: a new requirement that a statement must have caused substantial harm in order for it to be defamatory; a new statutory defence of responsible publication on matters of public interest; a statutory defence of truth (replacing the current common law defence of justification); a statutory defence of honest opinion (replacing the current common law defence of fair/honest comment); provisions updating and extending the circumstances in which the defences of absolute and qualified privilege are available; introduction of a single publication rule to prevent an action being brought in relation to publication of the same material by the same publisher after a one year limitation period has passed; action to address libel tourism by ensuring a court will not accept jurisdiction unless satisfied that England and Wales is clearly the most appropriate place to bring an action against someone who is not domiciled in the UK or an EU Member State; removal of the presumption in favour of jury trial, so that the judge would have a discretion to order jury trial where it is in the interests of justice.

Following on from a consultation paper (Cm 6194, ISBN 0101619421) published in May 2004, the Bill sets out the Government's proposals to change the arrangements for the right to public funded representation in criminal court cases in England and Wales. It contains two key measures, relating to the transfer of responsibility for grant of criminal legal aid from the courts to the Legal Services Commission; and the re-introduction of a means test for criminal cases. The purpose of the Criminal Defence Service is to strike a balance between fairness to the individual and access to justice; and operational simplicity, transparency and sustainability.

The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.