THE trial of Elliot Morley could become a "test case" for MPs facing trial, according to law experts.

The Scunthorpe MP said his lawyers will decide whether the 17th century law can be used in his defence over charges of false accounting.

Parliamentary privilege offers legal protection to MPs in certain circumstances, and it includes the notion that the courts should not interfere with the proceedings of parliament.

Max Gold, senior partner at Hull-based Max Gold Law, said: "Parliamentary privilege was initially established to protect free speech within the House of Commons and the House of Lords.

"The intent was to avoid dictatorship, not to give MPs freedom from criminal liability, however the law becomes quite unclear when parliamentary privilege is extended to parliamentary proceedings."

Mr Gold said Mr Morley could use the defence, and that the case could have ramifications far beyond the current expenses scandal.

He said: "Any defence attorney worth his salt will use anything at their disposal to successfully defend their client.

"As far as I'm aware parliamentary privilege has only ever been used in matters regarding freedom of speech, so this could become a test case, which if used successfully, could be raised in many years to come by MPs in criminal cases."

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