*/
Means testing is to be introduced in the Crown Court from 2010.
The Ministry of Justice (“MoJ”) has said it will trial proposals outlined in its consultation paper, “Crown Court means testing” in five courts in January. Under these proposals, defendants would pay legal aid contributions if they have annual disposable income of more than £3,398, capital assets of more than £3,000, or £30,000 of equity in their homes.
If acquitted, the money would be paid back with interest. Acquitted defendants who do not qualify for legal aid or want to pay privately will no longer be able to recover all of their costs.
Adrian Chaplin, secretary, Criminal Bar Association (“CBA”), said: “The CBA continues to have reservations over the levels at which defendants will be required to make contributions, and also has concerns relating to the proposals for recovery of defendant’s costs in privately funded defences. “The MoJ’s proposals are that successful privately funded defendants will only be able to recover costs up to legal aid rates. Before the proposed changes, a privately funded defendant would only have been entitled to recover reasonable costs that were properly incurred. The CBA is of the view that there is no need to change that test.”
Legal campaign group Justice condemned the plans for “undermining the principle of innocent until proven guilty”.
Senior legal officer Sally Ireland said: “Innocent people and their families should not suffer financially because the state has decided to prosecute them. Defendants should only pay costs once they are convicted.”
A spokesperson for the Bar Council expressed “concern that the proposed cut off from entitlement to public funding is set at a level which excludess, partially or totally too great a proportion of Crown Court defendants and this will cause hardship.
“There is concern that the costs of administering the scheme have been understated and therefore, the proposed savings figures are over optimistic.”
The Ministry of Justice (“MoJ”) has said it will trial proposals outlined in its consultation paper, “Crown Court means testing” in five courts in January. Under these proposals, defendants would pay legal aid contributions if they have annual disposable income of more than £3,398, capital assets of more than £3,000, or £30,000 of equity in their homes.
If acquitted, the money would be paid back with interest. Acquitted defendants who do not qualify for legal aid or want to pay privately will no longer be able to recover all of their costs.
Adrian Chaplin, secretary, Criminal Bar Association (“CBA”), said: “The CBA continues to have reservations over the levels at which defendants will be required to make contributions, and also has concerns relating to the proposals for recovery of defendant’s costs in privately funded defences. “The MoJ’s proposals are that successful privately funded defendants will only be able to recover costs up to legal aid rates. Before the proposed changes, a privately funded defendant would only have been entitled to recover reasonable costs that were properly incurred. The CBA is of the view that there is no need to change that test.”
Legal campaign group Justice condemned the plans for “undermining the principle of innocent until proven guilty”.
Senior legal officer Sally Ireland said: “Innocent people and their families should not suffer financially because the state has decided to prosecute them. Defendants should only pay costs once they are convicted.”
A spokesperson for the Bar Council expressed “concern that the proposed cut off from entitlement to public funding is set at a level which excludess, partially or totally too great a proportion of Crown Court defendants and this will cause hardship.
“There is concern that the costs of administering the scheme have been understated and therefore, the proposed savings figures are over optimistic.”
Means testing is to be introduced in the Crown Court from 2010.
The Chair of the Bar reports back
Susie Griffin on the admin that keeps barristers from billable work
Clement Cowley, Partner at The Penny Group, explains how global events can influence the performance of pensions and ISAs, and why taking a long-term approach to investing is often the most effective strategy
Mário Barroso, Head of R&D and Method Development at AlphaBiolabs, discusses what family law professionals need to know about hallucinogens, from the main hallucinogenic drugs encountered in family proceedings, to their effects and the testing options available
Harmony Christian Ministries is the latest charity to benefit from a £500 donation from AlphaBiolabs via the company’s Giving Back initiative
By David Green
At the start of her term, Chair of the Bar 2026 Kirsty Brimelow KC set out a series of priorities for the year ahead. One of those priorities was children in the justice system
As the world becomes more digital, Barbara Vinagre Mota examines international research into the mental health consequences of judges’ exposure to graphic and immersive evidence, highlighting the importance of support systems
In an era of patient-centred care and growing concern over misconduct in medical settings, why do women still lack the right to choose women consultants for examination and treatment? Charles Davey investigates
Reviewed by Daniel Barnett
James McNeill Whistler at Tate Britain until 27 September Rothko in Florence at Palazzo Strozzi until 23 August Reviewed by Stephen Cragg KC
