*/
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.
Sam Townend KC explains the Bar Council’s efforts towards ensuring a bright future for the profession
Giovanni D’Avola explores the issue of over-citation of unreported cases and the ‘added value’ elements of a law report
Louise Crush explores the key points and opportunities for tax efficiency
Westgate Wealth Management Ltd is a Partner Practice of FTSE 100 company St. James’s Place – one of the top UK Wealth Management firms. We offer a holistic service of distinct quality, integrity, and excellence with the aim to build a professional and valuable relationship with our clients, helping to provide them with security now, prosperity in the future and the highest standard of service in all of our dealings.
Is now the time to review your financial position, having reached a career milestone? asks Louise Crush
If you were to host a dinner party with 10 guests, and you asked them to explain what financial planning is and how it differs to financial advice, you’d receive 10 different answers. The variety of answers highlights the ongoing need to clarify and promote the value of financial planning.
Most of us like to think we would risk our career in order to meet our ethical obligations, so why have so many lawyers failed to hold the line? asks Flora Page
If your current practice environment is bringing you down, seek a new one. However daunting the change, it will be worth it, says Anon Barrister
Creating advocacy opportunities for juniors is now the expectation but not always easy to put into effect. Tom Mitcheson KC distils developing best practice from the Patents Court initiative already bearing fruit
Sam Townend KC explains the Bar Council’s efforts towards ensuring a bright future for the profession
The long-running fee-paid judicial pensions saga continues. The current cut-off date for giving notice of election to join FPJPS is 31 March 2024, and that date now gives rise to a serious problem, warns HH John Platt