WIREDGOV

Consultations launched on payment of Crown Court defence costs

MINISTRY OF JUSTICE News Release (140/08) issued by COI News Distribution Service. 6 November 2008

Those found guilty of criminal offences may have to pay towards the cost of their defence the Government announced today as it published two consultation papers. One paper is a joint exercise with the Legal Services Commission consulting on the means testing of legal aid in the Crown Court, and the other is a Ministry of Justice consultation on the awards of costs from central funds in criminal cases.

There has long been concern that better off defendants are entitled to free legal aid in the Crown Court, despite being able to afford to contribute to their defence. The 'Means Testing and the Crown Court' consultation paper published today explores ways of recouping costs from comfortably off, convicted defendants who can afford to pay towards their defence.

Under proposals for a pilot covering five Crown Court areas everyone who is tried at a Crown Court will be offered legal aid, but those who fail the new means assessment and are found guilty will have to reimburse the taxpayer for the cost of their defence. Safeguards will remain in place so those defendants on benefits or low incomes, who make up a large proportion of those who appear before the Crown Court, will continue to receive free legal aid.

Funding for legal aid has risen unsustainably in the last 25 years and now stands at more than £2 billion a year. The median cost of defence in the Crown Court is £2,500. And in eighty five percent of cases costs are less than £5,000. There are around 117,000 legally aided defendants in Crown Court each year.

In the other consultation paper published today, the Ministry of Justice is consulting on possible reforms to the system of payment of acquitted defendants' legal costs:- The first option would mean that individuals who fail to apply for legal aid in Crown Court cases, and then instruct lawyers privately, would no longer be eligible for their legal costs from Central Funds if acquitted. The other option being considered is to cap Central Funds payments in all cases for acquitted defendants, including companies, to the relevant legal aid rates. The options are not mutually exclusive.

Announcing the consultations, Justice Minister Lord Bach said:

"The proposals set out in these consultation papers will fairly and effectively require all those defendants who are convicted and who can genuinely afford to pay some or all of their legal aid costs to do so.

"A number of people could afford to contribute to their defence in whole or in part in the Crown Court and the Government is committed to them doing so. It is right that convicted defendants who are able to pay for their legal costs should do so, rather than the taxpayer. This will allow us to focus our limited resources on helping those individuals who most need it."

Carolyn Regan, Chief Executive of the Legal Services Commission said:

"Means testing is a part of our commitment to deliver a sustainable legal aid system. We are moving forward with Crown Court means testing in a steady, measured way, by consulting closely with the judiciary, the courts and the profession.

"The proposed scheme will be as straightforward as possible and will cause the minimum of disruption to the judicial process.

"We will be listening carefully to the views of providers, on the proposals and the design of the future scheme."

The consultation lasts 12 weeks until 29 January 2009. Responses should be made to:

Annette Cowell
Criminal Legal Aid Strategy Division
Ministry of Justice
5th Floor
102 Petty France
London SW1H 9AJ

Notes to Editors:

1. Copies of the consultation papers are available from the Ministry of Justice websites http://www.justice.gov.uk/publications/crown-court-means-testing.htm http://www.justice.gov.uk/publications/award-costs-central-funds.htm

2. More background information can also be found at the Legal Services Commissions website http://www.legalservices.gov.uk/criminal/getting_legal_aid/proposed_means_testing_crown_court.asp

3. Press queries should be made to the MoJ press office on 0203 334 35 36.