MoJ proceed with Crown Court testing

The Ministry of Justice announced this week that it will proceed with proposals outlined in its consultation paper, Crown Court Means Testing. This means defendants will 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.

Justice Minister Lord Bach says: “We have been listening to those involved in the criminal justice system and the general public, who in the majority support this approach...The reforms we are making to legal aid are part of our promise to deliver real help now to those most in need, while developing an economically sustainable system that ensures fair and equitable access to all.”

However, legal campaign group JUSTICE condemned the plans for “undermining the principle of innocent until proven guilty”. Senior legal officer Sally Ireland says: “Innocent people should not suffer financially because the
state has decided to prosecute them. Defendants should only pay costs once they are convicted.”