The Ministry of Justice (MoJ) published its response to the legal aid means test review last week. Setting out measures due to come into force within the next two years, it said an extra six million people would be able to access legal aid as a result and pledged an additional £25m for legal aid per year.
The upper gross income threshold will rise from £22,325 to £34,950 for magistrates’ court representation, and from £31,884 to £34,950 for civil legal aid.
The ‘innocence tax’, under which innocent people accused of a crime have to pay for their own defence, will end—instead, everyone will be eligible for legal aid to defend themselves in the Crown Court. However, the Bar Council pointed out that those who pay for their own defence will not be reimbursed if found innocent.
Legal aid will be available to anyone under the age of 18, and to parents challenging certain medical decisions such as withdrawal of their child’s life support.
Domestic abuse victims on universal credit and seeking a protective order will no longer face a means test.
Nick Vineall KC, chair of the Bar Council, said the extension was ‘welcome as it means fewer people are excluded from access to justice, but these are slow steps of progress.
‘It has already been a year since the proposals were made and we are concerned that the changes announced will now take up to two years to be implemented.
‘In the interim, the thresholds have not been increased. The changes in relation to victims of domestic abuse are overdue, but particularly welcome. Victims and survivors of domestic abuse should not be subject to a test for legal aid.’
Law Society president Lubna Shuja said: ‘Means test eligibility has not been updated in line with inflation since 2009 despite prices having risen by 40%.
‘While the increased thresholds are welcome, we are disappointed the government is only uprating the gross income thresholds to 2019 prices, which are already out of date as the cost-of-living crisis causes prices to spiral.’
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