Tuesday, 22 December 2009

Law Society doesn't like it!

Basically the Govt got rid of means testing in the Crown Court which meant that a lot more defendants will be 'privately paying'. Which means that if they are lucky enough to be acquitted they might get their privately paying costs out of central funds (i.e. the Govt) such that there was no point means testing the innocent in the first place. So the Govt have reduced the rates you can get out of central funds to legal aid rates only. And the Law Soc is not happy (not least because most legal aid firms are subsidised by every now and again winning a privately paying case and collecting proper rates from Central Funds):

Kingsley Napley has been instructed by the Law Society, with the support of the Police Federation, to begin proceedings against the Government with regard to a rule that took effect in October 2009 preventing acquitted defendants from recouping the full legal costs of defending themselves. Under the rule, those found not guilty can only claim back legal aid rates. The Society argues this will deter innocent people from seeking advice to clear their names and could lead to miscarriages of justice. It also accuses the Government of misusing "its powers for an improper purpose".




UPDATE - 11/1/10


SEE REVISED PRACTICE NOTE FROM LAW SOCIETY - MIGHT BE ABLE TO GET YOUR FULL COSTS FROM THE COURT?  


Read it here
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2 comments:

  1. Bystander3 January 2010 at 20:57

    I am to sit at Crown Court later this week, and I shall try to get some judicial views on the situation - off the record of course.

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  2. A Barrister in London4 January 2010 at 11:43

    Enjoy the Crown Court. See if you and your co-Magistrate can outvote the Circuit Judge - it's marvellous when a Circuit Judge has to announce his defeat at the hands of lay common sense.

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