Follow along with the video below to see how to install our site as a web app on your home screen.
Note: This feature may not be available in some browsers.
Subscribers do not see these advertisements
How long is it to the next general election?
The Ministry of Justice plan to implement a new costs recovery system from October 2009. Under new rules any defendant acquitted of an offence in the Magistrates' Court will only be reimbursed at prevailing legal aid rates regardless of the level of costs they paid to their lawyers.
This proposed rule change will undoubtedly mean that many defendants will accept wrongful prosecutions for commercial reasons. The Association of Motor Offence Lawyers (of which I am President) see thousands of convictions each year in the Magistrates' Court that should never occur due to misunderstanding of technical points concerning motoring legislation. If a defendant wishes to clear their name, they often have to take their case to the Crown Court. This can be an expensive process for which legal aid is unavailable which many will not embark upon with the knowledge that even when they win their appeal, they will lose the majority of the legal fees they spend in the process.
The costs savings the government are seeing to make could be made by examining and improving other ineffective processes within the court system. It is not fair to pass yet another expense onto the public.
Subscribers do not see these advertisements
Basically try it out on the already screwed easy target the motorist, then work it in elsewhere.
One of the points I made is that it isn't trying it out on the already screwed easy target the motorist. The change doesn't just apply to motorists.
It's the fact that the petition and press release give that impression that makes me very suspicious of the motives behind the petition.
Graham
I agree, but isn't it better that a few lawyers get overpaid rather than our basic premise of innocent until proven guilty is eroded unless you can afford to defend the action and risk it costing you more than the original and possibly unjust fine / sentence. Be it motoring or any other defence you care to mount.
And besides if they do get overpaid they will give back 40% of it in income tax anyway so the state is on a win win as usual.
Biggles
There have often been criticisms that the entitlement to legal aid is set at the wrong level but, whilst it definitely bears scutiny, that is a different matter.
Subscribers do not see these advertisements
How long is it to the next general election?
That would be because it was kept a tad quiet and away from us, the unwashed and unworthy until such time as it HAD to be brought to the fore.It is also worth noting that the government consultation paper - Award of costs from Central Funds in criminal cases - Ministry of Justice - was published on 6 November last year with a closing date of 29 January this year - and yet it is only now, with the changes imminent, that this petition is being publicised.
Subscribers do not see these advertisements
According to the Ministry of Justice, the age old principle of 'the loser pays' has been costing the government too much money.
just goes to show, the CPS are 'pushing' some cases they dont have much chance of winning.
is this an excersize on their part just to keep prosocution figures up?
You old cynic