LSC and courts to claw back convicted criminal defendants' costs

The Legal Services Commission and the Courts Service have launched a pilot scheme which will see those convicted being made liable for their legal fees if they can afford it.

The scheme, entitled Crown Court Means Testing, will be trialled at the Crown Courts in Blackfriars, Bradford, Norwich, Preston and Swansea, as well as their associated magistrates courts.

It is anticipated that approximately 25% of defendants will be required to contribute to their defence costs, saving the Legal Aid budget £50m per year. National roll-out of the scheme is due to begin in April this year.

Lord Bach, Minister for Legal Aid, said: “It’s always been right that those who are convicted of a criminal offence and who can genuinely afford to should contribute to their legal representation. After the successful introduction of means testing in the magistrates’ courts, it is now being introduced in the Crown Court. Any savings made will help us deliver more funds to target those most in need.”

Meanwhile, the Law Society is to bring judicial review proceedings to try to block the cap on recoverable costs by acquitted defendants introduced in October last year, which limits recoverable legal costs for privately-funded defendants to the equivalent legal aid rates.