MoJ in drive to recover unpaid criminal legal aid

Convicted offenders should pay back the full costs of their defence, justice secretary Chris Grayling said today as he announced new proposals aimed at cutting the over 80 per cent of criminal legal aid costs which are currently uncollected.

The “robust action” proposed by the Ministry of Justice will tighten rules governing the Crown Court means testing scheme.

Grayling said measures would include “seizing assets, such as cars, from criminals who attempt to evade paying back these fees by hiding income and savings”.

Crown Court proceedings absorb about £700m a year out of the overall £1.1bn criminal legal aid budget.

The “robust action” proposed by the Ministry of Justice will tighten rules governing the Crown Court means testing scheme.

Crown Court proceedings absorb about £700m a year out of the overall £1.1bn criminal legal aid budget.

“The effectiveness of the Crown Court means testing scheme hinges on the ability to assess an individual’s liability to a contribution order accurately and, subsequently, to collect and enforce such contributions in a timely manner”, said Lord McNally (pictured) in the introduction to the consultation.

Key changes would include the requirement to provide supporting evidence of eligibility at the same time as the application for legal aid is made, and empower the Legal Services Commission to lift the initial income contribution order if it appears that the defendant’s earnings are above the eligibility threshold.

Introduced in magistrates courts in 2006, means testing was extended to the Crown Court in 2010.

Under the current Crown Court means testing scheme all defendants who submit a completed application form are granted legal aid, although they may be required to make a contribution to their costs depending on their individual wealth.

Defendants with an annual disposable income of more than £3,398, capital assets of over £3,000, or £30,000 of equity in their homes must pay legal aid contributions as their case proceeds.

If a defendant is liable to contribute to the cost of his defence, he will be issued with an Income Contribution Order.

If convicted, they may be liable to pay any outstanding defence costs from their capital assets through a Capital Contribution Order.

If acquitted, the defendant will be refunded any income contributions.

Enforcement measures would include clamping orders in respect of vehicles owned by convicted defendants, and the possibility for the LSC to seize defendants’ earnings following conviction.

The consultation closes on 11 December.