Legal News

Tories plan £200 levy for all defendants convicted in courts
Tue 2nd Mar 10 - 10:03

As featured in the Messenger, North West Law, Tuesday 2nd March 2010.

Every defendant convicted in a criminal court would have to pay a levy of £200 under plans being put forward by the Conservatives, The Times has learnt.

Dominic Grieve, the Shadow Justice Secretary, said that a levy or a fixed fee could raise £80 million a year towards the costs of bringing criminals to court.

Mr Grieve also also indicated that he would favour scrapping the Legal Services Commission, the quango that runs the legal aid scheme in England and Wales, which costs £125 million to run. "It seems to me that if someone goes through the court process and is convicted, then it is perfectly acceptable to send out the message that the prosecution and defence costs money — and this fixed fee would do that," he said.

The levy would have to be set at a reasonable level, so that those on the lowest incomes were not unable to pay, Mr Grieve told The Times. It would apply even to those on benefits, but would not to every case; minor motoring offences or fixed penalties would be exempt. It would only apply where defendants were granted legal aid, which would mean more serious cases that carry a risk of a serious penalty.

The Legal Services Commission was criticised last week by the Commons Public Accounts Committee as "not fit for purpose". Mr Grieve said: "The evidence suggests it is not producing value for money and so will be part of our quango review."

He is looking at a scheme to reap some of the interest earned on clients' money held by solicitors in their firms' accounts: in France, this brings in about £300 million.

The Conservative plans for the annual £2.1 billion legal aid budget come as concerns are mounting among judges over government plans to curb the costs.

The Lord Chief Justice, Lord Judge, is concerned about measures to bring in means-testing in the criminal courts to ensure that defendants who can afford to pay towards their legal costs do so.

Meanwhile, the 600-strong Council of Circuit Judges has warned that measures, confirmed by ministers last week, for curbs on legal aid for judicial review challenges are not in the public interest.

Steve Hynes, of the campaigning organisation Legal Action Group, said that the proposal for a fixed fee for all defendants sounded like "a headline-grabber".

"The courts would end up much of the time having to stop the money out of a defendant's benefits, hitting their innocent dependants and creating an administrative nightmare," he said.

Andrew Cowan, Criminal Solicitor at Ralli comments:

"The usual application for prosecution costs in respect of a guilty plea is presently around £85, and where a fine is imposed, a further £15 "victims' surcharge" (which is paid into a fund aimed at helping improve services for victims of crime, not to the particular victim in a case).

The proposed £200 figure therefore appears excessive in the case of a defendant who pleads guilty. When a trial takes place, the prosecution can apply for whatever reasonable costs it has incurred, to reflect the number of hearings and length of trial. Magistrates consider a defendant's financial circumstances and make an appropriate order.

Steve Hynes raises a good point regarding the knock on effect on dependents of defendants who receive benefits. Whilst Mr Grieve believes that a statutory tax on convicted defendants is "perfectly acceptable," the Courts must be allowed some discretion to take account of a defendant's particular circumstances."