Guilty face paying defence costs

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Comfortably-off defendants who are convicted of a significant crime could repay their state-funded defence.

The government says it wants to means-test defendants appearing in Crown Court cases and could run pilots in five areas of England and Wales.

Ministers say the £2bn annual bill for legal aid - state help for people before the courts - is unsustainable.

Defendants are already means-tested to recover costs if they are convicted of minor offences at magistrates' courts.

The proposals come as the government wants to contain what is sees as excessive legal aid costs which have risen by 20% in real terms since 1997.

The Ministry of Justice says that a magistrates costs recovery scheme has already saved £65m.

COURT COSTS £2bn annual legal aid bill Most cases cost £2,500 85% cost less than £5,000117,000 legally-aided defendants a year

Under the proposals, the same rules would cover defendants facing more serious charges in crown cases.

The proposed pilot would see defendants due to appear before crown court offered legal aid. Those who are later found guilty would be asked to repay the costs of the defence after conviction. Safeguards would remain in place for defendants on benefits or low incomes, said the Ministry of Justice.

Four out of 10 defendants in crown court earn less than £10,000 a year, according to tentative government research. A quarter of those appearing before juries earn more than £20,000 - with just 6% of those earning over £40,000.

The Ministry of Justice thinks that one in four of legally-aided defendants at crown court would not be eligible for support if their case was heard at magistrates.

Cap proposed

In a second, linked, consultation ministers say they could end or cap pay-outs to defendants who fund their own defence and are subsequently acquitted.

The Legal Services Commission administers payments for court costs. Earlier in November, unions predicted that cuts to its budget would lead to 600 job losses around the country.

Justice Minister Lord Bach said: "The proposals set out in these consultation papers will fairly and effectively require all those defendants who are convicted and who can genuinely afford to pay some or all of their legal aid costs to do so.

"A number of people could afford to contribute to their defence in whole or in part in the Crown Court and the Government is committed to them doing so.

"It is right that convicted defendants who are able to pay for their legal costs should do so, rather than the taxpayer. This will allow us to focus our limited resources on helping those individuals who most need it."

But many barristers have opposed attempts to cut legal aid costs, saying they are damaging to justice.

In the most recent row, barristers refused to sign contracts to cap rates at £91 an hour for the most serious and lengthy criminal trials.