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Convicted criminals can have cars seized under plan to cut legal aid bill Convicted criminals can have cars seized under plan to cut legal aid bill
(about 2 months later)
Convicted criminals who defy orders to contribute to their legal costs may have their cars seized by the Ministry of Justice and sold at auction from Tuesday.Convicted criminals who defy orders to contribute to their legal costs may have their cars seized by the Ministry of Justice and sold at auction from Tuesday.
The power enabling the government to recover what is likely to be more than £10m a year is aimed at reducing the cost of legal aid for taxpayers. Vehicles will be clamped then sold if no payment is made.The power enabling the government to recover what is likely to be more than £10m a year is aimed at reducing the cost of legal aid for taxpayers. Vehicles will be clamped then sold if no payment is made.
Means testing for defendants appearing at crown courts was introduced in January 2010. In the first instance, legal aid is granted to conduct defence cases, but if defendants are subsequently assessed as liable to pay they are given an income contribution order. However, the system has recovered only £9.6m of the £43.6m due – little more than 20% of the outstanding sum.Means testing for defendants appearing at crown courts was introduced in January 2010. In the first instance, legal aid is granted to conduct defence cases, but if defendants are subsequently assessed as liable to pay they are given an income contribution order. However, the system has recovered only £9.6m of the £43.6m due – little more than 20% of the outstanding sum.
Welcoming the Motor Vehicle Orders scheme, the justice secretary, Chris Grayling, said: "Convicted criminals have cheated innocent taxpayers for too long by dodging requirements to contribute to the legal costs of their defence. I am determined that where they can pay, they will pay. Legal aid is not free – it is taxpayers' money. We must bring down the cost of legal aid and our starting point has to be that law-abiding citizens don't foot the bill when those concerned could pay themselves.Welcoming the Motor Vehicle Orders scheme, the justice secretary, Chris Grayling, said: "Convicted criminals have cheated innocent taxpayers for too long by dodging requirements to contribute to the legal costs of their defence. I am determined that where they can pay, they will pay. Legal aid is not free – it is taxpayers' money. We must bring down the cost of legal aid and our starting point has to be that law-abiding citizens don't foot the bill when those concerned could pay themselves.
" With £34m owed to taxpayers from the last three years alone, it's time to get tough. I am clear – you can't avoid paying your legal aid bill and expect to keep a fancy car on the driveway."" With £34m owed to taxpayers from the last three years alone, it's time to get tough. I am clear – you can't avoid paying your legal aid bill and expect to keep a fancy car on the driveway."
The measures will allow the Legal Aid Agency to apply to clamp any vehicles identified as belonging to the defendant. After conviction, the agency can go back to court for permission to sell the car and use the money to settle unpaid legal aid costs.The measures will allow the Legal Aid Agency to apply to clamp any vehicles identified as belonging to the defendant. After conviction, the agency can go back to court for permission to sell the car and use the money to settle unpaid legal aid costs.
The means testing formula is complicated and includes the valuation of defendants' assets and disposable income and whether they have any financial dependants.The means testing formula is complicated and includes the valuation of defendants' assets and disposable income and whether they have any financial dependants.
The MoJ says that too many people had been evading their responsibility by refusing to co-operate with attempts to assess their income or the value of any financial assets they may have.The MoJ says that too many people had been evading their responsibility by refusing to co-operate with attempts to assess their income or the value of any financial assets they may have.
Under separate proposals, currently out for consultation, the MoJ is considering whether to introduce a threshold for legal aid under which criminal defendants found to have disposable household incomes of more than £37,500 a year would not be entitled to any legal aid at all.Under separate proposals, currently out for consultation, the MoJ is considering whether to introduce a threshold for legal aid under which criminal defendants found to have disposable household incomes of more than £37,500 a year would not be entitled to any legal aid at all.
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