Open date: 30 August 2007
Close date: 21 November 2007
Responses published: 10 September 2008
This consultation sought views on proposals to make changes to the Recovery of Defence Costs Order scheme to ensure it is as effective as possible.
Recovery of Defence Costs Orders were introduced in the Crown Court and the Court of Appeal in April 2001 following the abolition of the means test. The Access to Justice Act 1999 provided a power where at the end of the case, if the defendant is convicted, the court may, subject to regulations, make an order requiring the individual to pay all or some of the costs incurred in defending him or her.
Consultation paper
The aim of the consultation was to ensure that those defendants who can pay towards the cost of their defence do so, and to ensure that judges can make Recovery of Defence Costs Orders in appropriate cases, which are recoverable.
Comments were not sought on the underlying policy of Recovery of Defence Costs Orders against a means testing policy nor on how to better recover legal costs against the conflicting priorities of other financial orders.
- Consultation paper [PDF 0.76mb, 41 pages]
- Summary of questions [Word 0.05mb, 2 pages]
Responses
There were eleven responses to the consultation, and these were generally positive toward all of the proposals and supported the purpose of the changes. Following the responses the department accepted a number of proposed amendments to the regulations and made several of the amendments, which included an explicit link between means and a Recovery of Defence Costs Order and to include appeals against sentence in the Crown Court.
- Response to consultation [PDF 0.10mb, 21 pages]
Contact details
Further copies of the consultation paper can be obtained by contacting the address below:
David Stobie
Ministry of Justice
Criminal Legal Aid Strategy Division
3rd Floor, Selborne House
Victoria Street
London
SW1E 6QW
Tel: 020 7210 8062
