Ford publishes proposals to recover Crown Court legal aid costs

Justice Minister David Ford has published for consultation proposals to recover legal aid costs from wealthy defendants in the Crown court.
~ Friday, 3 February 2012

Publishing the consultation, David Ford said that defendants who have sufficient means to pay for the costs of their legal representation in Crown Court cases should be required to do so upon conviction.

He said: “Legal aid costs in Northern Ireland are amongst the highest in the UK and I am determined to reduce spending where possible.

“I believe that where there are defendants in the Crown Court who can afford to pay for the costs of their defence they should be required to do so upon conviction.”

The Minister stressed that the proposals will be targeted at those who can afford to pay and will not affect those of modest means.

David Ford continued: “This is not about penalising those of modest means but will be targeted at those defendants who are convicted and can clearly afford to pay for their own representation.”

The consultation period closes on 27 April 2012.

Notes to editors:

1. The consultation paper launched on 3 February 2012. The consultation will run for a period of twelve weeks and responses are sought by 27 April 2012

2. This consultation paper proposes the introduction of a scheme that would enable the Court to make Recovery of Defence Costs Orders against wealthy defendants who have been convicted of an offence or offences in the Crown Court.

3. Download the consultation paper here

People who want to respond to the consultation paper, or ask further questions should contact:

Public Legal Services Division
Access to Justice Directorate
Department of Justice
3rd Floor, Bedford House
16-22 Bedford Street
Belfast BT2 7FD
Tel: 028 9041 2355/2241
Text phone: 028 9052 7668
Fax: 028 9041 2357
Email: Jim.Millar@courtsni.gov.uk

4. Recovery of Defence Costs Orders

Section 81 of the Justice Act (Northern Ireland) 2011, not yet commenced, provides for an amendment to Legal Aid, Advice and Assistance (Northern Ireland) Order 1981 by inserting Article 33A.

Article 33A provides the power for the court to make an order requiring a person who has been granted a criminal legal aid certificate to pay some or all of the cost of legal aid incurred to the date of the order.

Article 33A provides for the making of rules to carry the provisions into effect and this consultation relates to the proposed rules.

It is proposed that the rules will apply to the Crown Court only. It is proposed that the Commission will have the power to apply to the court for such orders on conviction of a defendant. The court will have power to make an order up to a maximum amount of the full cost of the representation incurred under the criminal aid certificate.

5. All media enquiries should be directed to the Department of Justice Press Office on 028 9052 6444. Out of office hours please contact the duty press officer via pager number 07699 715440