UK To Stop Wealthy Defendants Seeking Legal Aid

by Robin Pilgrim, LawAndTax-News.com, London

05 October 2006

The UK government on Monday introduced new rules that will stop wealthy defendants using public money to pay for their defence costs in criminal cases.

The introduction of the simple financial test will put an end to legal aid being granted to high earners including Premiership footballers, and ensure that legal aid is given to those who need it most.

Legal Aid Minister Vera Baird QC observed that:

"The legal aid system must provide fair justice at a fair price. It is right that those who can afford to pay for their own defence should do so, not the taxpayer. The new measures will ensure that money is focused on the most vulnerable who cannot afford to pay for a lawyer."

The new regulations will see the existing 'interests of justice' test supplemented by a financial eligibility test which will largely be carried out by court staff using an on-line application system.

Those who are under 16 years-old (or under 18 and in full-time education) will automatically pass the financial eligibility test, as will those on unemployment benefits. Remaining applications will be assessed using a formula which weighs total gross income against affordability based on family commitments and size of household.

Defendants with an adjusted gross income of more than GBP20,740 will not be eligible for legal aid, whilst those whose adjusted gross income is under GBP11,590 will be eligible. Those applicants whose adjusted gross income falls between the two thresholds will be subject to a more rigorous assessment that will consider housing, child care and maintenance costs.

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