Lawyers worry over justice as courts introduce new charges

In a controversial new scheme, Bradford Crown Court and some magistrates courts in West Yorkshire are among the first in England to introduce a new scheme that cuts the number of people getting legal aid.

Lawyers representing trade unions say the scheme could lead to some people admitting to minor crimes rather than risk potentially-costly trials that they may lose.

They say that people on modest incomes may end up paying high legal costs which may deter them from opting to have their cases go to trial.

The Ministry of Justice believes the scheme could save 50m in legal aid payments every year.

Last year, legal aid helped a record number of people, providing legal support in almost three million civil and criminal cases, nearly double the rate in 2005/06.

Means testing will ensure that those people who cannot pay for their defence will continue to receive free legal aid, according to the Government.

About 25 per cent of defendants may have to contribute to their costs.

Lord Bach, Minister for Legal Aid, welcomed the scheme: "It's always been right that those who are convicted of a criminal offence and who can genuinely afford to should contribute to their legal representation.

"After the successful introduction of means testing in the magistrates' courts, it is now being introduced in the Crown Court.

"Any savings made will help us deliver more funds to target those most in need.

"We have been working with legal professionals to ensure a smooth introduction of the system and are confident the wider roll-out of the scheme during the year will deliver significant savings to the legal aid budget."

Carolyn Regan, chief executive of the Legal Services Commission, said: "Legal aid is in place to ensure that those who face real hardship have access to the justice system and get the help they need.

"While demand for legal aid continues to rise, legal aid costs have stabilised to deliver the best possible value for public money, while continuing to provide legal advice and representation for as many people as possible."

From today, five Crown Courts, including Bradford, and 23 magistrates' courts will introduce a new means test for defendants in criminal cases.

All applications for a representation order or notice of appeal that start at these 23 magistrates' courts, will be subject to means testing.

West Yorkshire magistrates' courts in the scheme are Bradford, Halifax, Huddersfield, Bingley and Skipton.

Courts not in the list will continue with existing arrangements until the national roll-out of the changes, scheduled to start in April.

One firm of solicitors, Thompsons, which represents thousands of trade unionists accused of work-related crimes, said last year that it feared that the scheme would lead to people either choosing not to be represented or to pleading guilty to crimes rather than facing trial.

The Government says that the income threshold for the scheme has been set so that "only those who truly can afford to contribute towards their defence costs (and who are guilty) will pay".

The Legal Services Committee said there was a "hardship route" that safeguarded those defendants who believed they cannot afford to meet the legal costs imposed by a Contribution Order.