Peer appeals for costs change after Yorkshire farmer cleared over shooting

RULES limiting the ability of innocent defendeats to reclaim their legal costs is encouraging 'sloppy' practices among prosecutors, a Yorkshire peer has claimed.
Lord Kirkhope of HarrogateLord Kirkhope of Harrogate
Lord Kirkhope of Harrogate

Lord Kirkhope urged the Government to change rules which prevented Yorkshire farmer Kenneth Hugill recovering his costs after successfully defending himself against a charge of grevious bodily harm.

Mr Hugill, 83, was cleared last week over the shooting of a convicted burglar in the foot on his land.

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Lord Kirkhope told peers: “How can we reconcile the presumption of innocence and an acquittal with the fact that claiming the legal costs incurred to maintain innocence is no longer normally possible?”

The former Home Office minister said the present situation was “not only a deterrent to innocent parties defending themselves but it is also a positive encouragment to sloppy preparation and decision taking by the prosecuting authorities”.

Responding for the Government, Lord Keen, the Government’s Ministry of Justice spokesman in the Lords, said Mr Hugill had been offered legal aid but declined it.

“Had he accepted the offer of legal aid he would have been required to make a relatively modest contribution. He would have been able to recover that contribution upon being acquitted.

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“However, the individual in question decided not to accept the offer of legal aid and instead instructed lawyers privately.

“In those circumstances he was not eligible for recovery of costs,” he said.

He confirmed the Government is carrying out a review of the rules.

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