Proceeding contribution from Bridget Prentice (Labour) in the House of Commons on Tuesday, 13 December 2005. It occurred during Debate on bill on Criminal Defence Service Bill [HL].
Criminal Defence Service Bill [Lords]
My hon. and learned Friend makes an important point. We think that the Bill might well screen out more than 10 to 20 per cent. of applications—perhaps up to 30 per cent. of applications. I am happy to reiterate her important point that the calibre of magistrates courts’ staff is high. As I said, they already carry out similar work at the moment and that is likely to continue. The proposed Crown court scheme will use a combination of powers within existing legislation and new powers under the Bill. Applicants for legal aid in the Crown court will be assessed on financial eligibility as well as the interests of justice. In contrast to the magistrates court scheme, individuals who fail the means test will still be eligible for legal aid. However, they will be expected to contribute towards the cost of their defence. Another notable difference between the magistrates court and Crown court schemes is the proposed capital test, under which liquid assets in excess of £8,000 held in cash accounts at bank and building societies are the subject of a single, one-off contribution. As with the magistrates court scheme, aggregation of means is a feature of that model. The Government propose a phased introduction in which the magistrates court scheme is introduced first and allowed to bed in before the Crown court scheme is launched.
Secondary information
- Type
- Proceeding contribution
- Reference
- 440 c1243
- Session
- 2005-06
- Chamber / Committee
- House of Commons chamber
- Subjects
- Access Criminal proceedings Courts Applications Administration Assets Criminal Defence Service Finance Legal aid scheme Eligibility Income Legal representation Legal Services Commission Legal costs Powers Means-tested benefits Solicitors
- Legislation
- Criminal Defence Service Bill (HL) 2005-06
- Link
- View this Proceeding contribution on www.publications.parliament.uk
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