Law Society hails victory against plans to make the innocent pay their own defence costs

16 June 2010

The Law Society today hailed its resounding victory in defeating the previous government's plans to make acquitted defendants pay most of the costs of their own defence.

The judgment - handed down today by Lord Justice Elias and Mr Justice Keith - has ruled unlawful an attempt by the previous Lord Chancellor, Jack Straw, to cap the costs paid to people acquitted in criminal cases.

Commenting on the judgment, Law Society President Robert Heslett said:

"This is a great victory for the Society on behalf of innocent people who have been prosecuted by the state. The High Court's ruling strikes down the previous Lord Chancellor's plans, which would have meant that many people who were ineligible for legal aid and who were acquitted could have been seriously out of pocket because of the limits on the costs that they could recover.

"This was entirely at odds with the accepted principles of justice. It was quite wrong for the previous government to devise such a scheme and I am delighted that the court has struck it down.

"The Society is pleased to have been able to champion the rights of the individual in this way so that people who are wrongly accused of offences to recover the reasonable costs of clearing their name. As the High Court said, this attempted change to the law was of 'some constitutional moment' and we are delighted that this policy cannot now continue.

Law Society Chief Executive Desmond Hudson added:

"Opposition to this policy was a key plank of the Society's Manifesto Delivering Justice in the run up to the general election and opposed by the Conservatives and Liberal Democrats when in Opposition. We are glad that this policy has been halted in its tracks. We recognise that there are severe financial constraints on the Ministry of Justice budget but we would urge the government not to seek to overturn this judgment.

"Unnecessary and inappropriate prosecutions should be avoided so that innocent people are not forced to go through the trauma and cost of trial process in the first place. Government should look at the system as a whole and we are keen to work with them on this."

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