Clause 2 - Rights to representation: financial eligibility
Criminal Defence Service Bill [Lords]
11:15 am
Bridget Prentice (Parliamentary Under-Secretary, Department for Constitutional Affairs; Lewisham East, Labour)
I beg to move Government amendment No. 2, in clause 2, page 3, line 16, at end insert—
'(ba) provision for the review of such decisions;'.
We are proceeding swiftly, and I can be briefer still because this amendment goes hand in hand with our previous one. It sits entirely logically with Government amendment No. which retains the power in paragraph 4 of schedule 3 of the Access to Justice Act 1999, because both amendments concern the appeals review mechanism.
I have outlined in detail why the Government seek to introduce the amendments, and I do not propose to go over that ground again. As I stressed, our firm position is that where a defendant alleges miscalculation or error in the administration of the means test, a review of the application and not a full judicial appeal is the appropriate mechanism. In that respect, the amendment seeks simply to restore our original stated policy. I commend it to the Committee.