Jonathan Djanogly (Shadow Solicitor General (Also Shadow Minister for Trade and Industry), Law Officers (Assist the Home Affairs Team); Huntingdon, Conservative)

I have two brief points to make. What assessment, if any, have the Government made of the use of the recovery of defence costs orders? Have they proved to be effective, and if not, why, and how can the matter be addressed? As the Law Society pointed out, the advantage of the recovery of defence costs orders, is that they are made at the end of a case when the overall picture is much clearer.

Secondly, do the Government propose to reimburse acquitted defendants the costs of their defence? Again, as the Law Society points out, there is a discrepancy between reimbursement of acquitted defendants at private rates and payment at legal aid rates. Of course, the implication is that the Crown could end up paying more to defence solicitors at their private rates than it would have done at legal aid rates. In turn, could addressing the problem be disproportionate, undermine the cost-cutting essence of the Bill and breach the Human Rights Act? To what extent have the Government assessed the issue?

Bridget Prentice (Parliamentary Under-Secretary, Department for Constitutional Affairs; Lewisham East, Labour)

Clause 3 is necessary for the making of contribution orders where the financial eligibility criteria are satisfied. It is essential to protect defendants from having to pay the full funding of their cases when costs rise beyond what it would be reasonable to expect people to be able to afford to pay. Cases can end up costing tens of thousands of pounds, and the clause will allow defendants in such cases to be protected from having to meet the full cost. It is also required to enable the future Crown court scheme as well as for dealing with unusually high-cost cases.

We believe that it is prudent for the magistrates courts scheme to be allowed time to bed down before the Crown court scheme is rolled out. A phased roll-out will provide us with the opportunity to learn any lessons that arise from the scheme's implementation in   the magistrates courts. In response to the hon. Gentleman's question on the recovery of defence cost orders, the capital contribution takes place at the end of the case. Many defendants will have no or little capital at the time of the charge, but may have income from employment that, if convicted, they could lose. There will be means-testing plus the recovery of defence cost orders, as they address different areas. I should make it clear that when a person is acquitted there will be provision for reimbursement of their costs. On that basis, I ask the Committee to support clause 3.

Question put and agreed to.

Clause 3 ordered to stand part of the Bill.