Clause 3 - Rights to representation: contribution orders
Criminal Defence Service Bill [Lords]
11:30 am
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?