New Measures Introduced To Make Criminals Pay Towards Legal Bills

New measures to make criminals pay more towards their legal bills have come into force today, Monday.

The changes are the latest in a package of legal aid reforms which make sure those accused of a crime and are wealthy enough to pay for some, or all, of their legal representation do so. The Legal Aid Agency (LAA) is expected to be able to order recovery of up to £2 million legal aid a year on average as a result of today’s changes to the Proceeds of Crime Act.

Legal aid costs can now be recovered from convicted criminals where their money and assets had been frozen by the courts under this law. Previously legal aid did not qualify for recovery from those assets, and so the only way to force criminals to pay up was through a separate, often unsuccessful, court battle after the criminal trial was finished. Today’s law change allows legal aid to be recovered once other compensation and confiscation orders have been made.

Legal Aid Minister Shailesh Vara said: "Too often people convicted of crimes have been able to avoid paying what they owe. Legal aid is taxpayers’ money and it is right we do not spend it on those who can afford to pay their own costs. These measures will make sure legal aid is repaid, and are another vital step in creating a fair and credible system."

Under the Proceeds of Crime Act those accused have financial assets identified which are then 'restrained' by the court, meaning they cannot be spent or moved by the person who has been charged until their trial is over. If they are convicted these assets can then be used by the court to pay compensation to victims or to make confiscation orders.

The new regulations will mean any finances left after those payments are made can now continue to be restrained if the person also still owes unpaid legal aid bills. In appropriate cases the court can now allow the LAA to use these remaining assets to cover any outstanding legal aid costs or contributions.

(CD)