Question to the Ministry of Justice:

To ask the Secretary of State for Justice, what recent assessment she has made of the number of defendants pleading guilty because of unaffordable legal costs.

Defendants facing trial at the magistrates’ court or Crown Court may apply for legal aid to pay for their defence costs; this covers the cost of preparing the case and providing legal representation.

The evidence provision fee, which was introduced in 2010 alongside implementation of the Crown Court means testing scheme, applies in cases that are committed, sent or transferred for trial to the Crown Court and comprises a lower tier of £45 and an upper tier of £90. This fee remunerates defence solicitors for the extra work which may be incurred when collating evidence of the defendant’s income and capital resources required to complete the legal aid application at the Crown Court.

At the Crown Court, subject to the outcome of the financial means assessment, some defendants may be required to pay an income contribution towards their legal aid costs. This is paid on a monthly basis for a maximum six month period and will be refunded to the defendant with interest if they are acquitted or the Crown Prosecution Service withdraws due to insufficient evidence. If the defendant is convicted, they do not recoup any income contributions and may also be liable to pay any outstanding legal aid costs from their capital assets.

If a defendant does not qualify for legal aid, either because they do not pass the financial eligibility criteria or the ‘Interests of Justice’ (merits) test, they may choose to pay privately for their defence or to represent themselves. In circumstances where a privately funded defendant is acquitted or charges are dropped, they may seek to claim their defence costs back from central funds through a Defendant’s Costs Order. However, following changes introduced by the Coalition Government, the refund of defence costs has been based on legal aid rates.

There are a range of factors which may influence a defendant’s decision over whether to plead guilty. The drivers behind this decision will vary with the circumstances of each individual case.

Ministers are currently considering their preferred approach to the rules and arrangements governing legal aid financial eligibility.