Law Weblog

HMCS announces changes in criminal legal aid

The Criminal Defence Service Act 2006 (CDS) comes into effect on 2 October 2006. The driving force behind this change is that Government believes that those who can afford to pay for their defence costs should be made to do so and that legal aid resources should be targeted towards those that need them most

The Act will:
– Reintroduce means testing for criminal proceedings in the magistrates’ courts so that applications for legal aid are assessed on both interests of justice and financial means;
– Provide an appeals route for both interests of justice and means assessment decisions;
– Transfer from judicial discretion to grant to an administrative one; and
– Ensure national consistency in the legal aid application and decision making process.