Constitutional Affairs - Fifth Report
Here you can browse the report together with the Proceedings of the Committee. The published report was ordered by the House of Commons to be printed 20 July 2004.
CONTENTS
Terms of Reference
Summary
1 Introduction
Our inquiry
2 Background
The Criminal Defence Service
Legal representation
Representation orders
3 The rising cost
of the Criminal Defence Service
Difficulties
Consensus
Why has CDS expenditure risen?
Internal factors
External factors
Further research
"Joined-up Government"
4 Transfer of
grant of representation
Who would decide about the grant of legal
aid?
Who should make grant decisions?
Budgetary control
Arguments against transfer
Current administration
Financial and administrative impact
Estimated savings
Downstream costs
Other options
Guidance to courts
Restricting the interests of justice test
Statutory amendment to the test
Necessary safeguards
Fallback power
Appeal right
5 Means testing
Abolition of means testing in the Access
to Justice Act 1999
Suggested models
Model 1—net income
Model 2—all or nothing
Model 3—sliding-scale contributions
Analysis of Model 2
Household income
Practical implications
Evidence of means
Contributions
Delays
Unrepresented defendants
Calculation of savings
The deterrence aspect
Other concerns
Human rights implications
Shrinking number of criminal defence solicitors
6 Other options
Very High Cost Criminal Cases
Trial management
Recovery of Defence Cost Orders
7 Conclusion
Conclusions and recommendations
Appendix
Correspondence between Rt Hon Jean Corston
MP, Chair, Joint Committee on Human Rights and Rt Hon Alan Beith
MP, Chairman of the Constitutional Affairs Committee
Formal minutes
MINUTES OF EVIDENCE
Tuesday 22 June 2004
Tuesday 29 June 2004
Tuesday 6 July 2004
Witnesses
List of written evidence
Written Evidence
Reports from the Constitutional Affairs Committee
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