Vera Baird outlines how she intends to make the reintroduction of criminal legal aid means testing fair for solicitors and the public alike


Solicitors working in the criminal justice system will have shared the concern of the public and politicians at recent examples of wealthy defendants using public money to pay their defence costs when they could afford to pay for it themselves. The government has now taken steps to end this with the aim of focusing our resources on those who need it most.



From 2 October, anybody charged with a criminal offence and applying for legal aid in magistrates' courts will only qualify if they cannot afford to pay for a lawyer.



The new test to determine affordability will sit alongside the existing 'interest of justice' test. This will save around £35 million a year, and help address the rising cost of legal aid and the imbalance between what we spend defending those accused of crimes compared with the amount spent on those - often the most disadvantaged and vulnerable - who need to protect or enforce a civil right, or who need early advice to save them from falling into social exclusion.



The new scheme has been designed to be simple and transparent. In many cases, all that will be required in support of the completed application form is a National Insurance number for an applicant claiming receipt of a 'passported' benefit, or, for an employee, the most recent wage slip. The system will avoid many of the problems and complications associated with the old method of means testing.



There has been valuable input from solicitors and other stakeholders across the country on the regulations setting out the framework for the scheme, and on the detail of the guidance and the forms. I am grateful for the many useful suggestions that have shaped the scheme and helped me with issues that could have affected implementation.



Because I recognise that there will often be some additional work for solicitors who will, in practice, have to help many clients fill in forms, they will be able to claim for up to 30 minutes for their completion under the existing standard-fee arrangement.



I do not expect the fairly straightforward forms to take that amount of time in most cases, but I do want solicitors to understand that, wherever I can, if a change will cause them more work, I will try to ensure that they do not lose out.



Where a representation order is refused on the means test, we will allow the early cover payment of £75, where the application was submitted within the requisite time period, namely two working days, or five working days if the client is in custody. That will cover any costs incurred in helping the client complete the means form. Where a representation order is refused on the means test, but passes the interest of justice test, and a properly completed application was submitted outside the two working day/five working day time period, we will allow a payment of £25.



The continued support of solicitors will be essential in making sure their clients are aware of the information they will require. It is fair that solicitors should be paid where extra time is spent, as that process is vital to the successful working of the scheme. It is in everyone's interests to have a system that is both fair and avoids unnecessary delay.



We will keep the scheme under active review, and listen to those using it to ensure the criminal legal aid system provides fair justice at a fair price - fair to the taxpayer, fair to defendants, fair to practitioners and fair to the vulnerable.



Vera Baird QC MP is the Department for Constitutional Affairs minister with responsibility for criminal legal aid