Criminal Defence Bill: Mansfield says court should decide

The Bar Council has warned that the government's proposal to transfer the power to grant legal aid from the courts to the Legal Services Commission (LSC) is 'seriously flawed' and will cause a loss of confidence in the criminal justice system.


Commenting on the Criminal Defence Bill, which this week received its second reading in the House of Lords, Guy Mansfield QC, chairman of the Bar Council, said the court is best placed to decide what is in the interests of justice, rather than administrators.


He backed the return of the means test for legal aid but expressed concern that the interests of justice test might be assessed by an executive agency that has an interest in the number of grants made.


Mr Mansfield said: 'If implemented, this proposal will turn what should be a judicial decision into an administrative one, and result in a loss of confidence in the system.'


Janet Paraskeva, Law Society chief executive, said: 'The Society would not oppose the transfer of the power to grant legal aid from the courts to the LSC, providing decision-making is speedy and there are proper avenues of appeal if legal aid is refused. The proposal for a right of review by a LSC regional director is wholly inadequate.'


An LSC spokesman said: 'The LSC has no interest in reducing access to defence representation in criminal proceedings. The predicted savings from the new system will come from introducing a financial means test and not by restricting access to justice.'