Caution over proposals to terminate means testing

Criminal practitioners this week gave a guarded welcome to government plans to end means testing in criminal cases.

Under proposals in a Lord Chancellor's Department (LCD) consultation paper, means testing in the magistrates court will disappear altogether once the Criminal Defence Service is established next April.

In the Crown Court, where defendants have been found guilty or have brought prosecution on themselves, means testing will only occur where they appear able to pay a contribution to costs.

One proposal would see defendants face a full investigation if they were known locally to have 'an aura of wealth'.

Information from prosecuting agencies, like the Serious Fraud Office and Customs and Excise, could also lead to investigation.

A third option would see defendants forced to fill out financial assessment forms or face having assets frozen or representation withdrawn.

Criminal Law Solicitors Association chairman Franklin Sinclair said: 'It is outrageous that people, supposedly innocent until proven guilty, could face having their assets frozen if they opted for a jury trial at the Crown Court.'

Third parties could also be investigated and have assets frozen where they appear to have been transferred by the defendant.

Law Society criminal law committee chairman Malcolm Fowler said it was 'a pity' that the LCD had taken so long to do away with means testing, which had always cost more to administer than was recovered.

Sue Allen