Criminal lawyers praise end to means testing in youth, magistrates' court cases

REFORM: government approves partial abolition, but CLSA wants means test scrapped altogether

Criminal solicitors have welcomed the government's decision to abolish means testing for criminal legal aid for all youth court and most magistrates' court cases ahead of a general reform of means testing arrangements.

Steve Wedd, secretary of the Criminal Law Solicitors Association, described the move as 'very good news'.

But he added: 'We are just sorry that it couldn't go the whole way and abolish it for summons and indictable-only cases, where the means test still applies.'

Youth court cases will no longer be subject to means testing.

But some of the most serious cases heard by magistrates will.

The proposals do not relate to Crown Court legal aid applications, indictable-only offences, offences going to Crown Court under s.51 of the Crime and Disorder Act 1998, cases originated by summons and any cases where the defendant is charged outside a police station.

Mr Wedd said: 'It seems at cross purposes to keep the means test for indictable-only offences at the same time as speeding up the time it takes to get to trial.'

But he said that criminal solicitors will no longer have to chase payslips and unemployment benefit papers in many cases.

He said: 'It has been the running sore to getting going on a case.'

Mark Haslam, vice-president of the London Criminal Court Solicitors Association, said his group supported the partial abolition.

He added: 'Everybody has a catalogue of disaster stories.'

In a letter last week announcing the changes, the Lord Chancellor's Department told courts that 'the renewed focus on the grant of legal aid in recent months has revealed basic mistakes in assessments'.

The secondary legislation will come into force on 2 October when the crime franchise panel is introduced ahead of a general consultation on means testing for next April.

Only firms on the panel will be able to do work paid for by the Legal Services Commission.

In July, the government announced plans to simplify means testing by introducing an overall gross income cap, increasing the upper limit of disposable income, and dispensing with many of the current allowances.

Anne Mizzi