The government is set to moot the re-introduction of a means test in criminal cases and the shift of power to grant legal aid for criminal representation from the courts to the Legal Services Commission (LSC), it announced last week.

Plans for a draft Criminal Defence Service Bill, unveiled in the Queen's speech, will focus on gaining more control over costs and targeting resources at those who need them the most.

Criminal practitioners gave the proposals a cautious welcome.

Rodney Warren, director of the Criminal Law Solicitors Association, said it was important that 'scarce and precious' resources were not wasted on those who could afford to pay.

He said transferring the grant of legal aid would lead to more uniformity, although he warned that the LSC's decision-making would have to be swift.

The Law Society said any means test should only apply where the defendant could clearly pay.

Paula Rohan