Criminal defence solicitors have warned that government plans to cap legal aid for cases tried in the magistrates' courts are based on flawed figures.

Launching the Criminal Defence Service Bill last month, legal aid minister David Lammy revealed that the new measures - predicted to save taxpayers some £35 million a year - will bar those earning more than £27,500 a year from qualifying for legal aid. They will have to pay out an average of £550 for private representation, the government predicts. The Legal Services Commission will implement the test.


Mr Lammy said the government hoped the new means test would prevent growing criminal legal aid costs from cutting into the civil budget. 'Those who are charged with an offence and can afford to pay, should pay,' he argued.


But although Rodney Warren, director of the Criminal Law Solicitors Association, agreed that people who had the funds to pay their way should do so, he warned against using the legislation to cut into the legal aid budget. Mr Warren also pointed out that the £550 figure was based on legal aid rates, even though solicitors charging privately would ask for twice as much in many cases. He called for a more flexible plan. 'A sliding scale taking into account more information [such as debts] would make it a lot fairer,' he argued.