Legal aid solicitors have welcomed revised government plans to re-introduce means testing in criminal cases, in a move that has seen a relaxation of its earlier proposals, but are concerned about the fine-tuning of the proposed legislation.

Responding last week to the constitutional affairs select committee's report on the draft Criminal Defence Service Bill, the Department for Constitutional Affairs said although it was intent on controlling the legal aid budget, it acknowledged that there were problems in some of the strict means-testing elements of the original proposed legislation. 'The committee felt that a number of questions remained unanswered and that more detailed work was required to limit the practical difficulties of means testing,' the response said.


As a result, it is now proposing a two-tier system, with defendants able to apply for non-means tested advice and assistance up until, and including, their first hearing in front of magistrates. The changes follow concerns from lawyers in the field over human rights implications and worries that the plans would result in more court delays.


Crown Court hearings will be excluded from the rules, as the government believes that recovery of defence costs orders are a more appropriate method in those cases. Court staff, rather than judges, will be given responsibility for deciding who is eligible. Any appeals will go to justices' clerks and, ultimately, to the magistrates themselves. The Bill - given the green light in the Queen's Speech last week - also transfers responsibility for granting representation orders from the courts to the Legal Services Commission.


The Legal Aid Practitioners Group said the amendments would go a long way towards protecting the rights of defendants and smoothing the administration of justice.


But director Richard Miller warned: 'The piece of the jigsaw that is still missing is the level at which the eligibility cut-off will be set. Provided it is at an adequate level, we believe this revised structure will achieve the government's aims.'


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