Means To An End


It is incorrect to say that the reintroduction of means testing in the magistrates' court will produce savings of £100 million (see [2007] Gazette, 1 February, 1).



The means test, which was introduced on 2 October 2006, will ensure that those who can pay for their defence costs do pay. The reintroduction of means testing was estimated to save the taxpayer £35 million a year. We are on course to achieve this saving.



While it is correct to say that the number of representation orders has reduced, this is not solely as a result of means testing - other criminal justice initiatives, such as conditional cautioning and shadow charging, have reduced representation orders granted by the courts.



We have calculated that these initiatives alone would reduce the number of representation orders by more than 8%. So comparing the number of representation orders granted between October and December 2005 with the number granted between October and December 2006 is misleading. Since the introduction of means testing, we have received more than 180,000 applications for representation orders; 82.9% of these applications have been granted.



Carolyn Regan, chief executive, Legal Services Commission, London