Posted: Friday, 4 January 2019 @ 13:43
The recent trial of former deputy, Commons deputy speaker Nigel Evans has illustrated some rather interesting weaknesses within the English legal system.
Mr. Evans was cleared of a string of sex offences this month and has now expressed his regret for supporting legal aid cuts.
The reason for this is that he is £130,000 out of pocket after funding his defence of rape and sexual assault charges.
He has asked for the Crown Prosecution Service to reimburse his costs and spoken out to call for reasonable legal costs to be repaid.
I do not think that is going to happen.
He said he was shocked to realise that he would not get the legal fees back following his acquittal.
Welcome to the real world Mr Evans, recently I had a client accused of theft in a not disilmilar position who despite the CPS withdrawing the case, there were no recovery of costs within the Crown Court.
My client who is no big earner is about £7,000 out of pocket. I repeat the CPS whose case was a mess never brought the case to trial.
No apology was given by the CPS.
No doubt the CPS will continue to laud itself; for example,Last year in 2012-13, the CPS has achieved its highest ever rape and domestic violence conviction rates, with 63.2% of rape prosecutions and 74.3% of domestic violence prosecutions. The CPS will also take heart from the recent conviction of Max Clifford.
The legal position is set out here:
http://www.lawsociety.org.uk/advice/practice-notes/defence-costs-orders/
Work for a privately paying client in the Magistrates can be recovered but only at Legal Aid rates (as claimed)
For matters after the 1/10/12 and before 27/01/14.
No costs are recoverable in the Crown Court from Central Funds unless:
• where the accused is an individual and the order is made under section 16(1), 16(3), or section 16(4)(a)(ii) or (iii) or (d) of the POA;
• where the accused is an individual and the legal costs were incurred in proceedings in a court below, which were either proceedings in a magistrates’ court, or proceedings on appeal to the Crown Court under section 108 of the Magistrates’ Courts Act 1980 (right of appeal against conviction or sentence); or
• where the legal costs were incurred in proceedings in the Supreme Court.
This is not justice, it is simple at that. But hey, we have one of the most effective(draconian?) health and safety legal systems in the world and is that not more important?