Question
To ask Her Majesty’s Government what proportion of defendants in criminal cases who were required to pay some or all of their own legal costs and who have been acquitted, or whose charges have been withdrawn, have in the last twelve months (1) had their full legal costs reimbursed, or (2) have been reimbursed their costs at the equivalent of legal aid rates.
Answered on
10 June 2015
Defendants who have been granted legal aid, but had to make a contribution to their legal aid costs, and are then acquitted or whose charges have been withdrawn, are likely to have all contributions reimbursed, though the trial court does have discretion to decide otherwise in appropriate circumstances.
Defendants in the Magistrates’ Court who have not been granted legal aid, and defendants in the Crown Court who have applied and had their application refused on financial grounds, who are then acquitted or whose charges have been withdrawn, can obtain a defendants costs order and have their costs determined under sections 16 and 16A of the Prosecution of Offences Act 1985 and Part III of the Costs in Criminal Cases (General) Regulations 1986.
As was the case under the previous administration, the Legal Aid Agency (LAA) does not record the number of people whose legal costs are reimbursed.