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Indefencible

I have now heard from the Ministry of Justice regarding the situation over motorists defence costs. I would summarize proposal 2009 No. 2720 as follows: A Court may make a Defendant's Cost Order on application where a defendant is found not guilty or has the charges withdrawn. The rates and scales for recovering costs are limited to the Legal Aid Rates (www.justice.gov.uk/publications/defendant-costs-orders-rates.htm), which currently in the Magistrate's Court for solicitors include an hourly rate of £49.70 for preparation, £62.35 for advocacy and £26.30 travelling time + waiting time. Additionally, they can recover the costs of Expert's reports and attendance and other disbursements provided they are reasonable.

Asked on 15 May 2010 by A.B., JP, Horsham

Answered by Honest John
Many thanks. That is completely clear, though the amounts are totally
inadequate for a proper defence. It means that should an innocent motorist be unjustly accused of an offence that could rob him of his livelihood he has to pay his own defence costs or simply roll over and take the expedient option of pretending to be guilty. They should re-name this department 'Ministry of Injustice'. It’s why every motorist now needs a legal protection insurance policy to fund a proper defence should it become necessary.
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