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Guilt edged sword

You may recall that in 2009 I campaigned against the government's plans to restrict costs recovery for acquitted defendants by way of an e-petition on the number 10 site. Thankfully, the Law Society was victorious in their judicial review against the regulations and they were repealed in June 2010 and you covered the news of this victory back then.

The newly elected coalition confirmed at that time they would not appeal the High Court's ruling. However, the current government's now plans to reintroduce similar plans as follows. The Proposals are contained in the Bill, so they are subject to Parliament this time around but they are being considered against the backdrop of some severe legal aid cuts also being made at the same time. The Bill will become law in approx April 2012 unless our campaigning prompts a rethink. One can assume that if the Defendants' Costs Orders (DCO) proposals remain, they will come in to effect shortly thereafter. Please sign and spread the word about this petition. http://epetitions.direct.gov.uk/petitions/5322 The proposals are:

1. No Defendant’s Cost Orders in any circumstances for companies or corporate bodies, etc - they will have to bear the cost themselves or insure. 2. No DCOs for individuals in the Crown Court as contributory legal aid is available in all case - you therefore take legal aid or nothing. 3. In the Magistrates' Court DCOs will be available for acquitted individuals, capped at legal aid hourly rates. If legislation is introduced in accordance with current proposals, it will mean even if an individual is acquitted of an offence, they will be expected to foot the majority of the legal bill themselves. Companies will recover no costs and DCOs will be unavailable for any cases in the crown court including appeals. This, in my view, is not justice.

Amongst other strategies I intend to reveal over coming months, I have started another petition on the Number 10 site and would be most grateful if you would lend your support to this campaign by signing it and sharing the link with your colleagues and contacts. http://epetitions.direct.gov.uk/petitions/5322 Once you sign the petition, the site sends you an email to verify that you are a real person and you must click a link that is sent to you. It is a bit longwinded (possibly to deter signatories) so please persevere. If you are an organization, please take the time to distribute this email/the link to all members of your organization/clients to sign it.

Asked on 9 August 2011 by JM, President of the Association of Motor Offence Lawyers

Answered by Honest John
Readers should please take time to understand this. It means that if you are tried for any offence and employ your own legal team in your defence and are then acquitted you will not be allowed to claim your defence costs, which could be hundreds of thousands of pounds.
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