Wednesday, 30 September 2009

The cost of the law

From October there is to be a change in arrangements for the refund of fees to those charged with motoring offences but acquitted by the courts.

Previously if acquitted, and about 380,000 out of 1.4 million charged in 2007 were acquitted, motorists received 80% of their costs from the state.

In future fees will be limited to the legal aid rate of £60 an hour, or about 25% of what is normally charged. It can cost £2,000 to defend a speeding charge, or between £5,000 and £10,000 to defend a drink-driving charge. In future, then, those acquitted will be reimbursed up to £600 in the former and £1,500 to £3,000 in the latter cases, leaving a large amount to find out of their own pocket.

I have three comments:

1) It will make a difficult decision for those charged. Can I afford to protest my innocence, or should I pretend I was guilty? The latter will have insurance implications for years to come, and possibly job loss.

2) If I sue someone privately, and lose the case, I am liable for their costs. Why should it be any different in the case of prosecution by the government?

3) I assume that that police are not biased or vindictive, but they are capable of making mistakes and accusing falsely someone who is innocent. Why should it be only the wealthy who can afford to protest their innocence?

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