Since the introduction of the 2002 Act, a system of means-testing for legal aid has been introduced for all Crown court defendants. Those who can afford to pay some, or all, of their legal aid costs are required to do so. Although anyone charged with a criminal offence and facing imprisonment or loss of livelihood is entitled to legal aid, I think that the whole House would agree that if the defendant can pay some, or all, of their legal bill, they should do so. After all, as we ask people on modest incomes to pay something towards their defence costs, it is only fair and reasonable that we ask millionaires to do so. As such, new clause 15 amends section 41 of the 2002 Act to allow payment of a contribution towards, and up to the full amount of, their publicly funded legal aid costs.
The detailed mechanisms of how that will operate in practice will be set out in legal aid regulations made by the Lord Chancellor and, as provided for in new clause 16, regulations made by the Home Secretary, the latter being subject to the affirmative procedure. Both sets of regulations will be developed taking into account the potential impact on returning money to victims and assets that are used to incentivise further asset recovery work.
We can already freeze criminals’ assets to make it easier to recover ill-gotten gains and compensate victims, but that often leaves the state picking up their legal bill, even if the offender has plenty of money to pay that as well. I am sure that the whole House would agree that our aim should be to increase the overall amount of money taken from criminals. As I have said, the full details of the scheme will be set out in secondary legislation that will be subject to debate and approval in both Houses.
10.45 pm