 There are fears the shake-up could lead to scores of human rights challenges |
Plans to re-introduce means testing for defendants seeking legal aid could delay justice and lead to unforeseen costs, a committee of MPs has said. The Constitutional Affairs Select Committee warned that costly human rights challenges could result from those denied support.
It also warned the plan, intended to curtail the spiralling criminal legal aid bill, was not properly costed.
The MPs conclude there are better ways to bring the budget under control.
Members of the committee accepted that action needs to be taken to control legal aid costs, but they warn plans contained in the Draft Criminal Defence Bill "lack crucial detail".
The Department for Constitutional Affairs has not produced any evidence that means testing would lead to substantial savings, it adds
The MPs say that further costs could be encountered while evidence of income is being collected and studied.
Challenges
"Clearly those who can afford to pay for their own legal costs should be made to do so and, in the interests of justice, those who can't should be supported," said committee chairman Alan Beith.
"The government has put forward proposals which it says would take these key principles into account.
"However, we are far from convinced that the government's scheme will deliver what it promises."
He said two of the planned means testing models would be unworkable, while the other may lead to successful challenges under the Human Rights Act.
"This will inevitably lead to delay and more costs, the exact opposite of what the government says it wants to achieve," he added.
"The proposals put forward by the Department for Constitutional Affairs as they currently stand leave too many important questions unanswered.
"We urge the DCA to come forward with more detailed responses to the wide range of questions we have raised in our report," Mr Beith said.