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Criminal Defence Service Act 2006
The Criminal Defence Service Act 2006 (CDS) comes into effect on Monday 2 October 2006, and will transform the way legal aid is granted in magistrates' courts. The driving force behind this change is that Government believes that those who can afford to pay for their defence costs should be made to do so and that legal aid resources should be targeted towards those that need them most
Prior to 2001 granting of criminal legal aid depended on the severity of offence as well as the applicant’s financial situation. The system was overly complex, not cost effective and contributed to inconsistencies. In 2001 the means test was removed from the process and applicants were solely required to satisfy an Interests of Justice test. Although this change led to speedier decision-making and a simplified process for courts it significantly increased demand on the criminal legal aid fund.
The Act will:
- Reintroduce means testing for criminal proceedings in the magistrates' courts so that applications for legal aid are assessed on both interests of justice and financial means
- Provide an appeals route for both interests of justice and means assessment decisions.
- Transfer from judicial discretion to grant to an administrative one
- Ensure national consistency in the legal aid application and decision making process
The Government believes that those who can afford to pay for their defence costs should be made to do so, and that legal aid resources should be targeted towards those that need them most. In doing this the Government aims to:
- Ensure that the taxpayer receives best value for money
- Balance the responsibility between the rights of the individual and that to the taxpayer
- Save £3 million per month through the reform of the criminal legal aid system within magistrates’ courts
- Improve management control over the legal aid system and the way in which the fund is spent
Criminal defence work will be funded by the Criminal Defence Service up to disposal in magistrates' courts, subject to means testing. Detailed information about the Criminal Defence Service can be found on the Legal Services Commission website.