Those found innocent in a court of law should not have to pay legal costs
Nigel Evans MP, who was acquitted of all charges laid against him last week, is now left with a legal bill of around £130,000. Many MPs have been quoted on how wrong they think this is. One of them is Col. Bob Stewart in this interview on the BBC Daily Politics last Friday. I agree with him. Nigel Evans should not have to foot the bill, however Col. Stewart was one of the many MPs who voted for Clause 52 of the ‘Legal Aid, Sentencing and Prosecution Bill’, which became an Act of Parliament in 2012. That clause enacted Schedules 6 & 7 of the Act that states that defendants who decline legal aid and pay privately in the higher criminal courts will no longer be able to recover the costs of an expensive private lawyer if acquitted.
Karl Turner, Labour MP for Hull East, who is also a barrister, had this to say in the House of Commons on 29 June 2011:
“Clause 52 proposes to prevent people from recovering defence costs in Crown courts. If they pay their own fees, they will be prevented from recovering their costs if they are successful at trial. That is a mistake.”
It is a mistake – and one that now needs correcting. When asked on BBC Radio 4’s Today programme if he would seek to change the law, Nigel Evans said he would. Mr Evans did not have to hire an expensive lawyer, however when the CPS instructed a QC to act on its behalf, he really wasn’t left with much choice. Any change in the law will not help him personally, however it will mean that justice is available to all, and those who are innocent and are faced with the prospect of being prosecuted by a top QC, will not have to worry about mounting a strong defence in a court of law.
In any free society, those proved innocent of crimes they are charged with, should not be left with crippling legal bills.
Source: http://www.tfa.net/2014/04/14/those-found-innocent-in-a-court-of-law-should-not-have-to-pay-legal-costs/
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