Criminal Trial Acquittals (Costs)

Oral Answers to Questions — Justice – in the House of Commons am 2:30 pm ar 10 Tachwedd 2009.

Danfonwch hysbysiad imi am ddadleuon fel hyn

Photo of Tony Baldry Tony Baldry Ceidwadwyr, Banbury 2:30, 10 Tachwedd 2009

What his policy is on whether defendants who are acquitted in criminal trials should receive costs.

Photo of Bridget Prentice Bridget Prentice Parliamentary Under-Secretary, Ministry of Justice

Defendants who are acquitted in criminal trials should normally receive their reasonable costs from central funds unless the court decides that it is not appropriate to award those costs. Overall, central funds expenditure was £62 million in 2007-08 and £77 million in 2008-09. On current indications, I have no reason to believe that it will not increase during 2009-10.

Photo of Tony Baldry Tony Baldry Ceidwadwyr, Banbury

Following that answer, can the Minister assure me that in criminal cases the principle will remain that costs will follow the event, and that if people are found not guilty in criminal cases they will usually be awarded their costs from central funds?

Photo of Bridget Prentice Bridget Prentice Parliamentary Under-Secretary, Ministry of Justice

Yes, that is the case, but it is of course up to the court to decide whether the award of costs is appropriate.

Photo of Eleanor Laing Eleanor Laing Shadow Minister (Justice)

Perhaps the Minister is not aware of a statutory instrument that is coming before the House this afternoon. I understand that the Government are proposing a change in this area of the law to bring in what would effectively be a stealth tax on innocence. Does she appreciate that after the Government's proposals become law, someone who has been accused of a crime, has met their own costs in defending themselves, and is then declared innocent will be required to pay their own costs? If she is now going to confirm that the information that I have about this is mistaken, we would be delighted.

Photo of Bridget Prentice Bridget Prentice Parliamentary Under-Secretary, Ministry of Justice

Where the hon. Lady is mistaken is in her understanding of the system. First, it is essential that we target our resources effectively. Secondly, what will be paid from central funds is costs at the same level as legal aid costs. If people wish to pay more than that, that is entirely up them and it is a choice that they make. They will be paid from central funds costs equivalent to legal aid, had they been entitled to it. That is a fair way of distributing funds that are taxpayers' money and that we have to spend effectively.