NCJ Number
89758
Date Published
1981
Length
87 pages
Annotation
This report studies the way criminal courts in England use their discretion to make defendants pay for legal representation, sometimes even when they have been acquitted. It is based on a survey of over 600 Crown Court cases in various parts of the country during 1 month selected at random.
Abstract
The cases studied here show that the courts can order defendants receiving legal aid to pay for court costs if they elect trial by jury, plead not guilty, and conduct their defense in a certain way. This can deter defendants from exercising their rights to plead not guilty, to be heard by jury, and to vigorously defend the case against them. No defendant who is acquitted should be forced to pay for legal fees because of being prosecuted. The cost of compensating all acquitted defendants can be no more than a drop in the ocean of expenditure on legal services. Regarding whether convicted defendants should pay prosecution costs, the interests of justice would require that prosecution costs should not be the real penalty where only a small fine was ordered, should not be used to deter defendants from electing trial by jury, and should not be used to penalize them for pleading not guilty. Chapter references and study data are provided.