NEWS FROM OUR LAW FIRMS

JUNE 2010

Jeanette Miller campaigns successfully against capping costs in criminal cases

Miss Jeanette Miller, Founding President and CEO of the Association of Motor Offence Lawyers (AMOL) has truly earned her nickname of "Miss Justice" after legal action launched by the Law Society against the government concerning the capping of costs to those acquitted in criminal cases was a resounding success.

The saying "from small acorns do oak trees grow" springs to mind as back in September 2009, outraged by the impending implementation of these regulations, Miss Miller launched an e-petition on the no.10 website. By the time the petition closed, it had attracted almost 22,000 signatures:

http://petitions.number10.gov.uk/CostsRecovery.

Despite this strong objection, The Ministry Of Justice proceeded with the implementation of these rules designed to cap the costs of a successfully acquitted defendant. The petition attracted the support from many high profile figures including 26 QC's and the Criminal Bar Association have fully endorsed the sentiments behind the petition. The petition was also backed by many legal and motoring organizations. Following the petition, the Law Society took up the helm and launched judicial review proceedings against the government in January 2010.

The judgment - handed down today by Lord Justice Elias and Mr Justice Keith - has ruled unlawful an attempt by the previous Lord Chancellor, Jack Straw, to cap the costs paid to people acquitted in criminal cases. The court said:

"The new regulations involve a decisive departure from past principles. They jettison the notion that a defendant ought not to have to pay towards the cost of defending himself against what might in some cases be wholly false accusations, provided he incurs no greater expenditure than is reasonable and proper to secure his defence. Any change in that principle is one of some constitutional moment. It means that a defendant falsely accused by the state will have to pay from his own pocket to establish his innocence. Whatever the merits of that principle, I would be surprised if Parliament had intended that it could properly be achieved by sub-delegated legislation which is not even the subject of Parliamentary scrutiny."

Upon hearing the news, Jeanette said:

"I am truly delighted that on this most important issue, justice has been done. The months of hard work and campaigning have paid off to ensure that those who are innocent will not be left with financial ruin to contend with after clearing their names."