As of next Tuesday (August 6), convicted criminals who defy orders to contribute to their legal costs may have their cars seized by the Ministry of Justice (MoJ) and sold at auction.
It is thought likely that this method could bring in more than £10m a year for the Treasury, which is earmarked to be used to reduce the cost of legal aid for taxpayers.
Since 2010, when means testing for defendants appearing at Crown Courts first came in, only £9.6m of the £43.6m due has been raised. However, this scheme could mean that defendants who are able to pay are forced to do so.
Called the Motor Vehicle Orders Scheme, it is hoped that it will bring down the cost of legal aid by allowing the Legal Aid Agency to clamp any vehicles identified as belonging to a defendant who owes money. If, after conviction, he or she does not pay the bill, the car can then be sold.
Commenting on the scheme, Justice Secretary Chris Grayling said that it was about time that criminals were made to pay for the cost of legal aid, as it is taxpayers’ money. He added that it is “time to get tough”.
The MoJ agreed that too many people have been evading their responsibility by refusing to co-operate with attempts to assess their income or the value of any financial assets they might have.
However, critics fear that the measures could negatively impact innocent defendants and point out that the scheme is heavily flawed. Many believe that criminals will simply shift their assets into other names, so it is unlikely that the scheme will be able to cover the debt that is currently owed.
Meanwhile under separate proposals, the Ministry is considering whether to introduce a threshold for legal aid, under which criminal defendants found to have a disposable income of more than £37,500 a year would not be entitled to legal aid at all.