Reclaiming costs on acquittal

[frightened spouse]

http://andrewkeogh.co.uk/not-in-pris...-on-innocence/


The article above outlines how it is possible to reclaim costs on acquittal ( or at least a percentage of them) However this is only available to those that have applied for legal aid, therefore is it possible that someone who decides to use a private defence , could still apply in the early stages and then get some of their costs back if acquitted ?

I believe that it is too late in our case as you cannot apply retrospectively, but I thought I would flag it up in case it is of any use to others still in the early stages of the process.

[Casehardened]

Hi FS,

Well done for flagging this up, I'd missed this completely....but I'm assuming from the wording this only applies if income or assets preclude legal aid being given i.e. if one chooses to go down the private representation despite legal aid being offered reclaiming won't be possible.

I've copied your post and link into the Useful Information section (and also updated my 'what happens next' thread)

[frightened spouse]

Hi Casehardened

The article states that Bill Roache would be entitled to some costs back and I'm sure he's worth a considerable amount ! Chris told us we would have been eligible even though we are relatively financially comfortable, but as we knew we were going to go private last Oct when charged we didn't even apply.

It's very mean that they have introduced this with the condition that you apply for legal aid, knowing that many won't have done because they will be above the threshold. So it appears it hinges on whether you have made an application NOT whether you are eligible which to be honest is ridiculous !


I just thought it may be useful to anyone about to instruct a private defence.

[Rights Fighter]

Thanks for this link.

Those can can claim back (a fraction of what they paid) will, as you say have had to have applied for legal aid, but been turned down as ineligible. People who choose to pay privately (but who ARE eligible) unfortunately cannot claim back - that is my understanding of it.

[Added RF's reply for clarification...CH]