What type of refund do you get if found not guilty in the crown court?

[snugs1235]

Hi all,

 

I don't know if anyone can give me any advice.

 

A close relative of mine was falsely accused of assualt. The case got as far as the crown court but was thrown out by the judge on the first day due to it being a farce. My relative spent a lot of money on his defence. He was not entitled to legal aid because he owns his own house.

 

Does anyone know what happens when a person is found not guilty? Can he apply for a refund and if so is there a system that calculates entitlement?

 

His solicitor said she will look into it but we are curious as heck right now.

 

Thanks

[AndyOrch]

Its not a refund snugs its known as Costs...

 

Regards

 

Andy

[snugs1235]

Hi Andy

 

thanks for the info.

[AndyOrch]

Take a look here at the sticky..this is civil claims of course but the end is about costs and what types and how calculation is agreed. :- http://www.consumeractiongroup.co.uk/forum/showthread.php?356814-The-Process-of-Litigation-Court-Claims

[snugs1235]

Thanks Andy.

 

I had a look.

[nicklea]

Things are a bit different when it comes to the criminal law.

 

Your friend needs to speak to their legal advisors as they will get a refund but they need to apply for it.

 

Who pays privately?

 

If your client is facing proceedings in the Crown Court the means test will determine the amount they will need to contribute towards their defence costs; this could be from their income, their capital or a combination of both. If your client is found not guilty, any payments made will be refunded with interest. However, your client still has the right to choose to decline legal aid and pay for their costs privately.

 

If your private paying client is found not guilty, they can apply to reclaim some or all of their defence costs from central funds. This is a separate source of funding from legal aid that is managed by the Ministry of Justice.

 

The maximum that can be reclaimed is the same as would have been paid by legal aid.

 

http://www.legalservices.gov.uk/criminal/criminal_legal_aid_eligibility.asp

[snugs1235]

Hi nicklea,

 

thanks very much for that. I had a look and it was very helpful.

 

It does appear that my relative will not be getting back anywhere near what he spent because he chose his own barrister. It is so wrong that although being innocent he has been put through this and it has cost him so much.

 

Hopefully his legal team will work as much magic as they can

 

Thanks

[nicklea]

Hi nicklea,

 

thanks very much for that. I had a look and it was very helpful.

 

It does appear that my relative will not be getting back anywhere near what he spent because he chose his own barrister. It is so wrong that although being innocent he has been put through this and it has cost him so much.

 

Hopefully his legal team will work as much magic as they can

 

Thanks

 

 

No problem.

 

Although it is a far from perfect system, I would much rather spend the money and get top class representation rather than risk being found guilty of something.

[snugs1235]

Hi

 

that is exactly what we thought. We are relieved that that part of it is all over.

 

Thank you