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Monday 21st September 09, 1:59pm

1000s Back AMOL’s National E-Petition to Gordon Brown To Stop The MoJ from Restricting Recovery of Costs for Acquitted Defendants

Miss Jeanette Miller, Founding President and CEO of the Association of Motor Offence Lawyers (AMOL) has launched an e-petition live on the no.10 website. To date the petition is backed by 2,144 signatures and the number is increasing every minute –

Click to Sign Costs Recovery Petition

The Ministry Of Justice plans to go ahead with changes to restrict costs recovery rules for acquitted defendants, despite overwhelming opposition to their consultation about their proposals. The new rules, to be implemented in October, will mean that even if a defendant is acquitted of an offence, they will be expected to foot the majority of their legal bill themselves. Jeanette feels very strongly about this injustice, therefore rather than sit and wait for this change to take place, she has lodged the e-petition.

Quite simply, the costs savings that the government are looking to make could be made by examining and improving other ineffective processes within the court system. It is not fair to pass yet another expense onto the public and restrict access to justice so that only the very wealthy will be able to mount a defence to a wrongful prosecution.

Miss Jeanette Miller of the Association of Motor Offence Lawyers (AMOL) comments:

“I recognize that government spending may need to be reduced but it will be taxpaying motorists and small businesses who will be most penalized by the planned rule change. Saving money at the expense of having a fair system with access to justice for all parties accused of a crime is not the answer. From a taxpayer’s and lawyer’s perspective, the real issue that should be addressed is the scandalous waste of money caused by inefficiency within the CPS and the Courts.”

The petition itself outlines the affect these rules will have on motorists, as legal aid is not available for the majority of motoring prosecutions and most members of the general public will appreciate the grave impact of the inability to defend a prosecution for a motoring offence being that there are currently around 27 million licence holders in the UK. However, if allowed to be implemented, the rule changes will also affect any defendant acquitted of a crime in the Magistrates’ Court if they chose to instruct a lawyer who charges normal (not legal aid) rates.

So far the petition has support from 26 QC’s and the Criminal Bar Association have fully endorsed the sentiments behind the petition. The petition is also backed by the following organizations:

1. Association of Motor Offence Lawyers (AMOL)

2. Health and Safety Lawyers Association

3. The Criminal Bar Association

4. The Association of British Drivers

5. Drivers’ Alliance (responsible for the largest ever petition against road pricing who obtained 1.8 million signatures over a 3 month period)

6. The Law Society

7. The London Criminal Solicitors’ Association.

Matthew Elliott, Chief Executive at the TaxPayers’ Alliance said:

“This proposal is unjust, unfair and will prevent innocent motorists from effectively fighting penalties. With police forces too often using speed cameras more to raise revenue than save lives, it is vital that people are given a fair opportunity to clear their names when given an unjust penalty charge; they shouldn’t be financially punished if they are acquitted. Motorists will fight this to the hilt, and the Government is going to feel the full force of people power until it sees sense and backs down.”