The draft Bill, published as a consultation paper (Cm 6194, ISBN 0101619421) in May 2004, contains the Government's proposals for changes to the Criminal Defence Service (CDS) grant of the right to public funded representation in criminal court cases. Its two key provisions are the transfer of responsibility for grant of criminal legal aid from the courts to the Legal Services Commission (LSC); and the re-introduction of a means test for criminal cases. The Committee's report finds that the increase in CDS spending in recent years is unsustainable, and states its support for the underlying aim of the draft Bill to improve management control and consistency in the legal aid system and to focus resources on those that need help most. However, it highlights a number of areas where more work is required before the proposals can be finalised, including the need to ensure the measures comply with the UK's obligations under the European Convention on Human Rights, as well as the costs and practical difficulties of means testing and in transferring the grant to the LSC.

This consultation paper sets out the Government's proposals for a draft Bill to implement changes to the Criminal Defence Service (CDS) grant of the right to public funded representation in criminal court cases. The main provisions of the draft Bill relate to two measures: the transfer of responsibility for grant of criminal legal aid from the courts to the Legal Services Commission; and the re-introduction of a means test for criminal cases. The aim of the Bill is to ensure that the taxpayer gets best value for money from the CDS and to improve management control and consistency in the legal aid system and the way in which the fund is spent. The re-introduction of the means test seeks to focus resources on those that need help most. Responses should be received by 6 August 2004.

The draft Bill was published in a consultation paper issued 17.05.2004 (Cm 6194, ISBN 0101619421)

Following on from a consultation paper (Cm 6194, ISBN 0101619421) published in May 2004, the Bill sets out the Government's proposals to change the arrangements for the right to public funded representation in criminal court cases in England and Wales. It contains two key measures, relating to the transfer of responsibility for grant of criminal legal aid from the courts to the Legal Services Commission; and the re-introduction of a means test for criminal cases. The purpose of the Criminal Defence Service is to strike a balance between fairness to the individual and access to justice; and operational simplicity, transparency and sustainability.

Following on from a consultation paper (Cm 6194, ISBN 0101619421) published in May 2004, the Bill sets out the Government's proposals to change the arrangements for the right to public funded representation in criminal court cases in England and Wales. It contains two key measures, relating to the transfer of responsibility for grant of criminal legal aid from the courts to the Legal Services Commission; and the re-introduction of a means test for criminal cases. The purpose of the Criminal Defence Service is to strike a balance between fairness to the individual and access to justice; and operational simplicity, transparency and sustainability.