Time to end 'Innocence Tax'

James Constable, Senior Associate Solicitor for Crime at Ellis Jones Solicitors, is demanding an overhaul of the system that penalises innocent defendants financially, known as the ‘innocence tax’. Despite being acquitted, individuals often face substantial financial losses due to the current reimbursement process for legal costs, which he describes as a "farce."

Previously, acquitted defendants could recover reasonable legal fees from central Treasury funds. However, since 2013, the system only reimburses costs at Legal Aid rates, which are significantly lower than market rates, leaving many individuals with large shortfalls. For example, a £3,000 legal fee might result in only a few hundred pounds being reimbursed, creating an 'innocence tax' that penalises the wrongfully acquitted.

James highlights that the application process for a Defense Costs Order (DCO) is overly complex and burdensome, often resulting in minimal compensation. Despite government promises to address this issue, no new regulations have been introduced. The problem is compounded by a high bar for compensation claims, as demonstrated by recent cases in the European Court of Human Rights, and a staggering 93% refusal rate for compensation applications in England and Wales over the past eight years.

James Constable urges for immediate legislative and funding reforms to address these issues and ensure justice for acquitted defendants.