Unlike the Scottish legal system, it has been the case in England and Wales that if a person accused of an offence successfully defended themselves they would be entitled to recoup their reasonable expenses from the Court. In the past it was standard practice for a Court to grant Defence Cost Orders following not guilty verdicts. Essentially this meant that those who were acquitted would have their legal expenses reimbursed subject to taxation.
However, this is set to change and the new Costs in Criminal Cases (General) (Amendment) Regulations 2009 will mean that if you win your case at Court, you will see a significant reduction in the amount that you are able to recover from the Court towards your legal fees. These regulations apply to all cases commenced after 31 October this year and mean that the amount recovered is in line with current legal aid rates.
Whilst this may deter some from challenging offences alleged against them we would always remind motorists to think about the impact of points or a ban on themselves, their livelihood or on their family.
It is worth bearing in mind that here at Stephensons, we offer free initial advice to anyone who is weighing up their options and we give honest and frank advice on the merits of any case. This means that, if retaining your driving licence is important you, you will receive appropriate legal advice and will have the best possible chance of succeeding at trial where there are reasons to challenge the case.
Motoring Law Solicitor