We previously reported on the effect of new regulations whereby acquitted defendants who pay privately for their defence costs in either the Magistrates’ or Crown Court will only be able to recover a small proportion of their defence costs from Central Funds, capped at legal aid rates.

The Law Society recently filed a judicial review application in a move to overturn the regulations which have been described as unlawful and grossly unfair. Robert Heslett, President of the Law Society says: "The Law Society's view is that the new regulations are unlawful and that successful defendants are entitled to reasonable compensation for costs that they have properly incurred. This is the test set out in the Prosecution of Offences Act 1985. Payment on this basis can work out at much more than legal aid rates."