Legal Aid

[Bomyed]

In the local paper tonight El-Hadji Diouf is apparently getting legal aid to defend against his spitting charge when playing for Bolton verses Middlesbough. It states he earns �40k per week but as legal aid is not means tested he can apply for and get it. Is this correct or is the system so ridiculous this can take place?

[Hippy]

It is possible to obtain Legal Aid regardless of income to defend a case in the Magistrates' Court. Once the case is transferred to Crown Court (which this particular one may or may not be) then the Defendant's income has a very acute bearing on the granting of Leagl Aid.

Two points here, (a) the costs involved in assessing income in the lower courts outweighes the cost of just granting it to anyone who asks on a limited basis; (b) many Defendents who feel that the case being brought against them by the Crown Prosecution Service is unjust, trivial, or provoking of publicity will elect to use public funds to assist their defence as a "tit for tat" or bloody minded gesture where they could easily afford the lawyer's fees. "Why should I spend my money on this XXX case when it is all trumped up and blown out of proportion by the State" (Not an actual quotation in this particular case or any other, but an indication of how some people's minds might work.)

[Bomyed]

Right, when I read this I thought there was more to it than what was stated, thanks a lot mr Hippy (or mrs)

[silly moo]

Apparently the fact that if he is convicted because he didnot fully understand everything, he could lose his job is also taken into account.
All seems unfair to me - should surely be means tested.

[kick3m0n]

I think what's truly offensive is that Diouf applied for legal aid in the first place.  The man is an awful specimen, as his repeatedly obnoxious behaviour has shown, just look at what he is being taken to court for....an offence that he has been previously found guilty of.  He may well lose his job if convicted, but if so, it's entirely his own fault.

And yes, means testing legal aid would seem to be common sense, wouldn't it?