Criminal law solicitors have called for the abolition of the ‘unfair, unworkable and discriminatory’ system of means testing for legal aid in the magistrates’ court, claiming the change would save £100m.

In a paper on legal aid funding, the Criminal Law Solicitors Association proposed that legal aid in the magistrates’ court should be granted on the basis of an interests of justice test only. Those convicted would then pay a flat contribution assessed by the court, the CLSA said.

Robin Murray, senior partner at Kent firm Robin Murray & Co, who co-authored the paper, said the current means testing regime in the magistrates’ court was ‘unfair, unworkable and discriminatory’. He said the reform suggested would save £100m. Murray added that ‘massive savings’ could also be made from ‘clearing up the mess of Crown court means testing’.

The paper said Crown court means testing should be abolished for cases lasting less than three days, and replaced by a non-means tested flat rate contribution, to be paid under a recovery of defence costs order.

Murray said means testing for longer Crown court cases should be retained, but reformed and carried out on conviction, to avoid wasting money assessing the means of the innocent.

He said the level of disposable income that triggers a contribution should be raised, and the need to consider a partner’s income in the application should be removed.