"It's another case of the minority making trouble for the majority. Fancy lawyers have been making a good living coming up with obscure points of law to get clients who can well afford their fees off small speeding or parking fines."
That maybe so, but it's the country and legal system that we live in.
If the government wants to stop it then they need to make more effort on clarifying the law both to drivers and the people who enforce the law (police, CPS, local councils), that way the cases could be avoided in the first place.
This is just another ploy to claw back costs. What it really means is that police/traffic wardens can make as many mistakes as they want but you still end up paying if innocent.
If you read the article its not just lawyers groups fighting this, they are just 3 of 7 groups
1. Association of Motor Offence Lawyers (AMOL); 2. Health and Safety Lawyers Association; 3. The Criminal Bar Association; 4. The Association of British Drivers; 5. Drivers' Alliance (responsible for the largest ever petition against road pricing who obtained 1.8 million signatures over a 3 month period); and 6. The London Criminal Solicitors' Association; 7. The Taxpayers' Alliance; and 8. The AA
Surely the matter of costs is the responsibility of the bench?
Costs are not automatic, but have to be asked for, albeit usually almost certain to be granted.
I suspect any government will find it constitutionally difficult to interfere with the judiciary in this regard.
It is fundamental to our legal system that while they can make recommendations they cannot order the judiciary to take a particular course of action, except in major changes of law which would be subject to detailed parliamentary scrutiny, such as the abolition of the death penalty.
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