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Three features of committal proceedings remain unclear. This may make justice still difficult to achieve:
(1) Who below the Court of Appeal and High Court grants legal aid; and who assesses means and merit (or is grant as of right: the law is still unclear);
(2) What level of judge deals with a committal application; and what decides the level (the rules are unclear); and
(3) To what extent is guilty intent (mens rea) necessary: some committal applications are strict liability; whereas publication (eg under Administration of Justice 1960 s 12(1)) probably requires mens rea (see eg Fe F [1977] Denning MR and Scarman LJ)
PS I know that Chamberlain J said Mr Rimer had said legal aid was available without assessment of means or merits. My correspondence with Mr Rimer suggests it is not as simple as that; and Chamberlain J’s reference to a regulation does not exist…