The Legal Aid in Criminal and Care Proceedings (General) Regulations 1989

Variation and revocation of contribution orders

35.—(1) At the conclusion of the relevant proceedings the court in which those proceedings are concluded may, if it thinks fit,–

(a) remit any sum due under a contribution order which falls to be paid after the conclusion of those proceedings; or

(b) remit or order the repayment of any sum due or paid under a contribution order where the legally assisted person has been acquitted,

and, in this regulation, “relevant proceedings” means the proceedings for the purposes of which legal aid was granted under the legal aid order in connection with which the contribution order was made or, where those proceedings are proceedings before a magistrates' court which result in the legally assisted person being committed to the Crown Court for trial or sentence or in his case being remitted to a juvenile court, the relevant proceedings include the proceedings before the Crown Court or that juvenile court.

(2) Where the legal aid order in connection with which a contribution order was made is revoked, paragraph (1) shall apply as if the relevant proceedings had been concluded.

(3) Where a legally assisted person–

(a) successfully appeals against his conviction; or

(b) is respondent to an appeal which is unsuccessful,

the court hearing the appeal may remit or order the repayment of any sum due or paid under a contribution order.

(4) Where a contribution order is revoked, or varied to an amount which is less than that which has already been paid, the court or the proper officer of the court shall order the repayment of any sum paid or overpaid as the case may be.

(5) Where–

(a) a contribution order is varied to an amount greater than that which was previously payable; or

(b) a contribution order is made after a determination under regulation 32;

and any payment is to be made out of disposable income, the court or the proper officer may, for the purpose of such payment, extend the period provided in regulation 29 within which such payment is to be made.

(6) An order varying or revoking a contribution order shall be in Form 8 and a copy of it shall be sent to the person ordered to make the contribution, to the legally assisted person’s solicitor (or, where counsel only is assigned, to counsel) and to the proper officer of the collecting court.