The Costs in Criminal Cases (General) (Amendment) (No. 2) Regulations 1992

Statutory Instruments

1992 No. 2956

CRIMINAL LAW, ENGLAND AND WALES

The Costs in Criminal Cases (General) (Amendment) (No. 2) Regulations 1992

Made

18th November 1992

Laid before Parliament

30th November 1992

Coming into force

21st December 1992

The Lord Chancellor, in exercise of the powers conferred on him by section 20 of the Prosecution of Offences Act 1985(1), hereby makes the following Regulations:–

1.  These Regulations may be cited as the Costs in Criminal Cases (General) (Amendment) (No. 2) Regulations 1992 and shall come into force on 21st December 1992.

2.  In regulation 14 of the Costs in Criminal Cases (General) Regulations 1986(2), for paragraph (3) the following shall be substituted:–

“(3) Section 18 of the Act shall apply to proceedings in a magistrates' court or the Crown Court–

(a) for dealing with an offender under Schedule 1, Part I, paragraph 1B and Schedule 2, Part II, paragraphs 3 and 4 of the Criminal Justice Act 1991(3) (orders for conditional discharge, community service orders, probation orders etc);

(b) under section 23(1) or 27 of the Powers of Criminal Courts Act 1973(4) for dealing with an offender in respect of a suspended sentence or for breach of a suspended sentence supervision order; or

(c) under section 19 of the Criminal Justice Act 1982(5) for dealing with an offender in respect of a breach of an attendance centre order,

as if the offender had been tried in those proceedings for the offence for which the order was made or the sentence passed.”

Mackay of Clashfern, C.

Dated 18th November 1992

Explanatory Note

(This note is not part of the Regulations)

These Regulations update references in the Costs in Criminal Cases (General) Regulations 1986 to various enactments which have been superseded or modified by the Criminal Justice Act 1991. The enactments deal with proceedings to which section 18 of the Prosecution of Offences Act 1985 is extended (power to award costs against an offender).

(1)

1985 c. 23; there are amendments to section 20 not relevant to this instrument.

(2)

S.I. 1986/1335; there are no relevant amendments.

(3)

1991 c. 53.

(4)

1973 c. 62; section 23 was amended by the Criminal Justice Act 1982 (c. 48), Schedule 16 and section 27 was amended by the Criminal Justice Act 1982 (c. 48), section 39, Schedule 4 and by S.I. 1984/447.

(5)

1982 c. 48, as amended by the Criminal Justice Act 1991 (c. 53), section 67.