Costs in Criminal Cases (General) (Amendment) Regulations 1992

Statutory Instruments

1992 No. 323

CRIMINAL LAW, ENGLAND AND WALES

Costs in Criminal Cases (General) (Amendment) Regulations 1992

Made

19th February 1992

Laid before Parliament

2nd March 1992

Coming into force

1st April 1992

The Lord Chancellor, in exercise of the powers conferred on him by sections 19(3)(d) and 20 of the Prosecution of Offences Act 1985(1), hereby makes the following Regulations:—

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Costs in Criminal Cases (General) (Amendment) Regulations 1992 and shall come into force on 1st April 1992.

(2) In these Regulations a regulation or Part referred to by number means a regulation or Part so numbered in the Costs in Criminal Cases (General) Regulations 1986(2).

Amendment of the Costs in Criminal Cases (General) Regulations 1986.

2.  After Part III there shall be inserted the following new Part:—

“PART IIIA FEES OF COURT APPOINTEES

13A.   Subject to the following provisions of this Part, Part III of these Regulations shall apply, with any necessary modifications, to the determination of the proper fee or costs of a court appointee.

13B.— (1) For the purposes of this Part of the Regulations:—

(a) the reference to “solicitor” in regulation 6(3)(a) and any reference to “applicant” in Part III shall be construed as including a reference to a court appointee;

(b) any reference to “costs” in Part III shall be construed as including a reference to the proper fee or costs of a court appointee; and

(c) the words after paragraph (b) in regulation 7(1) shall be omitted.

13C.   In this Part of the Regulations “court appointee” means a person appointed by the crown court under section 4a of the criminal procedure (insanity) act 1964(3) to put the case for the defence.”

Mackay of Clashfern, C

19th February 1992

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Costs in Criminal Cases (General) Regulations 1986 to make provision for the determination of the proper fee or costs of a person appointed by the Crown Court under section 4A of the Criminal Procedure (Insanity) Act 1964 to put the case for the defence. (The fees are determined on the same principles and under the same procedure as the costs allowed to persons awarded their costs out of central funds).

(1)

1985 c. 23; section 19(3)(d) was inserted by the Criminal Procedure (Insanity and Unfitness to Plead) Act 1991 (c. 25). Schedule 3 paragraph 8.

(2)

S.I. 1986/1335, as amended by S.I. 1991/789.

(3)

1964 c. 84; section 4A was inserted by section 2 of the Criminal Procedure (Insanity and Unfitness to Plead) Act 1991 (c. 25).