The Criminal Defence Service (Recovery of Defence Costs Orders) (Amendment) Regulations 2008

Amendments to the Criminal Defence Service (Recovery of Defence Costs Orders) Regulations 2001

5.  For regulation 4 substitute—

“4.— (1) The judge hearing the case shall make an RDCO against a funded defendant except as provided in paragraph (2), (3) or (4).

(2) An RDCO shall not be made against a funded defendant who—

(a) has appeared in the magistrates’ court only; or

(b) is committed for sentence to the Crown Court.

(3) Subject to regulation 13, an RDCO shall not be made against a funded defendant who—

(a) has been acquitted, other than in exceptional circumstances;

(b) is directly or indirectly in receipt of—

(i) guarantee credit;

(ii) income support;

(iii) income-based jobseeker’s allowance; or

(iv) income-related employment and support allowance;

(c) has none of the following assets—

(i) capital over £3,000;

(ii) equity in that defendant’s principal residence over £100,000;

(iii) gross annual income over £22,235; or

(d) is under the age of 18.

(4) Subject to regulation 13, an RDCO shall not be made where the judge hearing the case is satisfied that—

(a) it would not be reasonable to make such an order, on the basis of the information and evidence available; or

(b) the payment of an RDCO would, owing to the exceptional circumstances of the case, involve undue financial hardship.”.