The Criminal Defence Service (Funding) (Amendment) Order 2012

Amendments to the 2007 Order

15.  In Schedule 5, after paragraph 1(2), insert—

“(3) The reference to “Category 1A” cases is a reference to the following proceedings—

(a) either way guilty pleas;

(b) indictable only cases heard in the Youth Court;

(c) proceedings (other than committal proceedings) relating to either way offences which are discontinued or withdrawn or where the prosecution offer no evidence; and

(d) proceedings (other than committal proceedings) relating to either way offences which result in a bind over.

(4) The reference to “Category 1B” cases is a reference to the following proceedings—

(a) summary only guilty pleas;

(b) uncontested proceedings arising out of a breach of an order of a magistrates’ courts (including proceedings in a magistrates’ court relating to a breach of a Crown Court community rehabilitation order, community punishment order or suspended sentence);

(c) proceedings (other than committal proceedings) relating to summary offences which are discontinued or withdrawn or where the prosecution offer no evidence;

(d) proceedings (other than committal proceedings) relating to summary offences which result in a bind over;

(e) proceedings arising out of a deferment of sentence (including any subsequent sentence hearing) under section 1 of the Powers of Criminal Courts (Sentencing) Act 2000(1);

(f) proceedings prescribed under Regulation 3(2) of the Criminal Defence Service (General) (No.2) Regulations 2001(2), except where the case was listed and fully prepared for a contested hearing to decide whether an order should be made; and

(g) proceedings relating to either way offences which must be tried in a magistrates’ court in accordance with section 22 of the Magistrates’ Courts Act 1980(3).

(5) The reference to “Category 2” cases is a reference to—

(a) contested trials;

(b) proceedings which were listed and fully prepared for trial in a magistrates’ court but are disposed of by a guilty plea on the day of trial before the opening of the prosecution case;

(c) proceedings which were listed and fully prepared for trial in a magistrates’ court but are discontinued or withdrawn or where the prosecution offers no evidence or which result in a bind over on the day of trial before the opening of the prosecution case;

(d) contested proceedings relating to a breach of an order of a magistrates’ court (including proceedings relating to a breach of a Crown Court community rehabilitation order, community punishment order or suspended sentence);

(e) proceedings where mixed pleas are entered; and

(f) proceedings prescribed under Regulation 3(2) of the Criminal Defence Service (General) (No.2) Regulations 2001 where the case was listed and fully prepared for a contested hearing to decide whether an order should be made.

(6) The reference to “Category 3” cases is a reference to committal proceedings which are discontinued or withdrawn.”.

(1)

2000 c.6. Section 1 was amended by the Criminal Justice Act 2003 (c.44), section 278 and Schedule 23, paragraph 1 and by S.I. 2008/912.

(2)

2001/1437; the relevant amending instruments are S.1.2002/912; 2004/1196; 2005/2784; 2008/725; 2009/2167 and 2777; 2010/22 and 2011/1453.

(3)

1980 c.43. Section 22 was amended by the Criminal Justice Act 1988 (c.33) sections 38 and 170 and Schedule 16; by the Criminal Justice Act 1991 (c.53) section 68, Schedule 8, paragraph 6; by the Criminal Justice and Public Order Act 1994 (c.33) sections 46 and 168 and Schedule 11 and by the Aggravated Vehicle-Taking Act 1992 (c.11), section 2.