The Costs in Criminal Cases (General) (Amendment) (No. 2) Regulations 2013

Amendment to the Costs in Criminal Cases (General) Regulations 1986

2.—(1) The Costs in Criminal Cases (General) Regulations 1986(1) are amended as follows.

(2) In regulation 4—

(a) after the definition of “costs order”, insert—

““determination of financial ineligibility”, in relation to an individual and proceedings, means a determination under section 21 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 that the individual’s financial resources are such that the individual is not eligible for representation under section 16 of that Act for the purposes of the proceedings;

“Director of Legal Aid Casework” means the civil servant designated under section 4(1) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012(2);”

(b) after the definition of “presiding judge”, insert—

“;

“relevant Crown Court proceedings” means any of the following—

(a)

proceedings in the Crown Court in respect of an offence for which the accused has been sent by a magistrates’ court to the Crown Court for trial;

(b)

proceedings in the Crown Court relating to an offence in respect of which a bill of indictment has been preferred by virtue of section 2(2)(b) of the Administration of Justice (Miscellaneous Provisions) Act 1933(3);

(c)

proceedings in the Crown Court following an order by the Court of Appeal or the Supreme Court for a retrial.”

(3) In regulation 7(6)—

(a) in sub-paragraph (b)(ii), omit “or”;

(b) in sub-paragraph (c), for “,” substitute “; or”; and

(c) after sub-paragraph (c), insert—

“(d) the order was made under section 16(2) of the Act and—

(i) the legal costs were incurred in relevant Crown Court proceedings; and

(ii) the Director of Legal Aid Casework has made a determination of financial ineligibility in relation to the accused and those proceedings,”.

(1)

S.I. 1986/1335 as amended by S.I. 1999/2096, S.I. 2008/2448 and S.I. 2012/1804. There are other amendments that are not relevant to the subject matter of these Regulations.

(2)

2012 c. 10.

(3)

1933 c. 36. Section 2(2)(b) was amended by section 5 and Schedule 2 of the Criminal Appeal Act 1964 c. 43, section 152(1) and Schedule 5 of the Senior Court Act 1981 c. 54 and section 31(6) and Schedule 2 of the Prosecution of Offences Act 1985 (c. 23).