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The Costs in Criminal Cases (General) (Amendment) Regulations 2013

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EXPLANATORY NOTE

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These Regulations amend the Costs in Criminal Cases (General) Regulations 1986 (S.I. 1986/1335) (“the 1986 Regulations”) which concern the procedure for making certain costs orders in criminal and related proceedings, the determination of costs payable out of central funds and allowances to persons such as witnesses.

Regulation 2(2) and (3) amends regulations 14 and 15 of the 1986 Regulations. These amendments are in consequence of the abolition of the committal procedure by the Criminal Justice Act 2003 (Commencement No. 31 and Saving Provisions) Order 2013 (S.I. 2013/1103). These amendments reflect the fact that cases are no longer committed by magistrates’ courts to the Crown Court for trial, but rather are sent there.

Regulation 2(4) amends Part 5 of the 1986 Regulations, which details when payments can be made to certain groups of people arising out of their involvement in criminal proceedings. The amendment ensures that intermediaries that are required to assist the defendant in court will be able to receive payment out of central funds. This amendment implements, in part, Directive 2010/64/EU of the European Parliament and of the Council of 20th October 2010 on the right to interpretation and translation in criminal proceedings (OJ L 280, 26.10.2010, p.1.).

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