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

9.  In regulation 9—

(a) in paragraph (1) (a) for “may” substitute “shall”;

(b) for paragraph (1) (b) substitute—

“(b) the amount or value of every source of income and every resource of a capital nature available to the funded defendant’s partner shall be treated as the financial resources of the funded defendant, unless the partner has a contrary interest in the criminal proceedings before the court.”;

(c) for paragraph (2) substitute—

“(2) Unless there are exceptional circumstances, the following assets of the funded defendant shall be taken into account by the judge when considering the terms of the order—

(a) capital over £3,000;

(b) equity in the funded defendant’s principal residence over £100,000;

(c) gross annual income over £22,235.”.