Interpretation9

1

Except as provided in paragraph (2), for the purpose of calculating the financial resources of the funded defendant:

a

the amount or value of every source of income and every resource of a capital nature available to him may be taken into account; and

b

the financial resources of the funded defendant’s partner shall be treated as the financial resources of the funded defendant.

2

Other than in exceptional circumstances, the following assets of the funded defendant shall not be taken into account:

a

the first £3,000 of capital available to him;

b

the first £100,000 of equity in his principal residence; and

c

his income, where the court or the Commission are satisfied that his gross annual income does not exceed £24,000.

3

In this regulation, “funded defendant’s partner” means a person with whom the funded defendant lives as a couple, and includes a person with whom the funded defendant is not currently living but from whom he is not living separate and apart.