The Costs in Criminal Cases (General) (Amendment) Regulations 2008

EXPLANATORY NOTE

(This note is not part of the Regulations)

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

make minor amendments in order to achieve consistency in the regulations on costs unnecessarily incurred, wasted costs orders and third party costs orders and update references to legal aid (regulations 3 to 5 and 9);

transfer responsibility for determining most costs payable out of central funds in criminal proceedings in magistrates’ courts from justices’ clerks to officers appointed by the Lord Chancellor (in practice the National Taxing Team of Her Majesty’s Courts Service) (regulations 6, 7, 8 and 10);

update legislative references to proceedings for breaches of requirements of sentences or orders (regulation 11);

provide for the payment of allowances to intermediaries (regulations 6 and 12 to 16).

A full regulatory impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen.