The Criminal Defence Service (Contribution Orders) Regulations 2009

PART 3 APPEALS TO THE CROWN COURT

Application of Part 3

31.—(1) This Part applies to appeals to the Crown Court in criminal proceedings against—

(a) conviction;

(b) sentence or an order; or

(c) conviction and sentence.

(2) In this Part “order”, without more, means an order made in proceedings referred to in regulation 3(2) of the Criminal Defence Service (General) (No.2) Regulations 2001(1).

Application of provisions in Part 2

32.  The following regulations apply to appeals as they apply to proceedings to which Part 2 applies—

(a) regulation 5, except where the individual had been granted a representation order for the proceedings in the magistrates’ court;

(b) regulation 6, but so that “an income contribution order” is to be read as “a contribution order”;

(c) regulation 7;

(d) regulation 8(1), (2) and (4) to (6), but—

(i) so that “an income contribution order” is to be read as “a contribution order”;

(ii) as if there were inserted after paragraph (5)(i) —

“(j) £500, representing the costs of an appeal.”;

(iii) as if there were inserted after paragraph (11)—

“(12) The individual must notify an individual whose annual disposable income exceeds £3,398 that the individual will be liable to make a payment under a contribution order if regulation 33(b) applies.”.

(e) regulations 25, 26, 27(1), 28, 29 and 30.

Contribution order

33.  The assessing authority must make a contribution order in respect of the appeal where—

(a) the individual’s annual disposable income exceeds £3,398 and—

(b) the appeal is made against—

(i) conviction, or against conviction and sentence, and is abandoned or dismissed;

(ii) sentence or an order, and is abandoned or dismissed; or

(iii) conviction and sentence, and the appeal against conviction is abandoned or dismissed but the appeal against sentence is allowed.

Amount of contribution order

34.  The amount payable under a contribution order made—

(a) under regulation 33(b)(i) is £500;

(b) under regulation 33(b)(ii) or (b)(iii) is £250.

Contents of contribution order and payment

35.—(1) A contribution order must state—

(a) that the amount must be paid within 28 days of the determination or abandonment of the appeal or within such other period as may be agreed by the Commission and the individual;

(b) that if a payment is not made by the due date compound interest at the rate of 6% a year with half-yearly rests may be added to that payment from that date;

(c) the remedies available to the Commission as a creditor if the payment is not made by the due date;

(d) the individual’s right under regulation 29.

(2) Payments under a contribution order must be made to the Commission.

(1)

S.I. 2001/1437, amended by S.I. 2002/712, 2004/2784, 2005/2784, 2008/725, 2009/2167 and 2009/2777.