The Criminal Defence Service (Contribution Orders) Regulations 2009

Capital contribution order

19.—(1) Subject to regulations 20 and 21, where the individual has disposable capital, the assessing authority must make a capital contribution order requiring the individual to pay—

(a) the whole of the costs of the individual’s representation in the proceedings in the Crown Court, where the amount of the disposable capital is the same as or exceeds the amount of such costs, or

(b) a contribution, towards such costs, of the amount of the disposable capital, where that amount is less than the amount of the costs,

less any amounts already paid under an income contribution order.

(2) Where—

(a) the individual, without reasonable excuse, fails to comply with a request under regulation 5(4) in relation to capital, and

(b) the assessing authority has reason to believe that the individual has disposable capital of £30,000 or more,

the authority may decide not to make the deduction in regulation 18.

(3) The assessing authority must notify an individual who does not have disposable capital that the individual is not liable to a capital contribution order but remains liable for any outstanding amounts under an income contribution order.