The Criminal Procedure (Amendment) Rules 2012

Amendments to the Criminal Procedure Rules 2012

14.  In Part 76 (Costs)—

(a) in rule 76.1 (When this Part applies)—

(i) from paragraph (1)(i), omit ‘or’,

(ii) at the end of paragraph (1)(j), insert ‘; or’, and

(iii) after paragraph (1)(j) insert—

“(k) Part 1 or 2 of the Extradition Act 2003(1).”;

(b) in the note to rule 76.1—

(i) from sub-paragraph (r) of the first paragraph, omit ‘or’, and

(ii) after sub-paragraph (s) of the first paragraph insert—

“(t) section 60 or 133 of the Extradition Act 2003 (costs where extradition ordered) for the payment by a defendant of another person’s costs; or

(u) section 61 or 134 of the Extradition Act 2003(2) (costs where discharge ordered) for the payment out of central funds of a defendant’s costs.”;

(c) in the note to rule 76.2 (Costs orders: general rules), at the end of the second paragraph insert ‘See, for example, section 16A of the Prosecution of Offences Act 1985(3).’;

(d) in rule 76.4 (Costs out of central funds)—

(i) in paragraph (2)(b), for ‘costs funded by the Legal Services Commission’ substitute ‘costs met by legal aid’,

(ii) for paragraph (6) substitute—

“(6) If the court makes an order—

(a) the court may direct an assessment under, as applicable—

(i) Part III of The Costs in Criminal Cases (General) Regulations 1986(4), or

(ii) Part 3 of The Serious Crime Act 2007 (Appeals under Section 24) Order 2008(5);

(b) the court may assess the amount itself in a case in which either—

(i) the recipient agrees the amount, or

(ii) the court decides to allow a lesser sum than that which is reasonably sufficient to compensate the recipient for expenses properly incurred in the proceedings;

(c) an order for the payment of a defendant’s costs which includes an amount in respect of fees payable to a legal representative, or disbursements paid by a legal representative, must include a statement to that effect.”; and

(iii) after paragraph (6) insert—

“(7) If the court directs an assessment, the order must specify any restriction on the amount to be paid that the court considers appropriate.

(8) If the court assesses the amount itself, it must do so subject to any restriction on the amount to be paid that is imposed by regulations made by the Lord Chancellor.”;

(e) in the note to rule 76.4, in the second paragraph—

(i) from sub-paragraph (a)(vi) omit ‘or’, in the second place it occurs,

(ii) at the end of sub-paragraph (a)(vii) insert ‘, or’, and

(iii) after sub-paragraph (a)(vii) insert—

“(viii) where the defendant is discharged under Part 1 or 2 of the Extradition Act 2003;”,

(iv) in the final sentence of sub-paragraph (a) omit ‘and’, in the third place it occurs, and at the end of the sentence insert ‘and sections 61 and 134 of the Extradition Act 2003’, and

(v) after sub-paragraph (c) insert—

“Where the court makes an order for the payment of a defendant’s costs out of central funds—

(a) the general rule is that the order may not require the payment of any amount in respect of fees payable to a legal representative, or disbursements paid by a legal representative (including expert witness costs), but if the defendant is an individual then an order may require payment of such an amount in a case—

(i) in a magistrates’ court, including in an extradition case,

(ii) in the Crown Court, on appeal from a magistrates’ court, or

(iii) in the Court of Appeal, on an appeal against a verdict of not guilty by reason of insanity, or against a finding under the Criminal Procedure (Insanity) Act 1964(6), or on an appeal under section 16A of the Criminal Appeal Act 1968(7) (appeal against order made in cases of insanity or unfitness to plead); and

(b) any such amount may not exceed an amount specified by regulations made by the Lord Chancellor.

(See section 16A of the Prosecution of Offences Act 1985(8), sections 62A, 62B, 135A and 135B of the Extradition Act 2003(9) and regulations 4A and 7 of The Costs in Criminal Cases (General) Regulations 1986(10).)”;

(f) in rule 76.5 (Costs on conviction and sentence)—

(i) from paragraph (1)(b), omit ‘or’,

(ii) at the end of paragraph (1)(c), insert ‘; or’, and

(iii) after paragraph (1)(c) insert—

“(d) in an extradition case—

(i) ordered to be extradited, under Part 1 of the Extradition Act 2003, or

(ii) sent for extradition to the Secretary of State, under Part 2 of that Act.”;

(g) in the note to rule 76.5, in the first paragraph—

(i) from sub-paragraph (a) omit ‘and’,

(ii) at the end of sub-paragraph (b) insert ‘, and’, and

(iii) after sub-paragraph (b) insert—

“(c) sections 60 and 133 of the Extradition Act 2003.”;

(h) in rule 76.6 (Costs on appeal), in paragraph (2)(b), for ‘costs funded by the Legal Services Commission’ substitute ‘costs met by legal aid’;

(i) in rule 76.8 (Costs resulting from unnecessary or improper act, etc.), in paragraph (2), for ‘costs funded by the Legal Services Commission’ substitute ‘costs met by legal aid’;

(j) in rule 76.9 (Costs against a legal representative)—

(i) in paragraph (2), for ‘costs funded by the Legal Services Commission’ substitute ‘costs met by legal aid’, and

(ii) in paragraph (8)(a)(i), for ‘funded by the Legal Services Commission’ substitute ‘to be met by legal aid’;

(k) in the note to rule 76.9, from the first paragraph omit sub-paragraph (d); and

(l) in rule 76.10 (Costs against a third party), in paragraph (2), for ‘costs funded by the Legal Services Commission’ substitute ‘costs met by legal aid’.

(1)

2003 c. 41.

(2)

2003 c. 41; sections 61 and 134 were amended by paragraphs 12, 13 and 16 and Part 4 of Schedule 7 to the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10).

(3)

1985 c. 23; section 16A was inserted by paragraphs 1 and 3 and Part 4 of Schedule 7 to the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10).

(4)

S.I. 1986/1335; relevant amending instruments are S.I. 1999/2096 and S.I. 2008/2448.

(5)

S.I. 2008/1863.

(6)

1964 c. 84.

(7)

1968 c. 19; section 16A was inserted by section 25 of the Domestic Violence, Crime and Victims Act 2004 (c. 28).

(8)

1985 c. 23; section 16A was inserted by paragraphs 1 and 3 and Part 4 of Schedule 7 to the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10).

(9)

2003 c. 41; sections 62A and 62B were inserted by paragraphs 12 and 15 and Part 4 of Schedule 7 to the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10) and sections 135A and 135B were inserted by paragraphs 12 and 18 and Part 4 of that Schedule.

(10)

S.I. 1986/1335; regulation 4A was inserted, and regulation 7 substituted, by regulations 4, 5 and 6 of S.I. 2012/1804.