The Criminal Legal Aid (Contribution Orders) (Amendment) Regulations 2015

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Criminal Legal Aid (Contribution Orders) Regulations 2013 (S.I. 2013/483) (“the Contribution Orders Regulations”). The Contribution Orders Regulations make provision in relation to the liability of individuals who are in receipt of representation under section 16 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10) to make a payment in connection with the provision of such representation, based on the financial resources of the individual. A contribution payment can be made from an individual’s income and capital.

Regulation 2 of these Regulations amends regulation 28 of the Contribution Orders Regulations to provide that the Director is required to include in the calculation of specified capital the capital which is subject to a restraint order under Part 2 of the Proceeds of Crime Act 2002 (c. 29) (“POCA”). Regulation 32 is amended so that a capital contribution order must state the amount of capital which is subject to a POCA restraint order. Where the individual in receipt of representation is subject to a confiscation order under Part 2 of POCA payment is due from their restrained assets within 28 days of date on which the confiscation order is discharged or satisfied or such further period following the discharge or satisfaction of the confiscation order as may be agreed between the Director and the individual. The overall effect of these amendments is that a capital contribution can be taken from capital subject to a restraint order under Part 2 of POCA once the represented individual’s confiscation order under Part 2 of POCA is discharged or satisfied. The amendments only affect capital contributions; the rules on income contributions from restrained assets remain the same.

Regulation 3 of these Regulations provides that these amendments only apply where a restraint order made under Part 2 of POCA is made after the commencement of these Regulations on 1st June 2015.

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