Explanatory note

These Regulations amend Part III of the Costs in Criminal Cases (General) Regulations 1986 (S.I. 1986/1335) (“the 1986 Regulations”), which set out procedures relating to payments out of central funds pursuant to Part 2 of the Prosecution of Offences Act 1985 (c.23)(“the Act”) in respect of costs incurred in criminal proceedings.

The amendments in these Regulations are consequential on amendment to section 16A of the Act to enable, in certain Crown Court proceedings, payment of an acquitted defendant’s costs out of central funds. This new exception would enable an individual who is ineligible for legal aid in certain Crown Court proceedings to receive a payment out of central funds in respect of their legal costs if they are acquitted.

Regulation 2 amends Part III of the 1986 Regulations to provide that where legal costs are recoverable in such circumstances, the amounts payable out of central funds in respect of such costs will be calculated in accordance with the rates or scales or other provision made by the Lord Chancellor.

A full impact assessment of the effect of the policy implemented by this instrument on the costs of business and the voluntary sector was produced with the Government’s response to consultation, Transforming Legal Aid: Next Steps and is available at https://consult.justice.gov.uk/.