Explanatory note

These Regulations amend the Costs in Criminal Cases (General) Regulations 1986 (S.I. 1986/1335) (the 1986 Regulations) which detail the procedure for making certain costs orders in criminal and related proceedings, the determination of costs payable out of central funds and allowances to persons such as witnesses. Regulations 3 to 7 remove from the 1986 Regulations the procedural elements that are contained in the new Criminal Procedure Rules (S.I. 2009/2087) about costs.

Regulation 8 substitutes regulation 7 of the 1986 Regulations. The new regulation 7 provides that the Lord Chancellor, in agreement with the Treasury, shall set the rates and scales at which payment for legal costs and disbursements may be made out of central funds.

Regulation 9 makes consequential amendments to the 1986 Regulations replacing references to the House of Lords with references to the Supreme Court.

The Armed Forces Act 2006 (c. 52) repeals section 32 of the Criminal Justice Act 1967 (c. 80) and inserts section 19(3B) into the Prosecution of Offences Act 1985 (c. 23) (which contains similar provisions for payment to a medical practitioner for a medical report provided to the court). Regulation 10 makes consequential amendments to the 1986 Regulations, which provide for the Lord Chancellor to make payment to a medical practitioner for a report.

An impact assessment was prepared for the consultation preceding these Regulations and can be found at http://www.justice.gov.uk/consultations/award-costs-central-funds.htm