OpenLegislation

The Criminal Defence Service (Funding) (Amendment No. 2) Order 2012

S.I. 2012/1343 · Made 17 May 2012

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Legal Services Commission, England And Wales

Made 17th May 2012

Laid before Parliament 22nd May 2012

Coming into force 18th June 2012

The Lord Chancellor makes the following Order in exercise of the powers conferred by sections 14(3) and 25(8A) of the Access to Justice Act 1999f1.

The Lord Chancellor has consulted the General Council of the Bar and the Law Society in accordance with section 25(2) of that Act and has had regard to the matters specified in section 25(3) of that Act.

Annotations to the whole text

Footnotes

f1

1999 c. 22. The reference in section 6 to the Lord Chancellor was changed to the Secretary of State by S.I. 2003/1887 and changed back to the Lord Chancellor by S.I. 2005/3429. Section 25(8A) was inserted by section 153 of the Coroners and Justice Act 2009 (c. 25).

Contents

  1. 1Citation, commencement and interpretation
  2. 2Amendments to the Criminal Defence Service (Funding) Order 2007
  3. 3Amendments to the Criminal Defence Service (Funding) Order 2007
  4. 4Amendments to the Criminal Defence Service (Funding) Order 2007
  5. 5Amendments to the Criminal Defence Service (Funding) Order 2007
  6. 6Amendments to the Criminal Defence Service (Funding) Order 2007
  7. 7Amendments to the Criminal Defence Service (Funding) Order 2007
  8. 8Amendments to the Criminal Defence Service (Funding) Order 2007
  9. 9Amendments to the Criminal Defence Service (Funding) Order 2007
  10. 10Amendments to the Criminal Defence Service (Funding) Order 2007
  11. 11Amendments to the Criminal Defence Service (Funding) Order 2007
  12. 12Amendments to the Criminal Defence Service (Funding) Order 2007
  13. 13Amendments to the Criminal Defence Service (Funding) Order 2007
  14. 14Amendments to the Criminal Defence Service (Funding) Order 2007
  15. Signature
  16. Explanatory note

1Citation, commencement and interpretation

(1)

This Order may be cited as the Criminal Defence Service (Funding) (Amendment No. 2) Order 2012 and comes into force on 18th June 2012.

(2)

This Order applies to proceedings in which a representation order is granted on or after 18th June 2012.

2Amendments to the Criminal Defence Service (Funding) Order 2007

The Criminal Defence Service (Funding) Order 2007f1 is amended as follows.

3Amendments to the Criminal Defence Service (Funding) Order 2007

In article 6(2), after “committed” insert “or sent for trial”.

4Amendments to the Criminal Defence Service (Funding) Order 2007

In article 12—

(a)

for the heading, substitute “Cases sent for trial to the Crown Court”;

(b)

in paragraph (1), omit “under section 51 of the Crime and Disorder Act 1998f1 (no committal proceedings for indictable-only offences)”.

5Amendments to the Criminal Defence Service (Funding) Order 2007

In article 14(1), after “committed” insert “or sent for trial”.

6Amendments to the Criminal Defence Service (Funding) Order 2007

In paragraph 2 of Schedule 1—

(a)

in sub-paragraph (4A)(a), after “committed” insert “or sent for trial”;

(b)

in sub-paragraph (5A)(a), after “committed” insert “or sent for trial”;

(c)

in sub-paragraph (7)(a), omit “under section 51 of the Crime and Disorder Act 1998 (no committal proceedings for indictable-only offences)”;

(d)

in sub-paragraph (8), for “under the provisions” substitute “as”.

7Amendments to the Criminal Defence Service (Funding) Order 2007

In paragraph 5A of Schedule 1—

(a)

For “This Part” substitute “Subject to paragraph 18, this Part”;

(b)

after “committed” insert “or sent for trial”.

8Amendments to the Criminal Defence Service (Funding) Order 2007

In paragraph 7A of Schedule 1, after “committed” insert “or sent for trial”.

9Amendments to the Criminal Defence Service (Funding) Order 2007

In paragraph 18 of Schedule 1—

(a)

in sub-paragraph (1)(a), omit “under section 51 of the Crime and Disorder Act 1998 (no committal proceedings for indictable-only offences)”;

(b)

for sub-paragraph (4A)(b) substitute—

“(b)

the case is remitted to the magistrates’ court in accordance with paragraph 10(3)(a), 13(2) or 15(3)(a) of Schedule 3 to the Crime and Disorder Act 1998,”;

(c)

in sub-paragraph (6)(b)—

(i)

omit “the charge, or charges, of an offence triable only on indictment are dismissed and”;

(ii)

after “paragraph 10(3)(a)” insert “, 13(2) or 15(3)(a)”.

10Amendments to the Criminal Defence Service (Funding) Order 2007

In paragraph 2 of Schedule 2—

(a)

in sub-paragraph (2)(a), omit “under section 51 of the Crime and Disorder Act 1998 (no committal proceedings for indictable-only offences)”;

(b)

in sub-paragraph (3), for “under the provisions” substitute “as”.

11Amendments to the Criminal Defence Service (Funding) Order 2007

In paragraph 3A of Schedule 2—

(a)

For “This Part” substitute “Subject to paragraph 16, this Part”;

(b)

after “committed” insert “or sent for trial”.

12Amendments to the Criminal Defence Service (Funding) Order 2007

In paragraph 8A of Schedule 2, after “committed” insert “or sent for trial”.

13Amendments to the Criminal Defence Service (Funding) Order 2007

In paragraph 15(1)(a) of Schedule 2, for “a documentary or pictorial exhibit is served by the prosecution in electronic form where” substitute “where a documentary or pictorial exhibit is served by the prosecution in electronic form and”.

14Amendments to the Criminal Defence Service (Funding) Order 2007

In paragraph 16 of Schedule 2—

(a)

in sub-paragraph (1)(a), omit “under section 51 of the Crime and Disorder Act 1998 (no committal proceedings for indictable-only offences)”;

(b)

for sub-paragraph (4)(b) substitute—

“(b)

the case is remitted to the magistrates’ court in accordance with paragraph 10(3)(a), 13(2) or 15(3)(a) of Schedule 3 to the Crime and Disorder Act 1998,”;

(c)

in sub-paragraph (6)(b)—

(i)

omit “the assisted person is charged on an indictment which includes no offence that is triable only on indictment, and”;

(ii)

after “paragraph 10(3)(a)” insert “, 13(2) or 15(3)(a)”.

Signature

Signed by authority of the Lord Chancellor

J Djanogly

Parliamentary Under Secretary of State

Ministry of Justice

17th May 2012

Explanatory note

(This note is not part of the Order)

This Order amends the Criminal Defence Service (Funding) Order 2007 (S.I. 2007/1174).

The Order makes a number of amendments to the 2007 Order in the light of the Criminal Justice Act 2003 (Commencement No. 28 and Saving Provisions) Order 2012 (S.I. 2012/1320) (“the 2012 commencement Order”). The 2012 commencement Order commences certain provisions of the Criminal Justice 2003 so that, with effect from 18th June 2012 in certain local justice areas, offences triable either way will be sent from the magistrates’ court to the Crown Court rather than reaching the Crown Court by way of committal proceedings. The Order makes consequential amendments to a number of provisions of the 2007 Order to reflect that fact and ensures that the existing provisions of the 2007 Order in relation to cases sent to the Crown Court also apply to cases sent for trial to the Crown Court in the relevant local justice areas under the commenced provisions.

The Order also corrects a minor error in the 2007 Order.