Article 12 Amendments to the Criminal Defence Service (Funding) Order 2001

delete sub-paragraph (1);

for sub-paragraph (2)(a) substitute—

“(a)

every indictable offence falls within the Class under which it is listed in the Table of Offences and, subject to sub-paragraph (3) below, indictable offences not specifically so listed shall be deemed to fall within Class H;”;

for sub-paragraph (2)(b) substitute—

“(b)

conspiracy to commit an indictable offence contrary to section 1 of the Criminal Law Act 1977^f1, incitement to commit an indictable offence and attempts to commit an indictable offence contrary to section 1 of the Criminal Attempts Act 1981^f2, fall within the same Class as the substantive offence to which they relate;”;

after sub-paragraph (2)(e) insert—

“(f)

where in a case on indictment there is a hearing to determine the question of whether an assisted person is unfit to plead or unfit to stand trial, that hearing falls within the same Class as the indictable offence to which it relates or within Class D, whichever the trial advocate shall elect; and

(g)

where in a case on indictment a restriction order is made under section 41 of the Mental Health Act 1983^f3, the offence falls within Class A, regardless of the Class under which the offence would be listed in the Table of Offences but for this paragraph.”; and

after sub-paragraph (2) insert—

“(3)

If an advocate in proceedings in the Crown Court is dissatisfied with the classification within Class H of an indictable offence not listed in the Table of Offences, he may apply to the appropriate officer to reclassify the offence.”.