Article 6 Amendments to the Criminal Defence Service (Funding) Order 2001

in sub-paragraph (7) for “sub-paragraph (6)” substitute “sub-paragraph (8)”;

in sub-paragraph (7)(f) for “pursuant to CDS Regulations” substitute “in accordance with sub-paragraphs (10A) and (10B)”;

after sub-paragraph (10) insert—

“(10A)

A judge of the Crown Court shall have power to certify that attendance on the advocate instructed in the proceedings is required for the whole or any part of a hearing and, in deciding whether a case should be so certified, the judge shall have regard to the following factors, in addition to any other factors which he considers to be relevant:

(a)

on which days (if any) the attendance of a significant number of defence witnesses is likely to be required;

(b)

where the hearing is a trial, the amount of documentary evidence likely to be adduced on behalf of the defence;

(c)

the likelihood of the legally assisted person disrupting the proceedings if the advocate were to appear alone;

(d)

whether the advocate represents more than one legally assisted person;

(e)

on which days (if any) the advocate is likely to require notes of the proceedings to be taken for the proper conduct of the defence.

(10B)

An application for a certificate under sub-paragraph (10A) may be made at or at any time after the pleas and directions hearing or, if there is to be no pleas and directions hearing, at or at any time after the listing of the first hearing of the case; and in either case the application may be made orally or in writing.”; and

delete sub-paragraphs (12) and (13).