Article 7 Amendments to the Criminal Defence Service (Funding) Order 2001

in paragraph 2, for sub-paragraph (2) substitute—

“(2)

This Schedule does not apply to a case which goes to trial where the trial exceeds 40 days, unless:

(a)

it was accepted by the court at the pleas and directions hearing that the trial would not exceed 40 days but it did; or

(b)

the Commission was notified and accepted that the trial would not exceed 40 days but it did; or

(c)

the Commission has made an election under article 9A to apply this Schedule to the whole or any part of a Very High Cost Case.”; and

in paragraph 4, for sub-paragraph (b) substitute—

“(b)

the length of the main hearing, or the combined length of the main hearing and of any hearing to which paragraph 2(6), 13 or 14 applies exceeds 40 days, unless:

(i)

it was accepted by the court at the pleas and directions hearing that the trial would not exceed 40 days but it did; or

(ii)

the Commission was notified and accepted that the trial would not exceed 40 days but it did; or

(iii)

the Commission has made an election under article 9A to apply this Schedule to the whole or any part of a Very High Cost Case.”.