Article 18 Amendments to the Criminal Defence Service (Funding) Order 2007

After paragraph 10(2) of Schedule 2 insert—

“(2A)

In sub-paragraph (2) “transfer” includes the grant of a representation order to an individual who immediately before the grant of the order—

(a)

had represented himself; or

(b)

had been represented (otherwise than under a representation order) by the litigator named in the order,

and for the purposes of that sub-paragraph the litigator shall be treated as a new litigator.

(2B)

For the purposes of sub-paragraph (2), a case is not transferred to a new litigator where—

(a)

a firm of solicitors is named as litigator in the representation order and the solicitor or other appropriately qualified person with responsibility for the case moves to another firm;

(b)

a firm of solicitors is named as litigator in the representation order and the firm changes (whether by merger or acquisition or in some other way), but so that the new firm remains closely related to the firm named in the order; or

(c)

a solicitor or other appropriately qualified person is named as litigator in the representation order and responsibility for the case is transferred to another solicitor or appropriately qualified person in the same firm or a closely related firm.

(2C)

For the purposes of sub-paragraph (2), where a case which has been transferred to a new litigator is transferred again, that new litigator——

(a)

shall be treated as an original litigator, where the transfer takes place at any time before the trial or any retrial;

(b)

shall be treated as a new litigator, where the transfer takes place during the trial or any retrial; and

(c)

shall not receive any fee, where the transfer takes place after the trial or any retrial but before the sentencing hearing.”.