{
  "url": "https://openlegislation.uk/criminal-defence-service-funding-amendment-order-2012/article-15",
  "json_url": "https://openlegislation.uk/criminal-defence-service-funding-amendment-order-2012/article-15.json",
  "legislation": "uksi/2012/750",
  "legislation_title": "The Criminal Defence Service (Funding) (Amendment) Order 2012",
  "legislation_url": "https://openlegislation.uk/criminal-defence-service-funding-amendment-order-2012",
  "path": "article/15",
  "kind": "article",
  "number": "15",
  "heading": "Amendments to the 2007 Order",
  "text": "In Schedule 5, after paragraph 1(2), insert—\n“(3) The reference to “Category 1A” cases is a reference to the following proceedings—\n(a) either way guilty pleas;\n(b) indictable only cases heard in the Youth Court;\n(c) proceedings (other than committal proceedings) relating to either way offences which are discontinued or withdrawn or where the prosecution offer no evidence; and\n(d) proceedings (other than committal proceedings) relating to either way offences which result in a bind over.\n(4) The reference to “Category 1B” cases is a reference to the following proceedings—\n(a) summary only guilty pleas;\n(b) uncontested proceedings arising out of a breach of an order of a magistrates’ courts (including proceedings in a magistrates’ court relating to a breach of a Crown Court community rehabilitation order, community punishment order or suspended sentence);\n(c) proceedings (other than committal proceedings) relating to summary offences which are discontinued or withdrawn or where the prosecution offer no evidence;\n(d) proceedings (other than committal proceedings) relating to summary offences which result in a bind over;\n(e) proceedings arising out of a deferment of sentence (including any subsequent sentence hearing) under section 1 of the Powers of Criminal Courts (Sentencing) Act 2000;\n(f) proceedings prescribed under Regulation 3(2) of the Criminal Defence Service (General) (No.2) Regulations 2001, except where the case was listed and fully prepared for a contested hearing to decide whether an order should be made; and\n(g) proceedings relating to either way offences which must be tried in a magistrates’ court in accordance with section 22 of the Magistrates’ Courts Act 1980.\n(5) The reference to “Category 2” cases is a reference to—\n(a) contested trials;\n(b) proceedings which were listed and fully prepared for trial in a magistrates’ court but are disposed of by a guilty plea on the day of trial before the opening of the prosecution case;\n(c) proceedings which were listed and fully prepared for trial in a magistrates’ court but are discontinued or withdrawn or where the prosecution offers no evidence or which result in a bind over on the day of trial before the opening of the prosecution case;\n(d) contested proceedings relating to a breach of an order of a magistrates’ court (including proceedings relating to a breach of a Crown Court community rehabilitation order, community punishment order or suspended sentence);\n(e) proceedings where mixed pleas are entered; and\n(f) proceedings prescribed under Regulation 3(2) of the Criminal Defence Service (General) (No.2) Regulations 2001 where the case was listed and fully prepared for a contested hearing to decide whether an order should be made.\n(6) The reference to “Category 3” cases is a reference to committal proceedings which are discontinued or withdrawn.”.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "2000 c.6. Section 1 was amended by the Criminal Justice Act 2003 (c.44), section 278 and Schedule 23, paragraph 1 and by S.I. 2008/912."
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": "2001/1437; the relevant amending instruments are S.1.2002/912; 2004/1196; 2005/2784; 2008/725; 2009/2167 and 2777; 2010/22 and 2011/1453."
    },
    {
      "type": "footnote",
      "label": "f3",
      "text": "1980 c.43. Section 22 was amended by the Criminal Justice Act 1988 (c.33) sections 38 and 170 and Schedule 16; by the Criminal Justice Act 1991 (c.53) section 68, Schedule 8, paragraph 6; by the Criminal Justice and Public Order Act 1994 (c.33) sections 46 and 168 and Schedule 11 and by the Aggravated Vehicle-Taking Act 1992 (c.11), section 2."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2012/750/article/15",
    "retrieved_at": "2026-10-29T01:37:33.458921+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}