# The Criminal Defence Service (Funding) (Amendment) Order 2012, Article 15: Amendments to the 2007 Order


In Schedule 5, after paragraph 1(2), insert—
“(3) The reference to “Category 1A” cases is a reference to the following proceedings—
(a) either way guilty pleas;
(b) indictable only cases heard in the Youth Court;
(c) proceedings (other than committal proceedings) relating to either way offences which are discontinued or withdrawn or where the prosecution offer no evidence; and
(d) proceedings (other than committal proceedings) relating to either way offences which result in a bind over.
(4) The reference to “Category 1B” cases is a reference to the following proceedings—
(a) summary only guilty pleas;
(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);
(c) proceedings (other than committal proceedings) relating to summary offences which are discontinued or withdrawn or where the prosecution offer no evidence;
(d) proceedings (other than committal proceedings) relating to summary offences which result in a bind over;
(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;
(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
(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.
(5) The reference to “Category 2” cases is a reference to—
(a) contested trials;
(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;
(c) proceedings which were listed and fully prepared for trial in a magistrates’ court but are discontinued or withdrawn or where the prosecution offers no evidence or which result in a bind over on the day of trial before the opening of the prosecution case;
(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);
(e) proceedings where mixed pleas are entered; and
(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.
(6) The reference to “Category 3” cases is a reference to committal proceedings which are discontinued or withdrawn.”.

---
Source: https://www.legislation.gov.uk/uksi/2012/750/article/15 (the official version)
Page: https://openlegislation.uk/criminal-defence-service-funding-amendment-order-2012/article-15
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.