Article 4 Funding of Services

(1)

Where a representation order is granted on or after 30th April 2007 for proceedings in the Crown Court or Court of Appeal—

(a)

the Commission must fund representation in accordance with its duty under section 14(1) of the Act; and

(b)

the provisions of this Order apply.

(2)

Where a representation order is granted on or after 1st April 2003, but before 30th April 2007 for proceedings in the Crown Court or the Court of Appeal—

(a)

the Commission must fund representation in accordance with its duty under section 14(1) of the Act; and

(b)

the provisions of the Criminal Defence Service (Funding) Order 2001^f1 apply.

(3)

Where a representation order is granted before 1st April 2003 for—

(a)

criminal proceedings in the House of Lords;

(b)

proceedings in the Court of Appeal; or

(c)

proceedings in the Crown Court,

the duty of the Commission under section 14(1) of the Act has effect as a duty of the Lord Chancellor and the provisions of the Criminal Defence Service (Funding) Order 2001 apply.

(4)

Where a representation order is granted before 1st April 2003 for—

(a)

any proceedings in the Crown Court which are prescribed under section 12(2)(g) of the Act;

(b)

any Very High Cost Case which is the subject of an individual contract for the provision of funded services; or

(c)

any proceedings in which representation is provided by a person employed by the Commission for that purpose,

the Commission must fund representation in accordance with its duty under section 14(1) of the Act and the provisions of the Criminal Defence Service (Funding) Order 2001 apply.

Annotations

Footnotes

f1: S.I. 2001/855, amended by S.I. 2001/1143, 2001/1256, 2001/3341, 2002/714, 2003/642, 2004/2045, 2005/2621 and 2006/389.