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The Criminal Defence Service (Recovery of Defence Costs Orders) (Amendment) Regulations 2004

S.I. 2004/1195 · Made 23 April 2004

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

LEGAL SERVICE COMMISSION, ENGLAND AND WALES

Made 23rd April 2004

Laid before Parliament 26th April 2004

Coming into force 17th May 2004

The Secretary of State, in exercise of the powers conferred upon the Lord Chancellor by section 17 of the Access to Justice Act 1999f1 and now vested in himf2, makes the following Regulations:

Annotations to the whole text

Footnotes

f1

1999 c. 22.

f2

by virtue of the Secretary of State for Constitutional Affairs Order 2003 (S.I. 2003/1887), article 4(1) and Schedule 1.

Contents

  1. 1Regulation 1
  2. 2Regulation 2
  3. 3Regulation 3
  4. 4Regulation 4
  5. 5Regulation 5
  6. Signature
  7. Explanatory note

1

(1)

These Regulations may be cited as the Criminal Defence Service (Recovery of Defence Costs Orders) (Amendment) Regulations 2004 and shall come into force on 17th May 2004.

(2)

In these Regulations reference to a regulation by number alone means a regulation so numbered in the Criminal Defence Service (Recovery of Defence Costs Orders) Regulations 2001f1.

2

In regulations 3 and 4, for “may” substitute “shall”, wherever that word occurs.

3

In regulation 11, for the words from “consider” to the end substitute—

  • “:

    1. (a)

      subject to regulation 4(2), make an RDCO;

    2. (b)

      where an RDCO may be made under regulation 4(2)(d), consider whether it is reasonable in all the circumstances of the case to make such an order.”.

4

In regulation 13, omit “, other than in exceptional circumstances,”.

5

In regulation 17, after “parties” insert “, and may add any costs incurred in connection with the enforcement to the amount to be paid under the RDCO”.

Signature

Signed by authority of the Secretary of State

David Lammy

Parliamentary Under Secretary of State

Department for Constitutional Affairs

Dated 23rd April 2004

Explanatory note

(This note is not part of the Regulations)

These regulations amend the Criminal Defence Service (Recovery of Defence Costs Orders) Regulations 2001 to provide that the court must make a Recovery of Defence Costs Order in cases where the defendant is convicted and must make an order for the full cost of representation where the defendant fails to provide information about his means.