Article 14 Amendments to the Criminal Procedure Rules 2015

In Part 45 (Costs)—

(a)

in rule 45.1 (When this Part applies), in paragraph (1)(c) for ‘rule 76.6 or rule 76.7’ substitute ‘rule 45.6 or rule 45.7’;

(b)

in rule 45.3 (Court’s power to vary requirements)—

(i)

in paragraph (1), for ‘The court may’ substitute ‘Unless other legislation otherwise provides, the court may’, and

(ii)

at the end of the rule insert—

“[Note. The time limit for applying for a costs order may be affected by the legislation under which the order is made. See, for example, sections 19(1), (2) and 19A of the Prosecution of Offences Act 1985^f1, regulation 3 of the Costs in Criminal Cases (General) Regulations 1986^f2 and rules 45.8(4)(a) and 45.9(4)(a).]”;

(c)

in rule 45.8 (Costs resulting from unnecessary or improper act, etc.)—

(i)

at the end of paragraph (4)(a) insert ‘, and in any event no later than the end of the case’,

(ii)

after paragraph (7) insert—

“(8)
To help assess the amount, the court may direct an enquiry by—

(a)
the Lord Chancellor, where the assessment is by a magistrates’ court or by the Crown Court; or

(b)
the Registrar, where the assessment is by the Court of Appeal.

(9)
In deciding whether to direct such an enquiry, the court must have regard to all the circumstances including—

(a)
any agreement between the parties about the amount to be paid;

(b)
the amount likely to be allowed;

(c)
the delay and expense that may be incurred in the conduct of the enquiry; and

(d)
the particular complexity of the assessment, or the difficulty or novelty of any aspect of the assessment.

(10)
If the court directs such an enquiry—

(a)
paragraphs (3) to (8) inclusive of rule 45.11 (Assessment and re-assessment) apply as if that enquiry were an assessment under that rule (but rules 45.12 (Appeal to a costs judge) and 45.13 (Appeal to a High Court judge) do not apply);

(b)
the authority that carries out the enquiry must serve its conclusions on the court officer as soon as reasonably practicable after following that procedure; and

(c)
the court must then assess the amount to be paid.”, and

(iii)

after the first paragraph of the note to the rule insert—

“Under section 19(1), (2) of the 1985 Act and regulation 3(1) of the 1986 Regulations, the court’s power to make a costs order to which this rule applies can only be exercised during the proceedings.”;

(d)

in rule 45.9 (Costs against a legal representative)—

(i)

at the end of paragraph (4)(a) insert ‘, and in any event no later than the end of the case’,

(ii)

after paragraph (7) insert—

“(8)
To help assess the amount, the court may direct an enquiry by—

(a)
the Lord Chancellor, where the assessment is by a magistrates’ court or by the Crown Court; or

(b)
the Registrar, where the assessment is by the Court of Appeal.

(9)
In deciding whether to direct such an enquiry, the court must have regard to all the circumstances including—

(a)
any agreement between the parties about the amount to be paid;

(b)
the amount likely to be allowed;

(c)
the delay and expense that may be incurred in the conduct of the enquiry; and

(d)
the particular complexity of the assessment, or the difficulty or novelty of any aspect of the assessment.

(10)
If the court directs such an enquiry—

(a)
paragraphs (3) to (8) inclusive of rule 45.11 (Assessment and re-assessment) apply as if that enquiry were an assessment under that rule (but rules 45.12 (Appeal to a costs judge) and 45.13 (Appeal to a High Court judge) do not apply);

(b)
the authority that carries out the enquiry must serve its conclusions on the court officer as soon as reasonably practicable after following that procedure; and

(c)
the court must then assess the amount to be paid.”,

(iii)

renumber paragraph (8) as paragraph (11), and

(iv)

after the first paragraph of the note to the rule insert—

“Under section 19A(1) of the 1985 Act, the court’s power to make a costs order to which this rule applies can only be exercised during the proceedings.”; and

(e)

in rule 45.10 (Costs against a third party), after paragraph (7) insert—

“(8)
To help assess the amount, the court may direct an enquiry by—

(a)
the Lord Chancellor, where the assessment is by a magistrates’ court or by the Crown Court; or

(b)
the Registrar, where the assessment is by the Court of Appeal.

(9)
In deciding whether to direct such an enquiry, the court must have regard to all the circumstances including—

(a)
any agreement between the parties about the amount to be paid;

(b)
the amount likely to be allowed;

(c)
the delay and expense that may be incurred in the conduct of the enquiry; and

(d)
the particular complexity of the assessment, or the difficulty or novelty of any aspect of the assessment.

(10)
If the court directs such an enquiry—

(a)
paragraphs (3) to (8) inclusive of rule 45.11 (Assessment and re-assessment) apply as if that enquiry were an assessment under that rule (but rules 45.12 (Appeal to a costs judge) and 45.13 (Appeal to a High Court judge) do not apply);

(b)
the authority that carries out the enquiry must serve its conclusions on the court officer as soon as reasonably practicable after following that procedure; and

(c)
the court must then assess the amount to be paid.”.

Annotations

Footnotes

f1: 1985 c. 23; section 19 was amended by section 166 of the Criminal Justice Act 1988 (c. 33), section 45 of, and Schedule 6 to, the Legal Aid Act 1988 (c. 34), section 7 of, and paragraph 8 of Schedule 3 to, the Criminal Procedure (Insanity and Unfitness to Plead) Act 1991 (c. 25), section 24 of, and paragraphs 27 and 28 of Schedule 4 to, the Access to Justice Act 1999 (c. 22), sections 40 and 67 of, and paragraph 4 of Schedule 7 to, the Youth Justice and Criminal Evidence Act 1999 (c. 23), section 165 of, and paragraph 99 of Schedule 9 to, the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6), section 378 of, and paragraph 107 of Schedule 16 to, the Armed Forces Act 2006 (c. 52), section 6 of, and paragraph 32 of Schedule 4 and paragraphs 1 and 5 of Schedule 27 to, the Criminal Justice and Immigration Act 2008 (c. 4) and paragraphs 22 and 23 of Schedule 5, and paragraphs 1 and 5 and Part 4 of Schedule 7, to the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10). Section 19A was inserted by section 111 of the Courts and Legal Services Act 1990 (c. 41).
f2: S.I. 1986/1335; regulation 3 was amended by regulations 2 and 3 of S.I. 2008/2448.