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The Costs in Criminal Cases (Legal Costs) (Exceptions) Regulations 2013

Draft. This instrument was laid in draft and may differ from the one made. Look for the made version under its title.

Draft 2013, ISBN 9780111106303

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.

Draft Regulations laid before Parliament under section 29(1B) of the Prosecution of Offences Act 1985, for approval by resolution of each House of Parliament.

Criminal Law, England And Wales

Made ***

Coming into force 27th January 2014

The Lord Chancellor makes the following Regulations in exercise of the powers conferred by sections 16A(6) and 29(2) of the Prosecution of Offences Act 1985f1.

In accordance with section 29(1B)f2 of that Act, a draft of this instrument has been laid before and approved by a resolution of each House of Parliament.

Annotations to the whole text

Footnotes

f1

1985 c. 23. Section 16A was inserted, and 29(2) was amended, by paragraphs 3 and 8 respectively of Schedule 7 to the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10).

f2

Section 29(1B) was inserted by paragraph 8(2) of Schedule 7 to the Legal Aid, Sentencing and Punishment of Offenders Act 2012.

Contents

  1. 1Citation and commencement
  2. 2Amendments to the Prosecution of Offences Act 1985
  3. Signature
  4. Explanatory note

1Citation and commencement

These Regulations may be cited as the Costs in Criminal Cases (Legal Costs) (Exceptions) Regulations 2013 and come into force on 27th January 2014.

2Amendments to the Prosecution of Offences Act 1985

(1)

Section 16A of the Prosecution of Offences Act 1985 (defendants’ costs orders: legal costs) is amended as follows.

(2)

In subsection (2), for “or C” substitute “, C or D”.

(3)

After subsection (5) insert—

“(5A)

Condition D is that—

(a)

the accused is an individual,

(b)

the order is made under section 16(2),

(c)

the legal costs were incurred in relevant Crown Court proceedings, and

(d)

the Director of Legal Aid Casework has made a determination of financial ineligibility in relation to the accused and those proceedings

(and condition D continues to be met if the determination is withdrawn).”

(4)

After subsection (10) insert—

“(11)

In subsection (5A)—

  • “determination of financial ineligibility”, in relation to an individual and proceedings, means a determination under section 21 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012f1 that the individual’s financial resources are such that the individual is not eligible for representation under section 16 of that Act for the purposes of the proceedings;

  • “Director of Legal Aid Casework” means the civil servant designated under section 4(1) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012;

  • “relevant Crown Court proceedings” means any of the following—

    1. (a)

      proceedings in the Crown Court in respect of an offence for which the accused has been sent by a magistrates’ court to the Crown Court for trial;

    2. (b)

      proceedings in the Crown Court relating to an offence in respect of which a bill of indictment has been preferred by virtue of section 2(2)(b) of the Administration of Justice (Miscellaneous Provisions) Act 1933f2;

    3. (c)

      proceedings in the Crown Court following an order by the Court of Appeal or the Supreme Court for a retrial.”

Signature

Signed by the authority of the Lord Chancellor

Name

Parliamentary Under Secretary of State

Ministry of Justice

Date

Explanatory note

(This note is not part of the Regulations)

These Regulations amend section 16A of the Prosecution of Offences Act 1985 (the “1985 Act”). Section 16A of the 1985 Act provides that a defendant’s costs order made under section 16 of that Act may not require the payment out of central funds of an amount that includes an amount in respect of the accused’s legal costs, unless an exception applies.

Regulation 2 inserts a new exception (condition D) into section 16A of the 1985 Act which would enable an individual who is financially ineligible for legal aid in certain Crown Court proceedings to receive a payment out of central funds in respect of their legal costs if they are acquitted. New condition D continues to be met if the determination of financial ineligibility is withdrawn, so as to allow for the recovery by the individual of costs incurred prior to withdrawal.

A full impact assessment of the effect of the policy implemented by this instrument on the costs of business and the voluntary sector was produced with the Government’s response to consultation, Transforming Legal Aid: Next Steps and is available at https://consult.justice.gov.uk/.