Statutory Instruments

2000 No. 2094

CRIMINAL LAW, ENGLAND AND WALES

The Costs in Criminal Cases (General) (Amendment) Regulations 2000

Made

25th July 2000

Laid before Parliament

2nd August 2000

Coming into force in accordance with regulation 1

The Lord Chancellor, in exercise of the powers conferred on him by sections 19(3)(d) and (e) and 20 of the Prosecution of Offences Act 1985(1), hereby makes the following Regulations:-

Citation and commencement

1. These Regulations may be cited as the Costs in Criminal Cases (General) (Amendment) Regulations 2000 and shall come into force immediately after the commencement of section 38(4) of the Youth Justice and Criminal Evidence Act 1999.

Interpretation

2. In these Regulations a reference to any regulation by number alone means the regulation so numbered in the Costs in Criminal Cases (General) Regulations 1986(2).

Amendments to the Costs in Criminal Cases (General) Regulations 1986

3. For regulation 13C there shall be substituted the following:-

"13C. In this Part of the Regulations "court appointee" means:-

(a)a person appointed by the Crown Court under section 4A of the Criminal Procedure (Insanity) Act 1964(3) to put the case for the defence;

(b)a legal representative appointed by the court under section 38(4) of the Youth Justice and Criminal Evidence Act 1999(4) to cross-examine a witness in the interests of the accused.".

Signed by authority of the Lord Chancellor

David Lock

Parliamentary Secretary

Lord Chancellor's Department

Dated 25th July 2000

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Costs in Criminal Cases (General) Regulations 1986 so as to provide that the system set out in Part III for the payment of defendants' costs out of central funds should apply with any necessary modifications to the remuneration of a legal representative appointed by the court to cross-examine a witness under section 38(4) of the Youth Justice and Criminal Evidence Act 1999 (for example in sexual cases).

(1)

1985 c. 23; section 19(3)(d) was inserted by the Criminal Procedure (Insanity and Unfitness to Plead) Act 1991 (c. 25), Schedule 3 paragraph 8, and section 19(3)(e) was inserted by the Youth Justice and Criminal Evidence Act 1999 (c. 23) section 40(1).

(2)

S.I. 1986/1335, amended where relevant by S.I. 1992/323.

(3)

1964 c. 84; section 4A was inserted by section 2 of the Criminal Procedure (Insanity and Unfitness to Plead) Act 1991 (c. 25).

(4)

1999 c. 23.