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United Kingdom Statutory Instruments |
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You are here: BAILII >> Databases >> United Kingdom Statutory Instruments >> The Criminal Defence Service (Recovery of Defence Costs Orders) Regulations 2001 No. 856 URL: http://www.bailii.org/uk/legis/num_reg/2001/20010856.html |
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| Made | 8th March 2001 | ||
| Laid before Parliament | 12th March 2001 | ||
| Coming into force | 2nd April 2001 |
and, in either case, includes an officer designated by him to act on his behalf in that regard;
3.
- (1) Where an individual receives representation in respect of criminal proceedings which is funded by the Commission or the Lord Chancellor as part of the Criminal Defence Service, the court before which the proceedings are heard, other than a magistrates' court, may make an order requiring him to pay some or all of the cost of any representation so funded for him in the circumstances set out in these Regulations.
(2) An order of the type mentioned in paragraph (1) shall be known as a Recovery of Defence Costs Order (an "RDCO").
4.
- (1) The judge hearing the case may make an RDCO against a funded defendant except as provided in paragraph (2).
(2) An RDCO may not be made against a funded defendant who:
5.
- (1) An RDCO may be made up to a maximum amount of the full cost of the representation incurred in any court under the representation order.
(2) An RDCO may provide for payment to be made forthwith, or in specified instalments.
6.
Except in the circumstances mentioned in regulation 4(2)(a), (b) or (c), such information and evidence as is required by the court or the Commission with regard to the financial resources of a funded defendant shall be provided.
7.
- (1) Where a representation order has been made or is being considered, the court or the appropriate officer may refer the financial resources of the funded defendant to the Commission for a report, and the Commission shall produce such a report.
(2) In compiling a report under this regulation, the Commission may investigate the financial resources of the funded defendant and may subsequently require him to provide further information or evidence, and details of any change in his financial circumstances.
8.
- (1) Without prejudice to regulation 9(1)(a), where it appears to the judge, the appropriate officer or the Commission that:
the judge, the appropriate officer or the Commission (as the case may be) may assess or estimate the value of the resources of that other person and may treat all or any of such resources as those of the funded defendant.
(2) In this regulation, "person" includes a company, partnership, body of trustees and any body of persons whether corporate or not corporate.
9.
- (1) Except as provided in paragraph (2), for the purpose of calculating the financial resources of the funded defendant:
(2) Other than in exceptional circumstances, the following assets of the funded defendant shall not be taken into account:
(3) In this regulation, "funded defendant's partner" means a person with whom the funded defendant lives as a couple, and includes a person with whom the funded defendant is not currently living but from whom he is not living separate and apart.
10.
Where he is requested to do so by the judge, the solicitor for the funded defendant shall provide an estimate of the total costs which are likely to be incurred under the representation order.
11.
At the conclusion of the relevant proceedings, the judge shall consider whether it is reasonable to make an RDCO in all the circumstances of the case, including any other financial order or penalty.
12.
Where the judge considers that it is, or may be, reasonable to make an RDCO, he may:
13.
Where information is required under regulation 6, 7(2) or 12(b)(ii) and such information fails to be provided, an RDCO shall, other than in exceptional circumstances, be made for the full cost of the representation incurred under the representation order.
14.
- (1) The solicitor for the funded defendant shall inform the Commission if it subsequently transpires that the costs incurred under the representation order were lower than the amount ordered to be paid under an RDCO.
(2) In the circumstances mentioned in paragraph (1), where the funded defendant has paid the amount ordered to be paid under the RDCO, the balance shall be repaid to him.
15.
The judge may make an order prohibiting an individual who is required to furnish information or evidence from dealing with property where:
16.
Any payment required to be made under an RDCO shall be made to the Commission in accordance with the order.
17.
The Commission may enforce an RDCO in any manner which would be applicable to a civil debt between parties.
Irvine of Lairg,
C.
Dated 8th March 2001
