The Criminal Defence Service (Contribution Orders) Regulations 2009

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations make provision for contribution orders for the cost of publicly funded representation in criminal trials in and appeals to the Crown Court. They—

prescribe the relevant authority for the purposes of assessing liability to contribution orders and making such orders (regulation 3);

require defendants who are applying for publicly funded representation to provide details of their income and capital (regulation 5);

except certain defendants from liability to contribution orders (regulation 7);

set out how liability to a contribution order, based on the defendant’s income and payable before the conclusion of the proceedings, is to be calculated and what such an order must contain (regulations 8 to 10, 25 and 26);

require the authority to determine the costs of the defendant’s representation after the individual has been convicted (or, in exceptional circumstances, acquitted) (regulation 11);

set out how liability to a contribution order based on the defendant’s capital is to be calculated and what such an order must contain (regulations 12 to 20, 22, 25 and 26);

enable a defendant to apply to the court in certain circumstances for an order to pay only a proportion of the costs of representation (regulation 21);

require the authority to repay to acquitted defendants amounts already paid under a contribution order (regulations 23 and 24);

require the defendant to notify the authority of a change in financial circumstances (regulation 27) and enable the authority to make, revoke or vary contribution orders in cases of such a change or of a miscalculation (regulations 27 and 28);

enable the defendant to apply for a review of a contribution order on the grounds of miscalculation or financial hardship (regulation 29);

require individuals whose appeals to the Crown Court are unsuccessful or partially successful to pay a contribution towards the cost of their publicly funded representation (regulations 31 to 35).

An impact assessment relating to the introduction of means testing in the Crown Court is available from Criminal Legal Aid Strategy Division, Ministry of Justice, 102 Petty France, London SW1H 9AG or at www.justice.gov.uk.