The Criminal Defence Service (Funding) (Amendment No. 2) Order 2009

Amendment to the Criminal Defence Service (Funding) Order 2007

4.  After paragraph 11(2) insert—

“(3) In sub-paragraph (2) “evidence” means—

(a) the statement of information served under section 16 of the Proceeds of Crime Act 2002 and relied on by the prosecution for the purposes of a hearing under Part 2 of that Act, or a similar statement served and so relied on for the purposes of a hearing under section 2 of the Drug Trafficking Act 1994 or under section 71 of the Criminal Justice Act 1988 and, in each case, any attached annexes and exhibits;

(b) any other document which—

(i) is served as a statement or an exhibit for the purposes of the trial;

(ii) is specifically referred to in, but not served with, a statement mentioned in paragraph (a); and

(iii) the prosecution state that they intend to rely on in the hearing; and

(c) any written report of an expert obtained with the prior authority of the Commission under CDS Regulations or allowed by the appropriate officer under this Order, and any attached annexes and exhibits, other than documents contained in such annexes or exhibits which have also been served under paragraph (a) or (b) or which consist of financial records or similar data.”.