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The Criminal Defence Service (Contribution Orders) Regulations 2009

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Evidence of financial resources

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5.—(1) Where an individual applies for a representation order for proceedings to which this Part applies, the individual must provide the assessing authority with the information necessary to enable it to calculate the individual’s income and capital in accordance with these Regulations for the purpose of determining the individual’s liability to a contribution order.

(2) The information is—

(a)the individual’s name, address, date of birth and National Insurance number;

(b)whether the individual has a partner and, if so, whether the partner has a contrary interest in the proceedings;

(c)whether the individual has children living in the individual’s household and, if so, their ages;

(d)whether the individual is in receipt of a qualifying benefit and, if so, which one;

(e)the individual’s gross annual income;

(f)details of any of the matters specified in regulation 8(5);

(g)whether the individual has capital, within the meaning of regulation 12(3), and if so, what capital;

(h)details of the individual’s preferred method of payment, should the individual be liable to make payments under a contribution order.

(3) The individual must, within 14 days of the later of the grant of the representation order and the committal or sending of the individual to the Crown Court, the transfer of the proceedings to the Crown Court or the preferring of the bill of indictment, provide the assessing authority with documentary evidence for the purpose of determining the individual’s liability to a contribution order.

(4) The assessing authority may, where the individual fails to comply with paragraph (3), require the individual to provide the documentary evidence within 7 days of the date of the request.

(5) The assessing authority may at any time require the individual to provide further information or documentary evidence for the purpose of determining the individual’s liability to a contribution order.

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