(This note is not part of the Regulations)
These Regulations amend Part III of the Costs in Criminal Cases (General) Regulations 1986 (S.I. 1986/1335) (the 1986 Regulations), which set out procedures relating to payments out of central funds pursuant to Part 2 of the Prosecution of Offences Act 1985 (c.23)(“the Act”) in respect of costs incurred in criminal proceedings. These regulations also correct an error in regulation 20 of the 1986 Regulations.
Regulation 2 provides that, with the exception of regulation 7 (which applies to all cases), these Regulations only apply to criminal proceedings arising on or after 1st October 2012. Regulation 3 provides that in any case, appeal or reference arising before 1st October 2012 the Costs in Criminal Cases (General) Regulations 1986 apply as though they had not been amended by these regulations.
Regulation 5 inserts new regulation 4A into the 1986 Regulations. Regulation 4A applies where the court fixes an amount to be paid out of central funds to a successful defendant or appellant in accordance with section 16(6C) of the Act or sections 62A(4) or 135A(4) of the Extradition Act 2003 (c.41). It provides that the court in such cases must, in relation to any amounts payable in respect of legal costs, calculate such amounts in accordance with the rates or scales or other provision made by the Lord Chancellor in relation to the calculation of amounts payable out of central funds, whether or not that results in the fixing of an amount that the court considers reasonably sufficient or necessary to compensate the accused.
Regulation 6 substitutes regulation 7 of the 1986 Regulations. New regulation 7(1)-(5) of the 1986 Regulations makes similar provision to the regulation being substituted. New regulation 7(6) of the 1986 Regulations applies to legal proceedings where not all individuals are eligible for legal aid and provides that in such proceedings, if the amount of an award out of central funds is not fixed by the court, any amount payable in respect of legal costs must be calculated in accordance with rates or scales or other provision made by the Lord Chancellor, whether or not that results in the fixing of an amount that the appropriate authority considers reasonably sufficient or necessary to compensate the person. New regulation 7(7) of the 1986 Regulations requires the Lord Chancellor with the consent of the Treasury, to determine provision as to how amounts payable out of central funds in respect of legal costs shall be calculated.
Regulation 7 replaces a reference to section 30 of the Magistrates’ Courts Act 1980 (c.43), which has been repealed, with a reference to section 11 of the Powers of Criminal Courts (Sentencing) Act 2000 (c.6), which replaced section 30.