The Criminal Legal Aid (Recovery of Defence Costs Orders) Regulations 2013

EXPLANATORY NOTE

(This note is not part of the Regulations)

The Criminal Legal Aid (Recovery of Defence Costs Orders) Regulations 2013 (“the Regulations”) provide that where an individual receives legal aid for representation under Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c.10) in relation to criminal proceedings before any court other than the magistrates’ court or the Crown Court, the court hearing the proceedings must, unless an exception applies, make a determination at the conclusion of the proceedings requiring the individual to pay some or all of the cost of their representation. Such determinations are to be recorded in a document known as a Recovery of Defence Costs Order (an “RDCO”).

Regulation 3 provides that the functions of the Director of Legal Aid Casework or the Lord Chancellor under the Regulations may be exercised by, or by an employee of, a person authorised for that purpose by the Director or the Lord Chancellor.

Regulation 5 makes provision for a court to make a determination that an individual must pay some or all of the cost of their representation, and provides that the court must record such a determination in an RDCO. Regulations 7 to 11 set out the circumstance in which a court may not make such a determination. Regulations 12 to 14 make provision for the assessment of financial resources and regulations 16 and 17 make provision in relation to the provision of information.

Regulation 20 makes provision for the enforcement of an RDCO by the Lord Chancellor.