The Criminal Defence Service (Funding) (Amendment) Order 2007
| Jurisdiction | UK Non-devolved |
| Citation | SI 2007/3552 |
2007 No. 3552
legal services commission, england and wales
The Criminal Defence Service (Funding) (Amendment) Order 2007
Made 18th December 2007
Laid before Parliament 19th December 2007
Coming into force 14th January 2008
The Lord Chancellor makes the following Order in exercise of the powers conferred1by sections 14(3), 14(5) and 105 of, and paragraph 9 of Schedule 14 to, the Access to Justice Act 19992.
The Lord Chancellor has had regard to the matters specified in section 25(3) of that Act and has consulted the General Council of the Bar and the Law Society in accordance with section 25(2) of that Act.
Citation, commencement, application and interpretation
1. This Order may be cited as the Criminal Defence Service (Funding) (Amendment) Order 2007 and comes into force on 14th January 2008.
2. In this Order a reference to an article or Schedule by number alone is a reference to the article or Schedule so numbered in or to the Criminal Defence Service (Funding) Order 20073.
3. This Order applies to—
(a) proceedings in which a representation order is granted on or after 14th January 2008;
(b) proceedings which the Commission classifies as a Very High Cost Case on or after 14th January 2008.
4. In article 3 of this Order, a Very High Cost Case is a case in which a representation order has been granted and which the Commission classifies as a Very High Cost Case on the grounds that—
(a) if the case were to proceed to trial, the trial would in the opinion of the Commission be likely to last for more than 40 days, and the Commission considers that there are no exceptional circumstances which make it unsuitable to be dealt with under its contractual arrangements for Very High Cost Cases; or
(b) if the case were to proceed to trial, the trial would in the opinion of the Commission be likely to last no fewer than 25 and no more than 40 days, and the Commission considers that there are circumstances which make it suitable to be dealt with under its contractual arrangements for Very High Cost Cases.
5. The Criminal Defence Service (Funding) Order 2007 continues to apply as if this Order had not been made in respect of —
(a) proceedings in which a representation order is granted before 14th January 2008,
(b) proceedings which are a Very High Cost Case (as defined in that Order) which is the subject of an individual contract before 14th January 2008 for the provision of funded services.
Amendments to the Criminal Defence Service (Funding) Order 2007
6. The Criminal Defence Service (Funding) Order 2007 is amended as follows.
7. In article 2—
(a) after the definition of “trainee solicitor or fee earner of equivalent experience” omit “and”;
(b) for the definition of “Very High Cost Case” substitute—
““Very High Cost Case” means a case in which a representation order has been granted and which the Commission classifies as a Very High Cost Case on the grounds that—
(a) if the case were to proceed to trial, the trial would in the opinion of the Commission be likely to last for more than 40 days, and the Commission considers that there are no exceptional circumstances which make it unsuitable to be dealt with under its contractual arrangements for Very High Cost Cases; or
(b) if the case were to proceed to trial, the trial would in the opinion of the Commission be likely to last no fewer than 25 and no more than 40 days, and the Commission considers that there are circumstances which make it suitable to be dealt with under its contractual arrangements for Very High Cost Cases;”;
(c) after the definition of “Very High Cost Case” insert—
““Very High Cost Case (Crime) Panel” means a panel set up by the Commission from which representatives may be chosen to provide representation in Very High Cost Cases.”.
8. In article 3—
(a) in paragraph (4)—
(i) omit “ 7,”;
(ii) omit “, and Schedule 3 to,”;
(b) after paragraph (6) insert—
“6A This Order does not apply to Very High Cost Cases.”.
Omit article 5(8).
9. Omit article 5(8).
10. In article 6—
(a) in paragraph (5), after “A claim” insert—
“under paragraph 15 or 22 of Schedule 2 to this Order”;
(b) in paragraph (6), for “6(1)” substitute “25”;
(c) omit paragraph (9).
Omit article 7.
11. Omit article 7.
Omit article 10(2).
12. Omit article 10(2).
13. For article 12 (1) substitute—
“1 Where a case is sent for trial to the Crown Court under section 51 of the Crime and Disorder Act 19984(No committal proceedings for indictable-only offences), the payment in relation to work carried out in the magistrates’ court is included within the applicable fee payable under Schedule 1 or Schedule 2.”.
14. For article 13 substitute—
“13. Where representation is provided in proceedings referred to in section 12(2)(f) of the Act (proceedings for contempt in the face of a court), the Commission may only fund services as part of the Criminal Defence Service under section 13(2)(b) or 14(2)(b) of the Act in accordance with Schedules 1, 2 and 4.”.
15. In article 14, after paragraph (6) insert—
“6A The appropriate officer must notify the litigator and, where the disbursement claimed includes the fees or charges of any person, that person, of his decision.”.
16. In article 17—
(a) in paragraph (2)—
(i) after “a claim for fees”, insert “by an instructed advocate, where”;
(ii) in sub-paragraph (a)—
(aa) omit “in the case of an instructed advocate, where”;
(bb) at the end of the sub-paragraph, insert “and”;
(iii) omit sub-paragraph (b);
(iv) in sub-paragraph (c)—
(aa) omit “in the case of a litigator or an instructed advocate, where”;
(bb) in both places where it appears, omit “or (b)”;
(b) in paragraph (3)—
(i) in sub-paragraph (a), for “representatives”, substitute “instructed advocates”;
(ii) in sub-paragraph (b), for “representative”, substitute “instructed advocate”;
(c) in paragraph (5), omit “A litigator or”;
(d) in paragraph (6)—
(i) for “representative”, substitute “instructed advocate”;
(ii) omit “or article 6(3), as appropriate”.
17. In article 19—
(a) in paragraph (1), omit “A litigator or”;
(b) in paragraph (2)(a), omit—
(i) “litigator or”; and
(ii) “or Schedule 2, as appropriate”;
(c) for paragraph 3, substitute —
“3 In this article, “preparation” means—
(a) reading the papers in the case;
(b) contact with prosecutors;
(c) written or oral advice on plea;
(d) researching the law, preparation for examination of witnesses and preparation of oral submissions;
(e) viewing exhibits or undisclosed material at police stations;
(f) written advice on evidence;
(g) preparation of written submissions, notices or other documents for use at the trial;
(h) attendance at views at the scene of the alleged offence,
and is limited to preparation done before the trial, except in proceedings in which a preparatory hearing has been ordered under section 8 of the Criminal Justice Act 1987 (commencement of trial and arraignment), in which case it is limited to preparation done before the date on which the jury is sworn (or on which it became certain, by reason of pleas of guilty or otherwise, that the matter would not proceed to trial).”;
(d) in paragraph (4), delete “(a)”;
(e) omit paragraph (5);
(f) in paragraph (7), for “A litigator or” substitute “An”.
Omit article 20.
18. Omit article 20.
19. In article 21—
(a) in paragraph (3)—
(i) after “application for a hardship payment”, insert “by an advocate”;
(ii) in sub-paragraph (a), for “representative” substitute “advocate”;
(b) after paragraph (3) insert—
“3A Every application for a hardship payment by a litigator must be accompanied by such information and documents as the appropriate officer may require as evidence of—
(a) the Class of Offence with which the assisted person is charged, in accordance with Part 6 of Schedule 1;
(b) the length of trial, where appropriate;
(c) the number of pages of prosecution evidence, calculated in accordance with paragraph 1(2) of Schedule 2;
(d) the total number of defendants in the proceedings who are represented by the litigator;
(e) the likelihood of financial hardship.”.
Omit article 23(4).
20. Omit article 23(4).
21. In article 24—
(a) after paragraph (1) insert—
“1A Where the appropriate officer determines that the fees payable under paragraph (1) are greater than or less than the amount claimed by the litigator under article 6(1), he must notify the litigator of the amount he has determined to be payable.”;
(b) in paragraph (2)(a), for “and” substitute “or”;
(c) in paragraph (3), omit “or paragraph 14(5) of Schedule 2”;
(d) omit paragraph (4).
In article 27(1), in each place...
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