The Criminal Legal Aid (Recovery of Defence Costs Orders) Regulations 2013
| Jurisdiction | UK Non-devolved |
| Citation | SI 2013/511 |
| Year | 2013 |
2013 No. 511
Legal Aid And Advice, England And Wales
The Criminal Legal Aid (Recovery of Defence Costs Orders) Regulations 2013
Made 6th March 2013
Laid before Parliament 11th March 2013
Coming into force 1st April 2013
The Lord Chancellor makes the following Regulations1in exercise of the powers conferred by sections 5(2) and (4), 23(1), (2), (4) to (9) and (11), 24(1) to (3), 30(2) and 41(1) to (3) of the Legal Aid, Sentencing and Punishment of Offenders Act 20122.
Citation and commencement
1. These Regulations may be cited as the Criminal Legal Aid (Recovery of Defence Costs Orders) Regulations 2013 and come into force on 1st April 2013.
Interpretation
2. In these Regulations—
“the Act” means the Legal Aid, Sentencing and Punishment of Offenders Act 2012;
“capital” means the amount or value of every resource of a capital nature;
“criminal legal aid” means representation made available under section 16 (representation for criminal proceedings) of the Act;
“gross annual income” means a represented individual’s total income from all sources during the year ending on the date on which the application for a determination under section 16 of the Act is made in relation to relevant proceedings;
“provider” means a person with whom the Lord Chancellor has made an arrangement under section 2(1) of the Act (arrangements) for the provision of criminal legal aid;
“qualifying benefit” means—
(a) income support payable under section 124 of the Social Security Contributions and Benefits Act 19923or section 123 of the Social Security Contributions and Benefits (Northern Ireland) Act 19924;
(b) income-based jobseeker’s allowance payable under the Jobseekers Act 19955or an allowance payable under Part II of the Jobseekers (Northern Ireland) Order 19956;
(c) guarantee credit payable under section 1(3)(a) of the State Pension Credit Act 20027or section 1(3)(a) of the State Pension Credit Act (Northern Ireland) 20028;
(d) income-related employment and support allowance payable under Part 1 of the Welfare Reform Act 20079or section 1(2)(b) of the Welfare Reform Act (Northern Ireland) 200710; and
(e) universal credit payable under Part 1 of the Welfare Reform Act 201211;
“Recovery of Defence Costs Order (an “RDCO”)” means a document that records a determination made under these Regulations;
“registrar” means the registrar of the Supreme Court or the registrar of criminal appeals and any officer designated to act on their behalf;
“relevant court” means the court before which the proceedings are heard;
“relevant proceedings” means criminal proceedings before any court other than the magistrates’ court or the Crown Court; and
“represented individual” means an individual to whom representation is provided under section 16 of the Act in relation to relevant proceedings.
Delegation
3. A function of the Director or Lord Chancellor under these Regulations may be exercised by, or by an employee of, a person authorised for that purpose by the Director or Lord Chancellor respectively12.
General
4. These Regulations make provision for the relevant court to make a determination under section 23 of the Act (payment for services) that a represented individual is required to make a payment in respect of the cost of their representation in relevant proceedings.
Recovery of defence costs orders
5.—(1) Subject to regulations 7 to 11, at the conclusion of any relevant proceedings involving a represented individual, the relevant court must make a determination that the represented individual is required to pay—
(a)
(a) the cost of that individual’s representation in such proceedings; or
(b)
(b) such proportion of the cost of that individual’s representation in the proceedings as the relevant court considers reasonable, having regard in particular to the financial resources of that individual.
(2) The maximum amount payable in respect of a determination made under these Regulations is the full cost of the represented individual’s representation in the proceedings before the relevant court.
Recovery of defence costs orders: general
6.—(1) The relevant court must record a determination made under these Regulations in an RDCO.
(2) When a relevant court makes a determination under these Regulations it must give reasons for the terms of the determination.
(3) A determination under these Regulations may provide for immediate payment of the full amount payable in respect of the determination, or for periodic payment of specified instalments.
(4) Any payment due in respect of a determination made under these Regulations must be made to the Lord Chancellor in accordance with terms of the determination.
Exceptions: children
7. The relevant court must not make a determination under these Regulations in relation to a represented individual who is under the age of 18 on the date on which the application for a determination by the Director or the court under section 16 of the Act is made.
Exceptions: acquitted individuals
8.—(1) Subject to regulation 17, the relevant court must not make a determination under these Regulations in relation to a represented individual where—
(a)
(a) the individual was before the relevant court to appeal against one or more convictions; and
(b)
(b) in respect of every conviction the relevant court allowed the appeal,
unless the relevant court considers it reasonable in all the circumstances of the case to make a determination under these Regulations in relation to the individual.
(2) Where the relevant court makes a determination in relation to a represented individual in accordance with paragraph (1), it must give reasons for doing so.
Exceptions: qualifying benefits
9. Subject to regulation 17, the relevant court must not make a determination under these Regulations in relation to a represented individual who is, directly or indirectly, properly in receipt of a qualifying benefit.
Exceptions: assets and income
10.—(1) Subject to regulation 17, the relevant court must not make a determination under these Regulations in relation to a represented individual who has none of the following—
(a)
(a) capital exceeding £3,000;
(b)
(b) equity in the individual’s main dwelling exceeding £100,000; and
(c)
(c) gross annual income exceeding £22,325.
(2) For the purpose of paragraph (1), where an individual resides in more than one dwelling, the court must decide which dwelling is the main dwelling.
Other exceptions
11.—(1) Subject to regulation 17, the relevant court must not make a determination under these Regulations if it is satisfied that—
(a)
(a) it would not be reasonable to make such a determination, on the basis of the information and evidence available; or
(b)
(b) requiring a represented individual to make a payment in respect of the cost of their representation in relevant proceedings would, owing to the exceptional circumstances of the case, involve undue financial hardship.
(2) Where the relevant court, in accordance with paragraph (1), does not make a determination in relation to a represented individual it must give reasons for not making...
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