These Regulations may be cited as the Criminal Defence Service (Recovery of Defence Costs Orders) (Amendment) Regulations 2009 and come into force on 11th January 2010.
Specified date: 11 January 2010: see above.
In regulation 4 of the Criminal Defence Service (Recovery of Defence Costs Orders) Regulations 2001—
(a) in paragraph (1), for “or (4)” substitute “(4) or (5)”;
(b) after paragraph (4) insert—
“(5) An RDCO shall not be made where an assessment has been made under regulation 6(1) of the Criminal Defence Service (Contribution Orders) Regulations 2009.”.
Specified date: 11 January 2010: see reg 1.
Signed by authority of the Lord Chancellor
Bach
Parliamentary Under Secretary of State
Ministry of Justice
15th December 2009
These Regulations amend the Criminal Defence Service (Recovery of Defence Costs Orders) Regulations 2001 to provide that the court may not make a recovery of defence costs order against an individual who has publicly funded legal representation where the individual has already been assessed for liability to make payments towards the costs of that representation.
An impact assessment relating to the introduction of means testing in the Crown Court is available from Criminal Legal Aid Strategy Division, Ministry of Justice, 102 Petty France, London SW1H 9AJ or atwww.justice.gov.uk.
