The Criminal Defence Service (Choice in Very High Cost Cases)(Amendment) Regulations 2004

• Citation: S.I. 2004/598
• Sections: 3

Section 1

(1) These Regulations may be cited as the Criminal Defence Service (Choice in Very High Cost Cases)(Amendment) Regulations 2004 and shall come into force on the day after the day on which they are made.

(2) In these Regulations, a regulation referred to by number alone means the regulation so numbered in the Criminal Defence Service (Choice in Very High Cost Cases) Regulations 2001 .

Section 2

In regulation 2—

(a) after the definition of “representation order” insert—

“the Specialist Fraud Panel” means the panel of solicitors determined by the Commission as those suitable to deal with very high cost fraud cases;

(b) in the definition of “Very High Cost Case”, after sub-paragraph (b) insert—

and any question as to whether the case fulfils either of the criteria in sub-paragraphs (a) and (b) above shall be determined by the Commission; and

(c) after the definition of “Very High Cost Case” insert—

“very high cost fraud case” means a Very High Cost Case with regard to which the offence with which the defendant is charged is primarily or substantially founded on allegations of fraud or other serious financial impropriety, or involves complex financial transactions.

Section 3

(1) In regulation 3(1)(c), after “current representatives;” delete “or”.

(2) In regulation 3(1)(d), for “such a contract.” substitute “such a contract; or”

(3) After regulation 3(1)(d) insert—

(e) the current solicitor representatives are not members of the Specialist Fraud Panel and the case is a very high cost fraud case.

(4) In regulation 3(2)(a), for “paragraph (1)(c) or (d)” substitute “paragraph (1)(c), (d) or (e)”.

(5) In regulation 3(2)(b), for “The Criminal Defence Service (General) Regulations” substitute “the Criminal Defence Service (General)(No.2) Regulations 2001 ”.

(6) In regulation 3(2)(c), before “Commission” insert “court or the”.