The Costs in Criminal Cases (General) (Amendment) Regulations 2009

• Citation: S.I. 2009/2720
• Sections: 10

Section 1 Citation, commencement and application

(1) These Regulations may be cited as the Costs in Criminal Cases (General) (Amendment) Regulations and come into force on 31st October 2009.

(2) Regulation 7 of the Costs in Criminal Cases (General) Regulations 1986 (as substituted by regulation 8 of these Regulations) applies—

(a) in respect of all cases committed, transferred or sent to the Crown Court on or after 31st October 2009,

(b) in respect of all appeals and references to the Court of Appeal where the application for leave to appeal, notice of appeal or reference was made on or after 31st October 2009 and,

(c) in all other cases, in respect of proceedings commenced on or after 31st October 2009.

Section 2 Amendments to the Costs in Criminal Cases (General) Regulations 1986

The Costs in Criminal Cases (General) Regulations 1986 are amended as follows.

Section 3 Amendments to the Costs in Criminal Cases (General) Regulations 1986

Omit paragraphs (2) and (4) of regulation 3B.

Section 4 Amendments to the Costs in Criminal Cases (General) Regulations 1986

(1) Omit paragraphs (2), (3), (4) and (5) of regulation 3C.

(2) In regulation 3C(6)—

(a) for “The court may” substitute “The appeal court may”,

(b) omit “and shall notify its decision to the appellant, any interested party and the court which made the order”.

Section 5 Amendments to the Costs in Criminal Cases (General) Regulations 1986

Omit paragraphs (2), (3), (4) and (5) of regulation 3F.

Section 6 Amendments to the Costs in Criminal Cases (General) Regulations 1986

Omit regulation 3G.

Section 7 Amendments to the Costs in Criminal Cases (General) Regulations 1986

(1) Omit paragraphs (2), (3), (4) and (5) of regulation 3H.

(2) In regulation 3H(6) omit “and shall notify its decision to the appellant, any interested party and the court which made the order”.

Section 8 Amendments to the Costs in Criminal Cases (General) Regulations 1986

For regulation 7 and substitute—

Determination of rates and scales of costs payable out of central funds

(7)

(1) The appropriate authority shall consider the claim, any further particulars, information or documents submitted by the applicant under regulation 6 and shall allow costs in respect of—

(a) such work as appears to it to have been actually and reasonably done; and

(b) such disbursements as appear to it to have been actually and reasonably incurred.

(2) Any doubts which the appropriate authority may have as to whether the costs were reasonably incurred or were reasonable in amount shall be resolved against the applicant.

(3) The costs awarded shall not exceed the costs actually incurred.

(4) The Lord Chancellor shall, with the consent of the Treasury and for the purposes of this regulation, determine the rates and scales of costs in respect of work and disbursements payable out of central funds.

Section 9 Amendments to the Costs in Criminal Cases (General) Regulations 1986

(1) For the heading to regulation 13 for “ House of Lords ” substitute “ Supreme Court ”.

(2) In regulations 13(1), (2) and 16(1), in each instance, for “House of Lords” substitute “Supreme Court”.

Section 10 Amendments to the Costs in Criminal Cases (General) Regulations 1986

In regulation 25(1) for “section 32(2) of the Criminal Justice Act 1967” substitute “section 19(3B) of the Act” .