The Criminal Defence Service (Funding) (Amendment No. 2) Order 2012

• Citation: S.I. 2012/1343
• Sections: 14

Section 1 Citation, commencement and interpretation

(1) This Order may be cited as the Criminal Defence Service (Funding) (Amendment No. 2) Order 2012 and comes into force on 18th June 2012.

(2) This Order applies to proceedings in which a representation order is granted on or after 18 th June 2012.

Section 2 Amendments to the Criminal Defence Service (Funding) Order 2007

The Criminal Defence Service (Funding) Order 2007 is amended as follows.

Section 3 Amendments to the Criminal Defence Service (Funding) Order 2007

In article 6(2), after “committed” insert “or sent for trial”.

Section 4 Amendments to the Criminal Defence Service (Funding) Order 2007

In article 12—

(a) for the heading, substitute “Cases sent for trial to the Crown Court”;

(b) in paragraph (1), omit “under section 51 of the Crime and Disorder Act 1998 (no committal proceedings for indictable-only offences)”.

Section 5 Amendments to the Criminal Defence Service (Funding) Order 2007

In article 14(1), after “committed” insert “or sent for trial”.

Section 6 Amendments to the Criminal Defence Service (Funding) Order 2007

In paragraph 2 of Schedule 1—

(a) in sub-paragraph (4A)(a), after “committed” insert “or sent for trial”;

(b) in sub-paragraph (5A)(a), after “committed” insert “or sent for trial”;

(c) in sub-paragraph (7)(a), omit “under section 51 of the Crime and Disorder Act 1998 (no committal proceedings for indictable-only offences)”;

(d) in sub-paragraph (8), for “under the provisions” substitute “as”.

Section 7 Amendments to the Criminal Defence Service (Funding) Order 2007

In paragraph 5A of Schedule 1—

(a) For “This Part” substitute “Subject to paragraph 18, this Part”;

(b) after “committed” insert “or sent for trial”.

Section 8 Amendments to the Criminal Defence Service (Funding) Order 2007

In paragraph 7A of Schedule 1, after “committed” insert “or sent for trial”.

Section 9 Amendments to the Criminal Defence Service (Funding) Order 2007

In paragraph 18 of Schedule 1—

(a) in sub-paragraph (1)(a), omit “under section 51 of the Crime and Disorder Act 1998 (no committal proceedings for indictable-only offences)”;

(b) for sub-paragraph (4A)(b) substitute—

(b) the case is remitted to the magistrates’ court in accordance with paragraph 10(3)(a), 13(2) or 15(3)(a) of Schedule 3 to the Crime and Disorder Act 1998,

(c) in sub-paragraph (6)(b)—

(i) omit “the charge, or charges, of an offence triable only on indictment are dismissed and”;

(ii) after “paragraph 10(3)(a)” insert “, 13(2) or 15(3)(a)”.

Section 10 Amendments to the Criminal Defence Service (Funding) Order 2007

In paragraph 2 of Schedule 2—

(a) in sub-paragraph (2)(a), omit “under section 51 of the Crime and Disorder Act 1998 (no committal proceedings for indictable-only offences)”;

(b) in sub-paragraph (3), for “under the provisions” substitute “as”.

Section 11 Amendments to the Criminal Defence Service (Funding) Order 2007

In paragraph 3A of Schedule 2—

(a) For “This Part” substitute “Subject to paragraph 16, this Part”;

(b) after “committed” insert “or sent for trial”.

Section 12 Amendments to the Criminal Defence Service (Funding) Order 2007

In paragraph 8A of Schedule 2, after “committed” insert “or sent for trial”.

Section 13 Amendments to the Criminal Defence Service (Funding) Order 2007

In paragraph 15(1)(a) of Schedule 2, for “a documentary or pictorial exhibit is served by the prosecution in electronic form where” substitute “where a documentary or pictorial exhibit is served by the prosecution in electronic form and”.

Section 14 Amendments to the Criminal Defence Service (Funding) Order 2007

In paragraph 16 of Schedule 2—

(a) in sub-paragraph (1)(a), omit “under section 51 of the Crime and Disorder Act 1998 (no committal proceedings for indictable-only offences)”;

(b) for sub-paragraph (4)(b) substitute—

(b) the case is remitted to the magistrates’ court in accordance with paragraph 10(3)(a), 13(2) or 15(3)(a) of Schedule 3 to the Crime and Disorder Act 1998,

(c) in sub-paragraph (6)(b)—

(i) omit “the assisted person is charged on an indictment which includes no offence that is triable only on indictment, and”;

(ii) after “paragraph 10(3)(a)” insert “, 13(2) or 15(3)(a)”.