The Costs in Criminal Cases (General) (Amendment) Regulations 2012

• Citation: S.I. 2012/1804
• Sections: 7

Section 1 Citation, commencement, application and transitional provision

These Regulations may be cited as the Costs in Criminal Cases (General) (Amendment) Regulations 2012 and come into force on 1st October 2012.

Section 2 Citation, commencement, application and transitional provision

With the exception of regulation 7, these Regulations apply—

(a) to cases committed, transferred or sent to the Crown Court on or after 1st October 2012;

(b) to appeals and references to the Court of Appeal where the application for leave to appeal, appeal notice or notice of reference was served on or after 1st October 2012; and

(c) in all other cases, to proceedings commenced on or after 1st October 2012.

Section 3 Citation, commencement, application and transitional provision

In any case, appeal or reference not described in regulation 2, the Costs in Criminal Cases (General) Regulations 1986 apply as though the amendments in regulations 5 and 6 of these Regulations had not been made.

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

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

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

After regulation 4 insert—

Costs fixed by the court

(4A) Where the court fixes an amount to be paid to the accused out of central funds in accordance with section 16(6C) of the Act or sections 62A(4) or 135A(4) of the Extradition Act 2003 , it must, in relation to any amounts payable in respect of legal costs , calculate such amounts in accordance with the rates or scales or other provision made by the Lord Chancellor pursuant to regulation 7(7), whether or not that results in the fixing of an amount that the court considers reasonably sufficient or necessary to compensate the accused.

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

For regulation 7 substitute—

(7)

(1) The appropriate authority shall consider the claim and any further particulars, information or documents submitted by the applicant under regulation 6(5), 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) In calculating costs under paragraph (1) the appropriate authority shall take into account all the relevant circumstances of the case including the nature, importance, complexity and difficulty of the work and the time involved.

(3) 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.

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

(5) Subject to paragraph (6), the appropriate authority shall allow such legal costs as it considers reasonably sufficient to compensate the applicant for any expenses properly incurred by him in the proceedings.

(6) Where the subject of a costs order is an individual and—

(a) the order was made under section 16(1), (3) or (4)(a)(ii) or (iii) or (d) of the Act;

(b) the order was made under section 16 and includes legal costs that were incurred in proceedings in a court below which were—

(i) proceedings in a magistrates’ court; or

(ii) proceedings on an appeal to the Crown Court under section 108 of the Magistrates’ Courts Act 1980 ; or

(c) the order includes an amount in respect of legal costs incurred in proceedings in a magistrates’ court under the Extradition Act 2003,

the appropriate authority shall calculate amounts payable out of central funds in respect of legal costs to the individual in accordance with the rates or scales or other provision made by the Lord Chancellor pursuant to paragraph (7), whether or not that results in the fixing of an amount that the appropriate authority considers reasonably sufficient or necessary to compensate the individual.

(7) The Lord Chancellor shall, with the consent of the Treasury, determine provision (whether in the form of rates or scales or other provision) as to how amounts payable out of central funds in respect of legal costs shall be calculated.

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

In regulation 20(2)(b) , for “section 30 of the Magistrates’ Courts Act 1980” substitute “section 11 of the Powers of Criminal Courts (Sentencing) Act 2000 ”.