Defendants' costs out of Central Funds on or After 31st October 2009
As a consequence of the coming into effect on 31st October 2009 of the Costs in Criminal Cases (General) (Amendment) Regulations 2009 the whole basis on which claims for defendants costs out of central funds are determined and paid has changed. These provisions do not apply to the costs of private prosecutors or appointees (orders under s17 or s19 Prosecution of Offences Act 1985).
For all cases which commence either in the Magistrates Court or in the Crown Court after the operative date, defendants costs from central funds will be remunerated on a basis similar to that used to determine remuneration within the Criminal Defence Service for defendants with a representation order.
The detailed scheme for determining remuneration is set out in the Rates and Scales instrument issued by the Lord Chancellor under authority of regulation 7(4) of the Costs in Criminal Cases (General) Regulations 1986 as amended.
The Lord Chancellor has also issued under regulation 5(3) Directions and Guidance to determining officers as to how they are to exercise their discretion in determining claims for costs out of central funds under the new system.
The Lord Chancellor has also issued Directions and Guidance as to how Crown Court VHCC-class claims are to be categorised and dealt with.
In the Magistrates Court In the Magistrates Court the rates and scales to be applied by determining officers are based on those in the Criminal Defence Service Unified Criminal Contract.
The existing claim form and cover sheet for claims for costs out of central funds in the Magistrates Court may be used to make a claim in this class of work.
In the Crown Court
In the Crown Court cases are categorised either (1) as VHCC class, in which case remuneration will be determined on a basis similar to that in Criminal Defence Service Very High Costs Case contracts, or (2) as non-VHCC class, in which case remuneration will be determined on a basis similar to that in Criminal Defence Service advocate and litigator graduated fees.
Applicants for costs should note that as a consequence of these changes specific information will be required by the NTT with every claim to enable the claim to be allocated to the correct class, or within the VHCC class to the correct category. The information required is specified in the Guidance. Where this information is not supplied, claims will be returned.
For further detail please go to the court website
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