Citation, commencement and interpretation

1.—(1) This Order may be cited as the Criminal Defence Service (Funding) (Amendment) Order 2008 and comes into force on 24th April 2008.

(2) In this Order “the 2007 Order” means the Criminal Defence Service (Funding) Order 2007(2).

Amendments to the 2007 Order

2.  In article 3(6A) of the 2007 Order, after “Cases” insert “, except as provided in paragraph 25 of Schedule 2”.

3.  After paragraph 24 of Schedule 2 to the 2007 Order insert—

“Very High Cost Cases

25.—(1) This paragraph applies where, in a Very High Cost Case, a litigator instructs an advocate who is not a member of a Very High Cost Case (Crime) Panel, in accordance with the contract.

(2) The litigator may claim payment from the Commission in respect of work undertaken by the advocate and authorised in accordance with the contract.

(3) Where such a claim is made, the Commission must pay the litigator at rates no higher than the rates set out in the tables following this paragraph.

(4) In this paragraph “the contract” means the Very High Cost Case contract for panel members, made between the Commission and panel members and dated 2nd April 2008(3).

(5) In the tables following this paragraph—

(a)a reference in the first table to a category is a reference to that category as defined in the contract;

(b)a reference in the first table to a level A or B solicitor-advocate is a reference to a level A or B solicitor-advocate as defined in the contract;

(c)a reference in the second table to a junior includes a solicitor-advocate.

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends the Criminal Defence Service (Funding) Order 2007 (S.I. 2007/1174), which provides for the funding and remuneration of services provided under Part 1 of the Access to Justice Act 1999 as part of the Criminal Defence Service. This Order provides that in a Very High Cost Case where a litigator instructs an advocate who is not a member of a panel for such cases he may apply to the Legal Services Commission for payment in respect of the advocate’s work, where the instruction is made, and the work done, in accordance with the Commission’s contract for those cases. It then sets out the maximum payments which the Commission may make.

No separate impact assessment has been prepared for this Order, as it is not expected to have any different impact on businesses, charities or voluntary bodies from that of the introduction of the very high cost case regime as a whole, for which an assessment was prepared by the Legal Services Commission which is available at www.legalservices.gov.uk or from the Legal Services Commission, 85 Gray’s Inn Road, London WC1X 8TX.