Citation, commencement and interpretation

1.—(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.

Amendments to the Criminal Defence Service (Funding) Order 2007

2.  The Criminal Defence Service (Funding) Order 2007(2) is amended as follows.

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

4.  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(3) (no committal proceedings for indictable-only offences)”.

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

6.  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”.

7.  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”.

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

9.  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)”.

10.  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”.

11.  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”.

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

13.  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”.

14.  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)”.

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends the Criminal Defence Service (Funding) Order 2007 (S.I. 2007/1174).

The Order makes a number of amendments to the 2007 Order in the light of the Criminal Justice Act 2003 (Commencement No. 28 and Saving Provisions) Order 2012 (S.I. 2012/1320) (“the 2012 commencement Order”). The 2012 commencement Order commences certain provisions of the Criminal Justice 2003 so that, with effect from 18^th June 2012 in certain local justice areas, offences triable either way will be sent from the magistrates’ court to the Crown Court rather than reaching the Crown Court by way of committal proceedings. The Order makes consequential amendments to a number of provisions of the 2007 Order to reflect that fact and ensures that the existing provisions of the 2007 Order in relation to cases sent to the Crown Court also apply to cases sent for trial to the Crown Court in the relevant local justice areas under the commenced provisions.

The Order also corrects a minor error in the 2007 Order.