The Criminal Defence Service (Funding) Order 2007

UK Statutory Instrument 2007 No. 1174 — creates 2 criminal offences.

Made

3 April 2007

In force from

30 April 2007

Extent

Not stated

Subject

Miscellaneous

Made under

Schedule 14 to, the Access to Justice Act 1999

Explanatory note

(This note is not part of the Order) — published with the instrument by the department that made it. © Crown copyright, reused under the Open Government Licence v3.0.

This Order makes provision 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. It provides that in proceedings in the Crown Court and Court of Appeal the Legal Services Commission shall fund representation in accordance with its duty under that Act. Articles 5 to 28 deal with the manner in which fees are to be claimed, determined and paid, including provisions permitting interim payments. Articles 29 to 31 provide for an appeal mechanism to challenge, in certain circumstances, the appropriate officer’s determination of the fees payable to a representative. The provisions deal with the redetermination of fees by an appropriate officer, appeals from the appropriate officer to a Costs Judge, and appeals from the Costs Judge to the High Court. Schedule 1 sets out the graduated fees and fixed fees payable to advocates for proceedings in the Crown Court. Schedule 2 sets out the fees payable to solicitors (and other appropriately qualified persons) for proceedings in the Crown Court. Schedule 3 sets out the maximum rates payable to solicitors and advocates in Very High Cost Cases. Schedule 4 sets out the manner in which fees are to be claimed, determined and paid in proceedings in the Court of Appeal. A copy of the General Criminal Contract, including the Specification to the Contract, which was published by the Commission in February 2001, is available from www.legalservices.gov.uk. A full regulatory impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen.

Offences created by this instrument

• For the purposes of this Schedule— a every indictable offence falls within the Class under which it is listed in the… paragraph 3(1) of SCHEDULE 1 · Revoked · Strict liability
• b conspiracy to commit an indictable offence contrary to section 1 of the Criminal Law Act 1977 (the offence of… paragraph 3(1)(b) of SCHEDULE 1 · Revoked · Strict liability

What Parliament said about it

Contributions, debates and written statements mentioning this instrument by name. Parliamentary material is reused under the Open Parliament Licence v3.0.

• Legal Aid Lords · Lords Chamber · 19 February 2008 · Lord Thomas of Gresford

  My Lords, I beg leave to ask the Question standing in my name on the Order Paper. In doing so, I declare an interest as an advocate in criminal courts. The Question was as follows: To ask Her Majesty’s Government, following their consultation on an amendment to the Criminal Defence Service (Funding) Order 2007, what steps they will take to reform criminal legal aid.

• Legal Aid Lords · Lords Chamber · 19 February 2008 · The Parliamentary Under-Secretary of State, Ministry of Justice (Lord Hunt of Kings Heath)

  My Lords, the recent consultation with the General Council of the Bar and the Law Society on a proposed amendment to the Criminal Defence Service (Funding) Order 2007 closed yesterday. The proposed amendment would allow solicitors to instruct non-contracted advocates in very high-cost criminal cases, in certain circumstances. We are currently considering the responses to that consultation and will make our views known soon.

How Parliament handled it

Parliament's Statutory Instruments service records procedure from May 2017 onwards, and this instrument predates it. That is a limit of the source, not a statement that nothing happened.

Check the source

• This instrument on legislation.gov.uk The authoritative text, including amendments made since
• Other instruments from 2007