The provisions relating to costs in criminal cases are extensive and complex. Recent legislation - notably the Access to Justice Act 1999 and the regulations made under it - has brought about a fundamental change in the way criminal costs and legal aid funding work. There has been a continuing stream of statutory provisions covering all aspects of Criminal Defence Service funding, recovery of defence costs orders, and contribution orders. Lord Carter's proposals for reform promise continuing developments in this field. Practitioners need to have access to and an understanding of the disparate array of materials relating to these matters as well as costs out of Central Funds (defendants' costs orders) and the award of costs in criminal cases. This new work explains the criminal costs regime in a clear and accessible manner. It sets out the law and practice governing the award of costs, practitioners' fees; the principles on which fees are assessed as well as guidance on the assessment process and appeals. The book guides practitioners through applicable procedures in the Magistrates' Courts, the Crown Court, the Divisional Court and the Court of Appeal.
It explains the criteria to be applied when the court is considering an award of costs in criminal proceedings, or when it is dealing with Criminal Defence Service funded work and Recovery of Defence Costs Orders.
Table of Contents
1. Costs Orders in Criminal Proceedings; 2. Prosecution Costs; 3. Costs Against Offenders and Appellants; 4. Defendant's Costs Orders; 5. Recovery of Defence Costs Orders and Contribution Orders; 6. Orders in Restraint, Confiscation and Receivership Proceedings: Costs in Relation to Civil Recovery Proceedings Under the Proceeds of Crime Act 2002; 7. Other Awards of Costs; 8. Representation and Funding; 9. The General Criminal Contract; 10. The Criminal Defence Service (Funding) Order 2007; 11. Litigators' Claims for Costs (Procedure) in CDS-Funded Cases; 12. Advocates' Claims for Fees (Procedure) in CDS-Funded Cases; 13. Practice and Procedure; 14. Fees Paid to Prosecuting Advocates by the Crown Prosecution Service, the Serious Fraud Office and HM Revenue & Customs; 15. Witness Expenses; 16. Contempt; 17. VAT; 18. General Principles of Assessment; APPENDICES; Appendix 1: Supreme Court [Senior Courts] Act 1981 ss 51, 52; Appendix 2: Prosecution of Offences Act 1985 ss 6, 14, 16-21; Appendix 3: Access to Justice Act 1999 ss 12-17A, Sch 3; Appendix 4: Proceeds of Crime Act 2002 ss 89, 245C, 252, 286A, 286B; Appendix 5: (i) Costs in Criminal Cases (General) Regulations 1986 SI 1986/1335; Appendix 5: (ii) (ii) Guide to Allowances under Part V of the Costs in Criminal Cases (General) Regulations 1986; Appendix 6: (i) Crown Prosecution Service (Witnesses' etc Allowances) Regulations 1988 SI 1988/1862; Appendix 6: (ii) CPS Witness Expenses: Current Rates; Appendix 7: Serious Fraud Office (Witnesses' etc Allowances) Regulations 1988 SI 1988/1863; Appendix 8: (i) Criminal Defence Service (Funding) Order 2007 SI 2007/1174; Appendix 8: (ii) Graduated Fees Scheme Guidance; Appendix 9: Criminal Defence Service (Recovery of Defence Costs Orders) Regulations 2001 SI 2001/856; Appendix 10: Criminal Defence Service (Choice in Very High Cost Cases) Regulations 2001 SI 2001/1169; Appendix 11: Criminal Defence Service (General) (No 2) Regulations 2001 SI 2001/1437; Appendix 12: Proceeds of Crime Act 2002 (Legal Expenses in Civil Recovery Proceedings) Regulations 2005 SI 2005/3382; Appendix 13: Criminal Procedure Rules 2005 rr 1.1-2.2, 60.6-60.8, 61.19-61.22 and 78.1-78.7 SI 2005/384; Appendix 14: Criminal Defence Service (Financial Eligibility) Regulations 2006 SI 2006/2492; Appendix 15: Criminal Defence Service (Representation Orders and Consequential Amendments) Regulations 2006 SI 2006/2493; Appendix 16: Criminal Defence Service (Representation Orders: Appeals etc) Regulations 2006 SI 2006/2494; Appendix 17: (i) CPS Graduated Fee Scheme Manual of Guidance; Appendix 17: (ii) CPS Terms of Appointment of Counsel - VHCC; Appendix 17: (iii) RCPO Table of Standard Fees, Pre-Marked Trial Fees and Hourly Rates; Appendix 18: Practice Direction on Costs in Criminal Proceedings; Appendix 19: Practice Direction Proceeds of Crime Act 2002 paras 1.1-1.5, 5B, 7, 7A and 7B; Appendix 20: Costs Order Against an LSC-Funded Client and Against the LSC under section 11 (1) of the Access to Justice Act 1999