The Costs in Criminal Cases (General) (Amendment) Regulations 2015

Made: 8th January 2015

Laid before Parliament: 9th January 2015

Coming into force: 1st February 2015

The Lord Chancellor makes the following Regulations in exercise of the powers conferred by section 19(5) of the Prosecution of Offences Act 1985[^f00001].

Citation and commencement

1

These Regulations may be cited as the Costs in Criminal Cases (General) (Amendment) Regulations 2015 and come into force on 1st February 2015.

Amendment of the Costs in Criminal Cases (General) Regulations 1986

2

Regulation 14(3) of the Costs in Criminal Cases (General) Regulations 1986[^f00002] is amended as follows:

• (a) in sub-paragraph (b), for “either” substitute “any”;

• (b) before sub-paragraph (b)(i), insert—

(ai) section 256AC[^f00003] (breach of supervision requirements imposed under section 256AA)

• (c) after sub-paragraph (b)(ii), insert—

(iii) paragraphs 7 to 9 of Schedule 19A[^f00004] (breach, revocation or amendment of supervision default orders),

Signed

Signed by the authority of the Lord Chancellor

Andrew Selous — Parliamentary Under Secretary of State — Ministry of Justice — 8th January 2015

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

These Regulations amend regulation 14(3) of the Costs in Criminal Cases (General) Regulations 1986 (S.I. 1986/1335) (“the 1986 Regulations”). Regulation 14(3) extends the application of section 18 of the Prosecution of Offences Act 1985 (c. 23) to allow the Crown Court and a magistrates’ court to make an order for costs against an offender in respect of certain categories of proceedings not already covered by section 18.

Regulation 2 of these Regulations adds the following to regulation 14(3) of the 1986 Regulations: proceedings for breach of a Post-Sentence Supervision requirement and proceedings for breach of a Supervision Default Order. Provisions regarding these proceedings are respectively set out in section 256AC of and paragraphs 7 to 9 of Schedule 19A to the Criminal Justice Act 2003 (c. 44) as amended by the Offender Rehabilitation Act 2014 (c. 11).

A full impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen.

Footnotes

[^f00001]: 1985 c. 23.

[^f00002]: S.I. 1986/1335. Regulation 14(3) was substituted by regulation 11 of S.I. 2008/2448.

[^f00003]: Section 256AC of the Criminal Justice Act 2003 (c. 44) was inserted by section 3(1) of the Offender Rehabilitation Act 2014 (c. 11) (not yet in force).

[^f00004]: Schedule 19A to the Criminal Justice Act 2003 was inserted by Schedule 2 to the Offender Rehabilitation Act 2014 (not yet in force).