The updated guidance sets out that a defendant may apply to the trial judge (or another judge nominated by the resident judge for the purpose) for an order that he or she pay only a proportion of the amount of the costs of their representation in proceedings in the Crown Court (as set out in regulation 26 of the Criminal Legal Aid (Contribution Orders) Regulations 2013).
This only applies where a defendant is charged with more than one offence and convicted of one or more but not all offences.
The judge must be satisfied that it would be unreasonable for a defendant to pay the entire amount of the costs of representation in proceedings in the Crown Court.
How to apply
An application for judicial apportionment must be made using the form available from GOV.UK: www.gov.uk/government/publications/apply-for-judicial-apportionment-of-costs.
The judicial apportionment application should state the grounds on which the application is made and the proportion (as a percentage) of the costs that it would be reasonable for the defendant to pay.
When to apply
An application must be made within 21 days of the sentence order date or of the date the defendant is given, following conviction.
The Crown Court has a discretion to extend time where there are clear and compelling reasons to do so.
Determinations
The trial judge will determine the percentage of costs to be paid by the applicant.
There is no right of appeal from refusal.
