CDS News

Final preparations are underway for the introduction of Crown Court means testing (CCMT) in five early adopter areas on 11 January 2010.

New Version 6 (EA) CDS 14 and 15 forms which are mandatory for all applications for legal aid in the participating magistrates’ courts from 11 January are being sent to firms, who have been identified as likely to be affected, early next week. Copies of the forms can be downloaded from our forms pages. 

The CDS 16 form has been updated to include revisions to the applicant's declaration and data protection details

Forms guidance notes will be published on our website shortly with consolidated criminal legal aid guidance. 

Early adopter magistrates’ courts

The following magistrates’ courts are participating in the early adopter phase: 

Preston Crown Court: Blackpool (Fylde Coast); Preston; Lancaster; Blackburn, Darwen and Ribble Valley; Chorley (South West Lancashire); Furness & District; Fleetwood.

Norwich Crown Court: Great Yarmouth; Kings Lynn (West Norfolk); Norwich.  

Blackfriars Crown Court: Highbury Corner.

Bradford Crown Court: Bradford; Calderdale & Halifax; Huddersfield; Keighley (Bingley);Skipton

Swansea Crown Court:  Swansea; Neath; Llanelli; Haverfordwest (Pembrokeshire);Port Talbot; Aberystwyth (Ceredigion); Cardigan.

Magistrates’ courts not covered by the regulations

Please be aware that eight satellite magistrates’ courts within the five early adopter areas are not covered by the CCMT regulations and will not be early adopter courts.

These courts will continue with existing arrangements, including Recovery of Defence Cost Orders (RDCOs) until the rest of their HMCS Region is brought into the Crown Court means testing scheme during national rollout from April 2010. 

The non early adopter magistrates’ courts are:

• Hyndburn, Ormskirk and South Ribble – commit to Preston Crown Court
• Cromer (North Norfolk), Swaffham and Thetford – commit to Norwich Crown Court
• Dinefwr (Ammanford) and Carmarthen – commit to Swansea Crown Court.

Defendants appearing at these courts may apply using either the Version 6 (EA) forms or the Version 5 forms.

A full list of the early adopter magistrates' courts, non participating courts and the forms required at each is available on the proposed timelines and training page.

Draft client care letter for CCMT

We have also today published optional wording for solicitors to consider using in client care letters for clients whose trials are affected or likely to be affected by Crown Court means testing.

We have produced this in response to requests from solicitors at our training events. The wording is intended as a suggestion only.

We have asked the Solicitors’ Regulatory Authority for their views on the wording and and they are satisfied it meets the requirements of Rule 2 of the Solicitors' Code of Conduct - requiring  solicitors to give clients in writing the best information possible about the likely overall costs of a matter.

They are happy for LSC to provide the draft to solicitors for possible inclusion in client care letters. 

Supporting documents for introduction of Crown Court means testing

Training for the introduction of CCMT in the Early Adopter courts has now finished. Training notes, a Q&A document and copies of the contribution notices and orders clients may receive are available on the website.

Other supporting material includes:

• Solicitors’ guide: a 32-page overview of the new CCMT scheme for solicitors (available as an interactive pdf or as a hard copy)  
• Pocket guide for defendants: 9-page guide for defendants focusing on costs. Versions of these documents are available in English and Welsh on our Community Legal Advice website.  
• Easy read guide: for defendants with learning difficulties or language barriers who may need extra help to understand the scheme.  This will be available on our website in January.

Consolidated criminal legal aid guidance – available from January 2010 The revised criminal legal aid guidance will be published on our website from January 2010. We’ll send more details in our January LSC Update.

Ordering supplies

If you wish to order any of these items, free of charge, including re-ordering form stock please contact the CDS forms supplier, Dsicmm:

Telephone: 0845 3000 343
Fax:  0845 5438 258
Email: cdsforms@legalservices.gov.uk

If you wish to fax through your order, an order form can be downloaded from the criminal means assessment forms section on the LSC website:

Select the form type i.e. CDS 14, 15 or 16, then click on your region.  The order form can be found in lower half of page.

Codes for marketing material

If you wish to order any of the marketing material please use these codes when ordering: 

• Solicitor guide: CDS/LACC
• Pocket guide for defendant - English Version: CDS/YDC
• Pocket guide for defendant - Welsh Version: CDS/YDC/BIL

If you have any further questions on the forms, marketing material or guidance please email CDS Act Implementation.