CDS News

A Judicial Apportionment application form is now available on the LSC website.

When should this form be used?

A convicted defendant may apply to the Crown Court under regulation 21 of the Criminal Defence Service (Contribution Orders) Regulations 2009 for an order that they pay a
proportion of the costs of their legally aided representation on the grounds that it would be manifestly unreasonable to pay the whole amount.

This provision is only available where the defendant is convicted of one or more, but not all, offences.

An application under regulation 21 must be made in writing within 21 days of the sentence. The application should state the grounds on which the application is made and the proportion (as a
percentage) of the costs that would be reasonable.

The trial judge, or a judge nominated by the resident judge, must consider the application and grant or refuse it. Where the application is granted, the judge should state on the order the percentage of costs payable.

Where the application is granted, the order shall not require any other co-defendant to pay any of the applicant’s costs.

Where can I find this form?

The form is under the training and guidance page under Criminal Defence Service (CDS) > Criminal legal aid eligibility > Crown Court means testing > Training and guidance materials.