Recovery of Defence Cost Orders (RDCOs)

On this page:

About Recovery of Defence Costs Orders (RDCOs)
Changes to scope
Eligibility limits
Judges' reasons
For more information

About RDCOs

The RDCO scheme collects legal aid costs for representation in the Crown Court in England and Wales.

As Crown Court Means Testing has now been introduced across England and Wales, RDCOs only apply to defendants whose cases began before Crown Court means testing.

At the end of a trial a judge can make an RDCO if they decide the defendant could and should pay for their defence.

Changes to scope

Some defendants have been removed from the scope of RDCOs. They include defendants in receipt of “passported” benefits such as:

income-based jobseeker’s allowance
guaranteed state pension credit
income-based employment and support allowance
and those under the age of 18

Eligibility limits

Only defendants with:

an annual income in excess of £22,235
capital in excess of £3,000
or equity in their home of over £100,000

can receive Recovery of Defence Costs Orders.

Judges' reasons

Judges no longer have to give reasons in all cases. They must only explain their reasoning when not making an order when it is possible to do so, ie, when the defendant is:

not in receipt of benefits
over 18
exceeds the eligibility limits.

These changes should remove ambiguity about when judges should or should not make a Recovery of Defence Costs Order.

These improvements make it harder for those who can pay for their defence to avoid doing so.

This will free up vital resources for those who genuinely can’t afford to provide their own access to justice.

For more information

Please contact Laura Eshelby with questions.

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Last updated: 25 March 2011