K & Ors, R v [2005] EWCA Crim 145 (28 January 2005)

K & Ors, R v [2005] EWCA Crim 145 (28 January 2005)

Appellants who fail in their appeal should bear the costs of their defence where they have means, and proper procedures for means assessment and fee note submission must be followed to ensure taxpayer funds are not improperly expended.

Source-derived case information.

Citation
[2005] EWCA Crim 145
Parties
Appellant: The Queen; Respondent: K; Respondent: G; Respondent: M
Jurisdiction
England and Wales
Judgment Date
28 January 2005
Procedural Posture
Criminal Appeal / Post Judgment Costs Hearing
Outcome
Orders for recovery of defence costs reserved pending assessment of means and fee notes; further investigation ordered for G; contributions to be assessed for K and M.
Legal Topics
Representation Orders, Costs Recovery, Means Assessment
Criminal Law Legal Aid Representation Orders Costs Recovery Means Assessment

Source-derived case record

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Parties

The Queen

Appellant

K

Respondent

G

Respondent

M

Respondent

Procedural Posture

Criminal Appeal / Post Judgment Costs Hearing

Legal Issues

  1. 1 Whether orders for recovery of defence costs should be made against appellants after failed appeal
  2. 2 Proper procedure for lodging means forms for representation orders
  3. 3 Scope of representation orders in appeal and renewed applications

Ratio Decidendi

Appellants who fail in their appeal should bear the costs of their defence where they have means, and proper procedures for means assessment and fee note submission must be followed to ensure taxpayer funds are not improperly expended.

Court Disposition

Orders for recovery of defence costs reserved pending assessment of means and fee notes; further investigation ordered for G; contributions to be assessed for K and M.

Orders

  • Registrar to assess fee notes for all appellants.
  • Legal Services Commission to investigate G's means and report to Court.