Capital Contribution Order

From 11 January 2010, convicted defendants became liable to contribute to their defence costs.^[1]

The Legal Services Commission may recover from the defendant those costs ^[2] and the assessing authority must tell you about it.^[3]

If you don’t have the money or sufficient goods to pay the liability, it dies after six years from the Order.^[4]

To stay the enforcement of a Capital Contribution Order, apply to the court using a form N244^[5] and vary the order by completing a for N245.^[6]

You can claim court fee remission online,^[7] and put the application reference number at the top right of the form N244.

Email the bailiff company telling them you have applied to stay the enforcement, which places liability on them if they take an enforcement step,^[8] and make a screenshot recording the time and date you emailed.^[9] If the bailiff company denies receiving the notice by email, complete a Certificate of Service^[10][11] and exhibit the screenshot

The court may revoke the order if you show your capital is under £30,000 and not means assessed when the order was made.^[13]

Comment:

Enforcing capital contribution orders using bailiffs has been unsuccessful.

In theory, the government wanted convicted defendants to reimburse the taxpayer and pay for their legal representation.

The reality, the defendant does not have the capital to pay, and sending bailiffs round asking for upwards of £30,000 is impractical

The policy is flawed because the true cost of the defence is exaggerated because there is no procedure for defendants to apply for a detailed assessment of the legal fees^[13] after a Capital Contribution Order has been made.

It is pointless engaging with a bailiff company pursuing a Capital Contribution Order.

^{[1] The Criminal Defence Service (Contribution Orders) Regulations 2009
[2] Regulation 19 of the Criminal Defence Service (Contribution Orders) Regulations 2009)
[3] Regulation 8(11) of the Criminal Defence Service (Contribution Orders) Regulations 2009)
[4] Section 9 of the Limitation Act 1980
[5] Form N244 Download
[6] Form N245 Download
[7] Claim Court Fee Remission online
[8] Paragraph 59(3) of Schedule 12 of the Tribunals Courts and Enforcement Act 2007
[9] Civil Procedure Rule 6.17(3)(b)
[10] Form N215 Certificate of Service
[11] Civil Procedure Rule 6.29
[12] Regulation 11-19 of the Criminal Defence Service (Contribution Orders) Regulations 2009)
[13] Civil Procedure Rule 47.3(1)(c)}