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The Criminal Legal Aid (Recovery of Defence Costs Orders) Regulations 2013

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Deprivation or transfer of financial resources and financial resources of another person

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14.—(1) If it appears to the relevant court, the registrar or the Director that a represented individual has, with intent to reduce the amount of their financial resources, whether to avoid having an RDCO made against them, reduce the amount of any RDCO made against them, or otherwise—

(a)directly or indirectly deprived themselves of any financial resources;

(b)transferred any financial resources to another person; or

(c)converted any financial resources into resources which under these Regulations are to be wholly or partly disregarded,

the relevant court, the registrar or the Director must treat such financial resources as part of that individual’s financial resources, or as not so converted as the case may be.

(2) Where it appears to the relevant court, the registrar or the Director that—

(a)another person is or has been substantially maintaining a represented individual or that individual’s partner; or

(b)any of the financial resources of another person have been made available to a represented individual or that individual’s partner,

the relevant court, the registrar or the Director may assess or estimate the value of the maintenance or the financial resources made available and may treat such amounts as the financial resources of the individual.

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