Court and Case Cost budget transfer

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A decision made (25.01.07) to agree to a Court and Case Cost budget transfer.

Subject:	Court and Case Cost Budget Transfer
Decision Reference:	MD-TR-2007-0003	Exempt clause(s):		n/a
Type of Report: (oral or written)	Written	Person Giving Report (if oral):		n/a
Telephone or e-mail Meeting?	n/a	Report File ref:		01/JS/25/01/07
Written Report – Title	Court and Case Costs Budget Transfers 2006	Written report - author		Jane Strecker
Decision(s): The Minister agreed the budget transfers from the relevant Non-Ministerial Departments to the Treasury Central fund, in respect of Court and Case Costs, totalling £2,444,754. The Minister agreed the budget transfer of £469,395 to the Home Affairs Department to meet the shortfall in Court and Case Cost expenditure from within the Home Affairs Department. The Minister agreed that in subsequent years that the approval of the budget transfers in relation to Court and Case costs is delegated to the Treasurer of the States and the relevant Accounting Officers for each of the non-ministerial departments involved.
Reason(s) for decision To ensure the relevant budget transfers are made to offset against Court and Case Cost expenditure for cases greater than £50,000. To meet the shortfall of Court and Case Cost expenditure within the Home Affairs Department.
Action required: To action the budget transfers and advise the Home Affairs Department accordingly.
Signature: (Minister/ Assistant Minister)			Date of Decision: 25th January 2007

Court and Case Cost budget transfer

TREASURY AND RESOURCES MINISTER

court and case costs Budget transfers 2006

1. Purpose of Report

1.1. To agree the year end budget transfers from relevant Non-Ministerial departments to the Treasury and Resources Department in respect of Court and Case Costs.

2. Background

2.1. The current process that exists for Court and Case Cost expenditure is quite complex. All expenditure which relates to cases with costs that exceed £50,000 is transferred, at the end of the financial year, from the relevant Non-Ministerial departments to a central fund within Treasury. The remaining expenditure, for cases where total expenditure has not exceeded £50,000, remains within the individual Departments cash limits.

2.2. At the end of the year, once the total expenditure for those cases exceeding £50,000 has been transferred to the central fund, the excess budgets (being the budget greater than the expenditure on cases lower than £50,000 during the year) are transferred to the central fund to offset against the expenditure on cases greater than £50,000.

2.3. In accordance with the Financial Direction, “Variations to Heads of Expenditure”, the Minister is being asked to approve the relevant budget transfers for 2006.

3. Comments

3.1. The total expenditure on Court and Case costs, for cases greater than £50,000, during the year was £3,496,558. This sum has been transferred to the central fund within the Treasury Department.

3.2. The total expenditure on Court and Case costs, for cases less than £50,000, during the year was £2,198,261. This sum remains as expenditure within the Non-Ministerial departments cash limits for 2006.

3.3. The total budget, included within departments cash limits, for 2006 Court and Case Costs is £4,643,015. Therefore the total budget to be transferred to the central fund is £2,444,754. (£4,643,015 less £2,198,261).The breakdown of this sum is as follows:

Law Officers Department £1,631,982

Bailiff’s Chambers £133,545

Judicial Greffe £441,476

Viscount Department £237,751

3.4. In addition, the Home Affairs Department has requested that a budget transfer is required from the Central Fund for the sum of £469,395 to meet the shortfall in Court and Case Cost expenditure within its Department. The shortfall relates to £367,414 within the Police Department and £101,981 within the Customs and Immigration Department.

3.5. The balance on the Central Fund once the budget transfers have been made from the Non-Ministerial department will be £157,650. Once the transfer to the Home Affairs Department has been made there will be a shortfall on the Central Fund of (£311,745).

3.6. The Judicial Greffe has now provided the year end schedule for income raised following the recommendations of the Blampied review. This income will be used to meet the shortfall on the Central Fund and the balance will be transferred to the Criminal Offences Confiscation Fund (COCF).

3.7. The relevant approval has been provided from the Accounting Officer for each of the Non-Ministerial Departments concerned.

4. Recommendation

4.1. To agree the budget transfers from the relevant Non-Ministerial Departments to the Treasury Central fund, in respect of Court and Case Costs, totalling £2,444,754.

4.2. To agree the budget transfer of £469,395 to the Home Affairs Department to meet the shortfall in Court and Case Cost expenditure from within the Home Affairs Department.

4.3. To agree that in subsequent years that the approval of the budget transfers in relation to Court and Case costs is delegated to the Treasurer of the States and the relevant Accounting Officers for each of the non-ministerial departments involved.

5. Reason for Decision

5.1. To ensure the relevant budget transfers are made to offset against Court and Case Cost expenditure for cases greater than £50,000.

5.2. To meet the shortfall of Court and Case Cost expenditure within the Home Affairs Department.

States Treasury Advisory Department

1 February, 2007 for Decision Meeting 25/01/2007