The Criminal Defence Service (Funding) Order 2007

1. Introductory Text

2. 1. Citation and commencement

3. 2. Interpretation

4. 3. Scope

5. 4. Funding of Services

6. 5. Claims for fees by advocates – Crown Court

7. 6. Claims for fees and disbursements by litigators – Crown Court

8. 7. Very High Cost Cases

9. 8. Proceedings in the Court of Appeal

10. 9. Proceedings in the House of Lords

11. 10. The General Criminal Contract

12. 11. Payments from other sources

13. 12. Indictable-only offences

14. 13. Proceedings for contempt

15. 14. Interim payment of disbursements

16. 15. Interim disbursements and final determination of fees

17. 16. Determination of litigators’ disbursements

18. 17. Interim payments in cases awaiting determination of fees

19. 18. Amount of interim payments in cases awaiting determination of fees

20. 19. Staged payments in long Crown Court proceedings

21. 20. Interim payments for attendance at trial

22. 21. Hardship payments

23. 22. Computation of final claim where an interim payment has been made

24. 23. Payment of fees to advocates – Crown Court

25. 24. Payment of fees to litigators – Crown Court

26. 25. Notification of fees

27. 26. Recovery of overpayments

28. 27. Adverse observations

29. 28. Wasted costs orders

30. 29. Redetermination of fees by appropriate officer

31. 30. Appeals to a Costs Judge

32. 31. Appeals to the High Court

33. 32. Time limits

34. 33. Revocation

35. Signature

36. 1. SCHEDULE 1

       Advocates’ Graduated Fee Scheme

       1. PART 1 Definitions and Scope

          1. 1. Interpretation

          2. 2. Application

          3. 3. Class of offences

       2. PART 2 Graduated Fees for Trial

          1. 4. Calculation of Graduated Fees

          2. 5. Table of fees

       3. PART 3 Graduated Fees for Guilty Pleas and Cracked Trials

          1. 6. Calculation of graduated fees in guilty pleas and cracked trials—

          2. 7. Tables of fees

       4. PART 4 Fixed fees

          1. 8. General provisions

          2. 9. Fees for plea and case management hearings and standard appearances

          3. 10. Fees for abuse of process, disclosure, admissibility and withdrawal of plea hearings

          4. 11. Fees for confiscation hearings

          5. 12. Fees for sentencing hearings

          6. 13. Fees for ineffective trials

          7. 14. Fees for special preparation

          8. 15. Fees for wasted preparation

          9. 16. Fees for conferences and views

          10. 17. Fees for appeals, committals for sentence and breach hearings

          11. 18. Discontinuance or dismissal of sent or transferred proceedings

          12. 19. Noting brief fees

       5. PART 5 Miscellaneous

          1. 20. Identity of instructed advocate

          2. 21. Payment of fees to instructed advocate

          3. 22. Additional charges and additional cases

          4. 23. Multiple advocates

          5. 24. Non-local appearances

          6. 25. Trials lasting over 40 days

          7. 26. Assisted person unfit to plead or stand trial

          8. 27. Cross examination of witness

          9. 28. Provision of written or oral advice

          10. 29. Mitigation of sentence

       6. PART 6 Table of Offences

    2. SCHEDULE 2

       Litigators’ Fees in the Crown Court

       1. PART 1 Application and Determination of Litigators’ Fees

          1. 1. Application

          2. 2. Determination of litigators’ fees

          3. 3. Prescribed fee rates

          4. 4. Attendance at court where an advocate is instructed

          5. 5. Allowing fees at less than the prescribed rates

          6. 6. Allowing fees at more than the prescribed rates

       2. PART 2 Standard Fees in the Crown Court

          1. 7. Application

          2. 8. Allowance of standard fees

          3. 9. Fees for preparation

          4. 10. Standard fees

          5. 11. Disbursements

          6. 12. Redetermination of standard fees

          7. 13. Review of standard fees

          8. 14. Appeal to a Costs Judge – standard fees

    3. SCHEDULE 3

       Very High Cost Cases

       1. 1. Application

       2. 2. Interpretation

       3. 3. Categories of case

       4. 4. Levels of fee earner

       5. 5. Rates for preparation

       6. 6. Rates for non-preparatory work by litigators

       7. 7. Daily rates for advocates

       8. 8. Rates for preliminary hearings

    4. SCHEDULE 4

       Proceedings in the Court of Appeal

       1. 1. General Provisions

       2. 2. Claims for fees and disbursements by litigators

       3. 3. Determination of litigators’ fees

       4. 4. Determination of litigators’ disbursements

       5. 5. Claims for fees by advocates

       6. 6. Determination of advocate’s fees

       7. 7. Litigators’ fees for proceedings in the Court of Appeal

       8. 8. In respect of any item of work, the appropriate officer...

       9. 9. (1) Upon a determination of fees the appropriate officer may,...

       10. 10. Advocates’ fees for proceedings in the Court of Appeal

       11. 11. Where an hourly rate is specified in the Table following...

       12. 12. Where a refresher fee is claimed in respect of less...

       13. 13. Where it appears to the appropriate officer, taking into account...

       14. 14. Payment of fees

       15. 15. Redeterminations and appeals

37. Explanatory Note