The Criminal Defence Service (Funding) (Amendment No. 3) Order 2001

Amendments to the Criminal Defence Service (Funding) Order 2001

10.  In paragraph 2 of Schedule 4:

(a) in sub-paragraph (1) delete all of the words after “on indictment”;

(b) for sub-paragraph (2) substitute—

“(2) This Schedule does not apply to a case which goes to trial where the trial exceeds 25 days, unless it was accepted by the court at the pleas and directions hearing that the trial would not exceed 25 days and the trial did not in fact exceed 30 days.”; and

(c) for sub-paragraph (5) substitute—

“(5) Where following a trial an order was made for a new trial and the same trial advocate appeared for an assisted person at both trials then, in respect of the new trial, the trial advocate shall receive a graduated fee calculated in accordance with paragraph 7 except that each of the elements of the formula set out in paragraph 7 shall be reduced by:

(a) forty per cent, where the new trial started within one calendar month of the conclusion of the first trial; and

(b) twenty five per cent, where the new trial did not start within one calendar month of the conclusion of the first trial;

except for the refresher element which shall not be so reduced.

(5A) Where following a trial an order was made for a new trial and a different trial advocate appeared for the assisted person at each trial then, in respect of each trial, the trial advocate shall receive a graduated fee calculated in accordance with paragraph 7.”.