The Criminal Defence Service (Funding) (Amendment) Order 2007

Amendments to the Criminal Defence Service (Funding) Order 2007

25.  In Schedule 1—

(a) in paragraph 1(2), after “prosecution evidence” insert “served on the court”;

(b) in paragraph 2—

(i) in sub-paragraph (1), for “(2)” substitute “(3)”;

(ii) omit sub-paragraph (2);

(iii) after sub-paragraph (8) insert—

“(9) For the purposes of this Schedule, a case on indictment which discontinues at or before the plea and case management hearing otherwise than—

(a) by reason of a plea of guilty being entered, or

(b) in accordance with paragraph 2 (8),

must be treated as a guilty plea.”;

(c) after paragraph 17 insert—

“Fees for contempt proceedings

17A.— (1) Subject to sub-paragraph (2), remuneration for advocates in proceedings referred to in section 12(2)(f) of the Act in the Crown Court must be at the rates specified in the table following this sub-paragraph.

Category of advocate	Payment rates (£ per day)
QC	300
Leading Junior	225
Led junior or junior acting alone	150

(2) Where an advocate and a litigator are instructed in proceedings referred to in section 12(2)(f) of the Act, remuneration must be at the rates specified in the table following this sub-paragraph, as appropriate to the category of advocate.

Category of advocate	Payment rates (£ per day)
QC	175
Leading Junior	125
Led junior or junior acting alone	100”

(d) in paragraph 18—

(i) for sub-paragraph (4), substitute—

“(4) Sub-paragraph (4A) applies to—

(a) a plea and case management hearing that takes place after the prosecution serves its evidence; and

(b) any other hearing that takes place before a plea and case management hearing has taken place but after the prosecution has served its evidence.

(4A) Where, at a hearing to which this sub-paragraph applies—

(a) the prosecution offers no evidence and the assisted person is discharged; or

(b) the assisted person is charged on an indictment which includes no offence that is triable only on indictment and the case is remitted to the magistrates’ court in accordance with paragraph 10(3)(a) of Schedule 3 to the Crime and Disorder Act 1998 (procedure where no indictable offence remains),

the advocate instructed in the proceedings must be paid a graduated fee calculated in accordance with paragraph 6, as appropriate for representing an assisted person in a guilty plea.”;

(e) in paragraph 23, omit sub-paragraphs (2) and (3);

(f) in paragraph 25—

(i) omit “but is not a Very High Cost Case which is the subject of an individual contract for the provision of funded services,”;

(ii) after “40 days” , the second time that it appears, add; and “on which the trial advocate attends at court.”.