The Criminal Defence Service (Very High Cost Cases) (Funding) Order 2013

EXPLANATORY NOTE

(This note is not part of the Order)

This Order provides for the remuneration of services provided under Part 1 of the Access to Justice Act 1999 (c.22) as part of the Criminal Defence Service. It applies to Very High Cost Cases which are the subject of a contract made between the Commission and members of the Very High Case Contract (Crime) Panel (“the 2008 panel”) and dated 14th January 2008 (as amended on 13th November 2008, 15th December 2008 and 5th May 2009) (“2008 VHCC contract”) or a 2010 VHCC contract.

This Order applies in relation to fees for work undertaken on or after 2 December 2013. It provides for new, reduced fees payable for work done pursuant to any Task List agreed between a member of the 2008 panel or a provider under a 2010 VHCC contract and the Lord Chancellor on or after 2nd December 2013. The previous fees will continue to apply to work done pursuant to a Task List agreed before 2nd December 2013 and in any case where, before 2nd December 2013, the court has set a date for trial which is on or before 31st March 2014. The amendment made to the Criminal Defence Service (Funding) Order 2007 (S.I. 2007/1174) provides for the rates applicable to advocates who are not members of the 2008 panel.

A full impact assessment of the effect of the policy implemented by this instrument on the costs of business and the voluntary sector was produced with the Government’s response to consultation, Transforming Legal Aid: Next Steps, and is available at https://consult.justice.gov.uk/.