The Criminal Legal Aid (Remuneration) Regulations 2013

Statutory Instruments

2013 No. 435

Legal Aid And Advice, England And Wales

The Criminal Legal Aid (Remuneration) Regulations 2013

Made

26th February 2013

Laid before Parliament

28th February 2013

Coming into force

1st April 2013

The Lord Chancellor makes these Regulations M1 in exercise of the powers conferred by sections 2(3), 5(2) and (4), 30(2) and 41(1) to (3) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 M2 .

Marginal Citations

M1 Section 42(1) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10) provides that in Part 1 of that Act “regulations” means regulations made by the Lord Chancellor.

M2 2012 c. 10.

Citation and commencement E+W

1.  These Regulations may be cited as the Criminal Legal Aid (Remuneration) Regulations 2013 and shall come into force on 1st April 2013.

Interpretation E+W

2.—(1) In these Regulations—

“the Act” means the Legal Aid, Sentencing and Punishment of Offenders Act 2012;

“advocate” means a barrister, a solicitor advocate or a solicitor who is exercising their automatic rights of audience in the Crown Court;

“appropriate officer” means—

(a)

in the case of proceedings in the civil division of the Court of Appeal, the head of the civil appeals office;

(b)

in the case of proceedings in the criminal division of the Court of Appeal, the registrar of criminal appeals;

(c)

in the case of proceedings in the Crown Court, the Lord Chancellor;

(d)

in respect of advice or assistance as to an appeal from the Crown Court to the Court of Appeal (except in the case of an appeal under section 9(11) of the Criminal Justice Act 1987 M3 (preparatory hearings)) where, on the advice of any representative instructed, notice of appeal is given, or application for leave to appeal is made, whether or not such appeal is later abandoned, the registrar of criminal appeals;

(e)

in respect of advice or assistance as to an appeal to the Courts-Martial Appeal Court, the registrar of criminal appeals;

(f)

in respect of advice or assistance as to an appeal from the Court of Appeal to the Supreme Court, where the appeal is not lodged with the Supreme Court, the registrar of criminal appeals; and

(g)

in any other case, the Lord Chancellor,

and, in any case, includes an officer designated by the person who is the appropriate officer by virtue of paragraphs (a) to (g) to act on his behalf for the purposes of these Regulations;

“assisted person” means an individual in whose favour a section 16 determination has been made;

“fee earner” means a litigator, or person employed by a litigator, who undertakes work on a case;

“instructed advocate” means—

(a)

where the section 16 determination provides for representation by a single advocate, the first barrister or solicitor advocate instructed in the case, who has primary responsibility for the case; or

(b)

where the section 16 determination provides for representation by more than one advocate, each of—

(i)

the leading instructed advocate; and

(ii)

the led instructed advocate;

“leading instructed advocate” means the first leading barrister or solicitor advocate instructed in the case who has primary responsibility for those aspects of a case undertaken by a leading advocate;

“led instructed advocate” means the first led barrister or solicitor advocate instructed in the case who has primary responsibility for those aspects of the case undertaken by a led advocate;

“litigator” means the person referred to in the representation order as representing an assisted person, being a solicitor, firm of solicitors or other appropriately qualified person.

[F1 “main hearing” means—

(a)

in relation to a case which goes to trial, the trial;

(b)

in relation to a guilty plea (within the meaning of Schedule 1), the hearing at which pleas are taken or, where there is more than one such hearing, the last such hearing;

(c)

in relation to a cracked trial (within the meaning of Schedule 1), the hearing at which—

(i)

the case becomes a cracked trial by meeting the conditions in the definition of a cracked trial, whether or not any pleas were taken at that hearing; or

(ii)

a formal verdict of not guilty was entered as a result of the prosecution offering no evidence, whether or not the parties attended the hearing;

(d)

in relation to an appeal against conviction or sentence in the Crown Court, the hearing of the appeal;

(e)

in relation to proceedings arising out of a committal for sentence in the Crown Court, the sentencing hearing; and

(f)

in relation to proceedings arising out of an alleged breach of an order of the Crown Court, the hearing at which those proceedings are determined;]

“related proceedings” means—

(a)

two or more sets of proceedings involving the same defendant which are prepared, heard or dealt with together; or

(b)

proceedings involving more than one defendant which arise out of the same incident, so that the defendants are charged, tried or disposed of together;

“representation order” means a document which records a section 16 determination;

“representative” means a litigator or an advocate including, where appropriate, an instructed advocate [F2 or trial advocate];

“section 16 determination” means a determination made under section 16 of the Act that an individual qualifies for representation for the purposes of criminal proceedings;

“senior solicitor” means a solicitor who, in the judgement of the appropriate officer, has the skill, knowledge and experience to deal with the most difficult and complex cases;

“solicitor advocate” means a solicitor who has obtained a higher courts advocacy qualification in accordance with regulations and rules of conduct of the Law Society;

“solicitor, legal executive or fee earner of equivalent experience” means a solicitor, Fellow of the Institute of Legal Executives or equivalent senior fee earner who, in the judgement of the appropriate officer, has good knowledge and experience of the conduct of criminal cases;

“trainee solicitor or fee earner of equivalent experience” means a trainee solicitor or other fee earner who is not a Fellow of the Institute of Legal Executives, who, in the judgement of the appropriate officer, carries out the routine work on a case;

[F1 “trial advocate” means, unless otherwise provided, an advocate instructed pursuant to a section 16 determination to represent the assisted person at the main hearing in any case;]

“Very High Cost Case” means a case in which a section 16 determination has been made and which the Director classifies as a Very High Cost Case on the grounds that—

(a)

in relation to fees claimed by litigators—

(i)

if the case were to proceed to trial, the trial would in the opinion of the Director be likely to last for more than 40 days and the Director considers that there are no exceptional circumstances which make it unsuitable to be dealt with under an individual case contract for Very High Cost Cases made by the Lord Chancellor under section 2(1) of the Act; or

(ii)

if the case were to proceed to trial, the trial would in the opinion of the Director be likely to last no fewer than 25 and no more than 40 days and the Director considers that there are circumstances which make it suitable to be dealt with under an individual case contract for Very High Cost Cases made by the Lord Chancellor under section 2(1) of the Act;

(b)

in relation to fees claimed by advocates, if the case were to proceed to trial, the trial would in the opinion of the Director be likely to last for more than 60 days and the Director considers that there are no exceptional circumstances which make it unsuitable to be dealt with under an individual case contract for Very High Cost Cases made by the Lord Chancellor under section 2(1) of the Act.

[F3 “Very High Cost Case contract” means the 2013 VHCC contract between the Lord Chancellor and a representative for the provision of representation under section 16 of the Act (criminal legal aid).]

(2) The fees and rates set out in the Schedules to these Regulations are exclusive of value added tax.

(3) A function of the Lord Chancellor or Director under these Regulations may be exercised by, or by an employee of, a person authorised for that purpose by the Lord Chancellor or Director respectively M4 .

Textual Amendments

F1 Words in reg. 2(1) inserted (5.5.2015) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2015 (S.I. 2015/882), regs. 1, 2(2)(a) (with reg. 3)

F2 Words in reg. 2(1) inserted (5.5.2015) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2015 (S.I. 2015/882), regs. 1, 2(2)(b) (with reg. 3)

F3 Words in reg. 2(1) inserted (2.12.2013) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2013 (S.I. 2013/2803), regs. 1, 3(3) (with reg. 4)

Marginal Citations

M3 1987 c. 38.

M4 Section 6 of the Act (authorisations) makes provision for authorisations given for the purpose of section 5 of the Act (delegation) or regulations under that section.

Scope E+W

3.—(1) Regulations 5(2), 10 and 14(1) apply to proceedings in magistrates' courts and to proceedings in the Crown Court.

(2) Regulation 8 and Schedule 4 apply to proceedings in magistrates' courts,[F4 to proceedings in the County Court,] to proceedings in the Crown Court and to proceedings in the High Court.

(3) Regulations 16 and 31 and Schedule 5 apply to proceedings in magistrates' courts,to proceedings in the Crown Court and to proceedings in the Court of Appeal.

(4) Regulations 4, 5(1) and (3) to (8), 13, 14(2) to (9), 15, 17 to 24 and 28 to 30 and Schedules 1 and 2 apply to proceedings in the Crown Court only.

(5) Regulations 9, 11 and 25 to 27, apply to proceedings in the Crown Court and to proceedings in the Court of Appeal.

(6) Regulation 6 and Schedule 3 apply to proceedings in the Court of Appeal only.

(7) Regulation 7 applies to proceedings in the Supreme Court only.

(8) With the exception of [F5 regulations 12 and 12A,] paragraphs 13(8) and (9) of Schedule 2 [F6 and Schedule 6], these Regulations do not apply to Very High Cost Cases.

(9) For the purpose of these Regulations, any reference to the Court of Appeal includes as appropriate a reference to—

(a) the criminal division of the Court of Appeal;

(b) the civil division of the Court of Appeal;

(c) the Courts-Martial Appeal Court; and

(d) a Divisional Court of the High Court.

Textual Amendments

F4 Words in reg. 3(2) inserted (23.3.2015) by The Civil and Criminal Legal Aid (Remuneration) (Amendment) Regulations 2015 (S.I. 2015/325), regs. 1, 3(2)

F5 Words in reg. 3(8) substituted (2.12.2013) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2013 (S.I. 2013/2803), regs. 1, 3(4)(a) (with reg. 4)

F6 Words in reg. 3(8) inserted (2.12.2013) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2013 (S.I. 2013/2803), regs. 1, 3(4)(b) (with reg. 4)

Claims for fees by advocates – Crown Court E+W

4.—(1) Claims for fees by [F7 a trial] advocate in proceedings in the Crown Court must be made and determined in accordance with the provisions of Schedule 1 to these Regulations.

(2) A claim for fees under this regulation and Schedule 1 must be made by each [F8 trial] advocate.

(3) Subject to regulation 31, a claim by [F9 a trial] advocate for fees in respect of work done pursuant to a section 16 determination must not be entertained unless [F10 the trial] advocate submits it within three months of the conclusion of the proceedings to which it relates.

(4) [F11 A trial] advocate must submit a claim for fees to the appropriate officer in such form and manner as the appropriate officer may direct.

(5) [F11 A trial] advocate must supply such further information and documents as the appropriate officer may require.

(6) Where a confiscation hearing under Part 2 of the Proceeds of Crime Act 2002 M5 (confiscation: England and Wales), section 2 of the Drug Trafficking Act 1994 M6 (confiscation orders) or section 71 of the Criminal Justice Act 1988 M7 (confiscation orders) is to be held more than 28 days after—

(a) the conclusion of the trial to which the section 16 determination relates; or

(b) the entering of a guilty plea,

[F12 a trial] advocate may submit any claim for fees in respect of the trial or guilty plea as soon as the trial has concluded or the guilty plea has been entered.

(7) Where the section 16 determination provides for representation by—

(a) a single advocate other than a QC; or

(b) two or more advocates other than QC,

and a QC agrees to appear as the single advocate or as a leading junior, that QC must be treated for all the purposes of these Regulations as having been instructed in relation to that determination, and the remuneration of that QC must be determined as if the advocate were not a QC.

[F13 (8) In this regulation, where the main hearing is a trial, “trial advocate” means an advocate who—

(a) is instructed pursuant to a section 16 determination to represent the assisted person at the trial, and

(b) attends the first day of the trial.]

Textual Amendments

F7 Words in reg. 4(1) substituted (5.5.2015) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2015 (S.I. 2015/882), regs. 1, 2(3)(a) (with reg. 3)

F8 Word in reg. 4(2) substituted (5.5.2015) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2015 (S.I. 2015/882), regs. 1, 2(5)(a) (with reg. 3)

F9 Words in reg. 4(3) substituted (5.5.2015) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2015 (S.I. 2015/882), regs. 1, 2(3)(a) (with reg. 3)

F10 Words in reg. 4(3) substituted (5.5.2015) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2015 (S.I. 2015/882), regs. 1, 2(6)(a) (with reg. 3)

F11 Words in reg. 4(4)(5) substituted (5.5.2015) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2015 (S.I. 2015/882), regs. 1, 2(4)(a) (with reg. 3)

F12 Words in reg. 4(6) substituted (5.5.2015) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2015 (S.I. 2015/882), regs. 1, 2(3)(a) (with reg. 3)

F13 Reg. 4(8) inserted (5.5.2015) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2015 (S.I. 2015/882), regs. 1, 2(7) (with reg. 3)

Marginal Citations

M5 2002 c. 29.

M6 1994 c. 37. Section 2 was repealed by sections 456 and 457 of, and Schedules 11 and 12 to, the Proceeds of Crime Act 2002, subject to certain savings set out in S.I. 2003/333.

M7 1998 c. 33. Section 71 was repealed by sections 456 and 457 of, and Schedules 11 and 12 to, the Proceeds of Crime Act 2002, subject to certain savings set out in S.I. 2003/333.

Claims for fees and disbursements by litigators – Crown Court E+W

5.—(1) Claims for fees by litigators in proceedings in the Crown Court must be made and determined in accordance with the provisions of Schedule 2 to these Regulations.

(2) Claims for disbursements by litigators in proceedings in the Crown Court or in proceedings in a magistrates' court which are subsequently committed or sent for trial to the Crown Court must be made and determined in accordance with the provisions of regulations 14 to 17.

(3) Subject to regulation 31, a claim by a litigator for fees in respect of work done pursuant to a section 16 determination must not be entertained unless the litigator submits it within three months of the conclusion of the proceedings to which it relates.

(4) Subject to paragraph (5), a claim by a litigator for fees in proceedings in the Crown Court must be submitted to the appropriate officer in such form and manner as the appropriate officer may direct and must be accompanied by the representation order and any receipts or other documents in support of any disbursement claimed.

(5) A claim under paragraph 20 or 26 of Schedule 2 to these Regulations must—

(a) summarise the items of work done by a fee earner in respect of which fees are claimed according to the classes specified in paragraph 26(2) of Schedule 2;

(b) state, where appropriate, the dates on which the items of work were done, the time taken, the sums claimed and whether the work was done for more than one assisted person;

(c) specify, where appropriate, the level of fee earner who undertook each of the items of work claimed; and

(d) give particulars of any work done in relation to more than one indictment or a retrial.

(6) Where the litigator claims that paragraph 29 of Schedule 2 applies in relation to an item of work, the litigator must give full particulars in support of the claim.

(7) The litigator must specify any special circumstances which the litigator considers should be drawn to the attention of the appropriate officer.

(8) The litigator must supply such further information and documents as the appropriate officer may require.

Proceedings in the Court of Appeal E+W

6.  Claims for fees by representatives in proceedings in the Court of Appeal must be made and determined in accordance with the provisions of Schedule 3 to these Regulations.

Proceedings in the Supreme Court E+W

7.—(1) In proceedings in the Supreme Court, the fees payable to a representative in respect of advice and assistance or representation made available to an individual in accordance with sections 15 or 16 of the Act must be determined by such officer as may be prescribed by order of the Supreme Court.

(2) Subject to paragraph (1), these Regulations do not apply to proceedings in the Supreme Court.

Claims for fees for certain categories of work to which the Standard Crime Contract applies E+W

8.—(1) This regulation applies to—

(a) advice and assistance provided pursuant to a determination made under section 13 or section 15 of the Act;

(b) representation in proceedings in a magistrates' court pursuant to a section 16 determination;

(c) representation pursuant to a section 16 determination in proceedings prescribed as criminal proceedings under section 14(h) of the Act; and

(d) representation in appeals by way of case stated to the High Court.

(2) Claims for fees in cases to which this regulation applies must—

(a) be made and determined in accordance with the 2010 Standard Crime Contract; and

(b) be paid in accordance with the rates set out in Schedule 4.

(3) In this regulation and in Schedule 4, “2010 Standard Crime Contract” means the contract so named between the Lord Chancellor and a person with whom the Lord Chancellor has made an arrangement under section 2(1) of the Act for the provision of advice, assistance and representation made available under sections 13, 15 and 16 of the Act M8 .

Marginal Citations

M8 A copy of the 2010 Standard Crime Contract is available at www.justice.gov.uk/legal-aid. Copies can be inspected at the Legal Aid Agency (Head Office), 102 Petty France, London, SW1H 9AJ.

Payments from other sources E+W

9.  Where representation is provided in respect of any proceedings, the representative, whether acting pursuant to a section 16 determination or otherwise, must not receive or be a party to the making of any payment for work done in connection with those proceedings, except such payments as may be made—

(a) by the Lord Chancellor; or

(b) in respect of any expenses or fees incurred in—

(i) preparing, obtaining or considering any report, opinion or further evidence, whether provided by an expert witness or otherwise; or

(ii) obtaining any transcripts or recordings,

where an application under regulation 13 for an authority to incur such fees or expenses has been refused by a committee appointed under arrangements made by the Lord Chancellor to deal with, amongst other things, appeals of, or review of, assessment of costs.

Cases committed or sent for trial to the Crown Court E+W

10.—(1) Where a case is committed or sent for trial or transferred to the Crown Court, the payment in relation to work carried out in the magistrates' court is included within the applicable fee payable under Schedule 1 or Schedule 2.

(2) Paragraph (1) does not apply where the case is remitted to a magistrates' court.

Proceedings for contempt E+W

11.  Where representation is provided in proceedings referred to in section 14(g) of the Act (proceedings for contempt in the face of a court), the Lord Chancellor may only pay remuneration for services in accordance with Schedules 1, 2 and 3.

Notification of Very High Cost Cases E+W

12.—(1) A litigator who has conduct of a case which is, or is likely to be classified as, a Very High Cost Case, must notify the Lord Chancellor in writing as soon as practicable.

(2) Where a litigator fails to comply with this regulation without good reason, and as a result there is a loss to public funds, the Lord Chancellor may refuse payment of the litigator's costs up to the extent of such loss.

(3) The Lord Chancellor must not refuse payment under paragraph (2) unless the litigator has been given a reasonable opportunity to show why the payment should not be refused.

[F14 Fees in Very High Cost Cases E+W

12A.   Where services consisting of representation made available under section 16 of the Act (criminal legal aid) are provided in a case which is the subject of a Very High Cost Case contract, fees for that case must be paid—

(a) in accordance with the terms of that contract; and

(b) at the rates set out for the appropriate category and level of representative set out in Schedule 6 to these Regulations.]

Textual Amendments

F14 Reg. 12A inserted (2.12.2013) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2013 (S.I. 2013/2803), regs. 1, 3(5) (with reg. 4)

Authorisation of expenditure E+W

13.—(1) Where it appears to a litigator necessary for the proper conduct of proceedings in the Crown Court for costs to be incurred in relation to representation by taking any of the following steps—

(a) obtaining a written report or opinion of one or more experts;

(b) employing a person to provide a written report or opinion (otherwise than as an expert);

(c) obtaining any transcripts or recordings; or

(d) performing an act which is either unusual in its nature or involves unusually large expenditure,

the litigator may apply to the Lord Chancellor for prior authority to do so.

(2) Where the Lord Chancellor authorises the taking of any step referred to in paragraph (1), the Lord Chancellor shall also authorise the maximum to be paid in respect of that step.

(3) A representative assigned to an assisted person in any proceedings in the Crown Court may apply to the Lord Chancellor for prior authority for the incurring of travelling and accommodation expenses in order to attend at the F15 ... main hearing in those proceedings.

Textual Amendments

F15 Words in reg. 13(3) omitted (5.5.2015) by virtue of The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2015 (S.I. 2015/882), regs. 1, 2(8) (with reg. 3)

Interim payment of disbursements E+W

14.—(1) A litigator may submit a claim to the appropriate officer for payment of a disbursement for which the litigator has incurred liability in proceedings in the Crown Court, or in proceedings in a magistrates' court which are subsequently committed or sent for trial or transferred to the Crown Court, in accordance with the provisions of this regulation.

(2) A claim for payment under paragraph (1) may be made where—

(a) a litigator has obtained prior authority to incur expenditure of £100 or more under regulation 13; and

(b) the litigator has incurred such a liability.

(3) Without prejudice to regulation 17(4) and (5) a claim for payment under paragraph (1) must not exceed the maximum amount authorised under the prior authority.

(4) A claim for payment under paragraph (1) may be made at any time before the litigator submits a claim for fees under regulation 5.

(5) A claim for payment under paragraph (1) must be submitted to the appropriate officer in such form and manner as the appropriate officer may direct and must be accompanied by the authority to incur expenditure and any invoices or other documents in support of the claim.

(6) Subject to regulation 16, the appropriate officer must allow the disbursement subject to the limit in paragraph (3) if it appears to have been reasonably incurred in accordance with the prior authority.

(7) The appropriate officer must notify the litigator and, where the disbursement claimed includes the fees or charges of any person, may notify that person of the appropriate officer's decision.

(8) Where the appropriate officer allows the disbursement, the appropriate officer must notify the litigator and, where the disbursement includes the fees or charges of any person, may notify that person, of the amount payable, and must authorise payment to the litigator accordingly.

(9) Regulations 28 to 30 do not apply to a payment under this regulation.

Interim disbursements and final determination of fees E+W

15.—(1) On a final determination of fees, regulations 5(2) and 17 apply notwithstanding that a payment has been made under regulation 14.

(2) Where the amount found to be due under regulation 17 in respect of a disbursement is less than the amount paid under regulation 14 (“the interim payment”), the appropriate officer must deduct the difference from the sum otherwise payable to the litigator on the determination of fees, and where the amount due under regulation 17 exceeds the interim payment, the appropriate officer must add the difference to the amount otherwise payable to the litigator.

Expert services E+W

16.—(1) Subject to paragraph (2), the Lord Chancellor may provide for the payment of expert services only at the fixed fees or at rates not exceeding the rates set out in Schedule 5.

(2) The appropriate officer may, in relation to a specific claim, increase the fixed fees or rates set out in Schedule 5 if that officer considers it reasonable to do so in exceptional circumstances.

(3) For the purposes of paragraph (2), exceptional circumstances are where the expert's evidence is key to the client's case and either—

(a) the complexity of the material is such that an expert with a high level of seniority is required; or

(b) the material is of such a specialised and unusual nature that only very few experts are available to provide the necessary evidence.

Determination of litigators' disbursements E+W

17.—(1) Subject to paragraphs (2) to (5), the appropriate officer must allow such disbursements claimed under regulation 5(2) as appear to the appropriate officer to have been reasonably incurred.

(2) If the disbursements claimed are abnormally large by reason of the distance of the court or the assisted person's residence or both from the litigator's place of business, the appropriate officer may limit reimbursement of the disbursements to what otherwise would, having regard to all the circumstances, be a reasonable amount.

(3) No question as to the propriety of any step or act in relation to which prior authority has been obtained under regulation 13 may be raised on any determination of disbursements, unless the litigator knew or ought reasonably to have known that the purpose for which the authority was given had failed or had become irrelevant or unnecessary before the disbursements were incurred.

(4) Where disbursements are reasonably incurred in accordance with and subject to the limit imposed by a prior authority given under regulation 13, no question may be raised on any determination of fees as to the amount of the payment to be allowed for the step or act in relation to which the authority was given.

(5) Where disbursements are incurred in taking any steps or doing any act for which authority may be given under regulation 13, without such authority having been given or in excess of any fee so authorised, payment in respect of those disbursements may nevertheless be allowed on a determination of disbursements payable under regulation 5.

(6) Paragraph (7) applies where the Lord Chancellor receives a request for funding of an expert service of a type not listed in Schedule 5.

(7) In considering the rate at which to fund the expert service the Lord Chancellor—

(a) must have regard to the rates set out in Schedule 5; and

(b) may require more than one quotation for provision of the service to be submitted to the Lord Chancellor.

[F16 Interim payment of litigators’ fees E+W

17A.— (1) A litigator may make a claim to the appropriate officer for an interim payment of the litigator’s fees, in relation to proceedings in the Crown Court, in accordance with this regulation.

(2) Subject to paragraphs (3) to (6), a litigator may make a claim for an interim payment under this regulation in relation to one or more of the following stages in the proceedings—

(a) after a plea and case management hearing at which directions for trial are given;

(b) where representation is transferred to the litigator following the ordering of a retrial, after the date for the retrial has been set; and

(c) after commencement of a trial which is listed for 10 days or more.

(3) A litigator may not make a claim for an interim payment under paragraph (2)(a) or (b) in relation to a case committed or sent for trial to the Crown Court on the election of a defendant where the magistrates’ court has determined the case to be suitable for summary trial.

(4) Subject to paragraphs (5) and (6), a litigator may make only one claim in relation to each of the stages in the proceedings set out in paragraph (2).

(5) A litigator may not make a claim for an interim payment under paragraph (2)(a) or (b) at the same time as, or after, that litigator has made a claim for an interim payment under paragraph (2)(c).

(6) A litigator may not make a claim for an interim payment under paragraph (2)(c) if the trial in question is a retrial and the litigator was the litigator for the first or a previous trial.

(7) A litigator may not make a claim for an interim payment at the same time as, or after, that litigator has made a claim under regulation 5.

(8) A litigator must make a claim for an interim payment to the appropriate officer in such form and manner as the appropriate officer may direct.

(9) A litigator must supply such information and documents as the appropriate officer may require to determine the claim for interim payment.

(10) Where a claim for an interim payment is made in accordance with this regulation, the appropriate officer must authorise payment.

(11) Where the claim is made under paragraph (2)(a) the amount of the interim payment is the sum of—

(a) the fee which, on a final determination of fees, would be paid to the litigator if paragraph 13 of Schedule 2 and the scenario “Before trial transfer (original litigator)” set out in the table following that paragraph applied; and

(b) any additional payments which, on a final determination of fees, would be paid to the litigator under paragraph 12 of Schedule 2.

(12) Where the claim is made under paragraph (2)(b), the amount of the interim payment is the sum of—

(a) the fee which, on a final determination of fees, would be paid to the litigator under paragraph 13 of Schedule 2 and the scenario “Transfer before cracked retrial (new litigator)” set out in the table following that paragraph; and

(b) any additional payments which, on a final determination of fees, would be paid to the litigator under paragraph 12 of Schedule 2.

(13) Where the claim is made under paragraph (2)(c), the amount of the interim payment is—

(a) the sum of—

(i) the fee determined in accordance with paragraph (14) on the basis that the trial length is one day; and

(ii) any additional payments which, on a final determination of fees, must be paid to the litigator under paragraph 12 of Schedule 2;

(b) less any amount paid to the litigator, in the proceedings in question, for a claim under paragraph (2)(a) or (b).

(14) The fee referred to in paragraph (13)(a)(i) is—

(a) where the number of pages of prosecution evidence is less than or equal to the PPE Cut-off specified in the table following paragraph 5(2) of Schedule 2, the basic fee specified in the table following paragraph 7(2) of that Schedule;

(b) where the pages of prosecution evidence exceeds the PPE Cut-off specified in the table following paragraph 5(2) of Schedule 2, the final fee as calculated in accordance with paragraph 9(2) of that Schedule.

(15) For purposes of paragraphs (11) to (14)—

(a) the number of defendants;

(b) the number of pages of prosecution evidence served on the court; and

(c) the offence with which the assisted person is charged

are determined as at the date of the claim for the interim payment.

(16) Where a litigator has received a hardship payment under regulation 21, the amount of that hardship payment must be deducted from any interim payment payable to that litigator under this regulation.

(17) Where a litigator has already received one or more interim payments under this regulation, the amount to be deducted under paragraph (16) excludes any hardship payment already deducted from any earlier interim payment.

(18) Regulations 28 to 30 do not apply to a payment under this regulation.

(19) In this regulation, “PPE Cutoff” has the meaning given in Schedule 2.]

Textual Amendments

F16 Reg. 17A inserted (2.10.2014) by The Criminal Legal Aid (Remuneration) (Amendment) (No.2) Regulations 2014 (S.I. 2014/2422), reg. 1(1), Sch. (with reg. 3)

Interim payments in cases awaiting determination of fees E+W

18.—(1) The appropriate officer must authorise an interim payment in respect of a claim for fees in proceedings in the Crown Court in accordance with this regulation.

(2) Entitlement to a payment arises in respect of a claim for fees by [F17 a trial] advocate, where—

(a) the graduated fee claimed in accordance with Schedule 1 is £4,000 or more (exclusive of value added tax); and

(b) the claim for fees is for less than the amount mentioned in sub-paragraph (a) but is related to any claim for fees falling under sub-paragraph (a).

(3) For the purposes of this regulation, the following claims for fees are related to each other—

(a) the claims of [F18 trial] advocates acting in the same proceedings for a defendant; and

(b) the claims of any [F18 trial] advocate acting for any assisted person in related proceedings.

(4) Entitlement to a payment under paragraph (1) does not arise until three months have elapsed from the earlier of—

(a) the date on which the claim for fees is received by the appropriate officer for determination, except that where there are related claims for fees, the date on which the last claim is received by the appropriate officer; or

(b) three months after the conclusion of the last of any related proceedings.

(5) [F19 A trial] advocate may submit a claim for an interim payment under this regulation where—

(a) no payment has been made under paragraph (1); and

(b) six months have elapsed from the conclusion of the proceedings against the assisted person.

(6) Subject to regulation 31, payment must not be made under this regulation unless the [F20 trial] advocate has submitted a claim for fees in accordance with regulation 4(3).

[F21 (7) In this regulation, where the main hearing is a trial, “trial advocate” means an advocate who—

(a) is instructed pursuant to a section 16 determination to represent the assisted person at the trial, and

(b) attends the first day of the trial.]

Textual Amendments

F17 Words in reg. 18(2) substituted (5.5.2015) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2015 (S.I. 2015/882), regs. 1, 2(3)(b) (with reg. 3)

F18 Word in reg. 18(3) substituted (5.5.2015) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2015 (S.I. 2015/882), regs. 1, 2(5)(b) (with reg. 3)

F19 Words in reg. 18(5) substituted (5.5.2015) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2015 (S.I. 2015/882), regs. 1, 2(4)(b) (with reg. 3)

F20 Word in reg. 18(6) substituted (5.5.2015) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2015 (S.I. 2015/882), regs. 1, 2(5)(b) (with reg. 3)

F21 Reg. 18(7) inserted (5.5.2015) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2015 (S.I. 2015/882), regs. 1, 2(9) (with reg. 3)

Amount of interim payments in cases awaiting determination of fees E+W

19.—(1) Where entitlement to an interim payment arises under regulation 18, the amount payable is 40% of the total claim for fees, less any sum already paid.

(2) Regulations 28 to 30 do not apply to an interim payment under this regulation.

Staged payments in long Crown Court proceedings E+W

20.—(1) An instructed advocate may submit a claim to the appropriate officer for a staged payment of the instructed advocate's fees in relation to proceedings in the Crown Court.

(2) Where a claim is submitted in accordance with this regulation, a staged payment must be allowed where the appropriate officer is satisfied—

(a) that the claim relates to fees for a period of preparation of 100 hours or more, for which the instructed advocate will, subject to final determination of the fees payable, be entitled to be paid in accordance with Schedule 1; and

(b) that the period from committal, or sending for trial or transfer (or from the date of the section 16 determination, if later) to the conclusion of the Crown Court proceedings is likely to exceed 12 months, having regard, amongst other matters, to the number of defendants, the anticipated pleas and the weight and complexity of the case.

(3) In this regulation, “preparation” means—

(a) reading the papers in the case;

(b) contact with prosecutors;

(c) written or oral advice on plea;

(d) researching the law, preparation for examination of witnesses and preparation of oral submissions;

(e) viewing exhibits or undisclosed material at police stations;

(f) written advice on evidence;

(g) preparation of written submissions, notices or other documents for use at the trial;

(h) attendance at views at the scene of the alleged offence,

and is limited to preparation done before the trial, except in proceedings in which a preparatory hearing has been ordered under section 8 of the Criminal Justice Act 1987 (commencement of trial and arraignment), in which case it is limited to preparation done before the date on which the jury is sworn (or on which it became certain, by reason of pleas of guilty or otherwise, that the matter would not proceed to trial).

(4) The amount allowed for preparation falling within paragraph (3) must be determined by reference to the number of hours of preparation which it appears to the appropriate officer, without prejudice to the final determination of the fees payable, has been reasonably done, multiplied by the hourly rate for special preparation as set out in the table following paragraph 24 of Schedule 1, as appropriate to the category of advocate.

(5) A claim for staged payment of fees under this regulation must be made to the appropriate officer in such form and manner as the appropriate officer may direct, including such case plan as the appropriate officer may require for the purposes of paragraph (2)(a).

(6) An instructed advocate may claim further staged payments in accordance with this regulation in respect of further periods of preparation exceeding 100 hours which were not included in an earlier claim.

(7) Regulations 28 to 30 do not apply to a payment under this regulation.

Hardship payments E+W

21.—(1) Subject to paragraphs (5) and (6), the appropriate officer may allow a hardship payment to a representative in the circumstances set out in paragraph (2).

(2) Those circumstances are that the representative—

(a) represents the assisted person in proceedings in the Crown Court;

(b) applies for such payment, in such form and manner as the appropriate officer may direct, not less than six months after the representative was first instructed in those proceedings, or in related proceedings if the representative was instructed in those proceedings earlier than in the proceedings to which the application relates;

(c) is unlikely to receive final payment in respect of the proceedings, as determined under Schedule 1 or 2, within the three months following the application for the hardship payment; and

(d) satisfies the appropriate officer that, by reason of the circumstance in sub-paragraph (c), the representative is likely to suffer financial hardship.

(3) Every application for a hardship payment by an advocate must be accompanied by such information and documents as the appropriate officer may require as evidence of—

(a) the work done by the advocate in relation to the proceedings up to the date of the application; and

(b) the likelihood of financial hardship.

(4) Every application for a hardship payment by a litigator must be accompanied by such information and documents as the appropriate officer may require as evidence of—

(a) the Class of Offence with which the assisted person is charged, in accordance with Part 7 of Schedule 1;

(b) the length of trial, where appropriate;

(c) the number of pages of prosecution evidence, determined in accordance with paragraph 1(2) of Schedule 2;

(d) the total number of defendants in the proceedings who are represented by the litigator;

(e) the likelihood of financial hardship.

(5) The amount of any hardship payment is at the discretion of the appropriate officer, but must not exceed such sum as would be reasonable remuneration for the work done by the representative in the proceedings up to the date of the application.

(6) A hardship payment must not be made if it appears to the appropriate officer that the sum which would be reasonable remuneration for the representative, or the sum required to relieve the representative's financial hardship, is less than £5,000 (excluding value added tax).

(7) [F22 Subject to paragraphs (9) and (10)] where the appropriate officer allows a hardship payment under paragraph (1), the appropriate officer must authorise payment accordingly.

(8) Where the application for a hardship payment is made by an advocate other than [F23 a trial] advocate, and the appropriate officer allows a hardship payment under paragraph (1)—

[F24 (a) payment must be made to the—

(i) appropriate trial advocate who attends the first day of trial, where the trial has commenced;

(ii) appropriate trial advocate, where a trial has not commenced, or

(iii) appropriate instructed advocate, where there is no trial advocate, and]

(b) the appropriate officer must notify the advocate who made the application that payment has been made to the [F25 appropriate trial advocate or the appropriate] instructed advocate.

[F26 (9) Where a litigator has received an interim payment under regulation 17A, the amount of that interim payment must be deducted from any hardship payment payable to that litigator under this regulation.

(10) Where a litigator has already received one or more hardship payments under this regulation, the amount deducted under paragraph (9) excludes any interim payment already deducted from any earlier hardship payment.]

[F27 (11) In paragraph (8)—

“appropriate instructed advocate” means—

(a)

where the section 16 determination provides for representation by a single advocate, the instructed advocate, or

(b)

where the section 16 determination provides for representation by more than one advocate, the leading instructed advocate or the led instructed advocate, as appropriate, and

“appropriate trial advocate” means—

(a)

where the section 16 determination provides for representation by a single advocate, the trial advocate, or

(b)

where the section 16 determination provides for representation by more than one advocate, the leading trial advocate or the led trial advocate, as appropriate.]

Textual Amendments

F22 Words in reg. 21(7) inserted (2.10.2014) by The Criminal Legal Aid (Remuneration) (Amendment) (No.2) Regulations 2014 (S.I. 2014/2422), regs. 1(1), 2(4)(a) (with reg. 3)

F23 Words in reg. 21(8) substituted (5.5.2015) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2015 (S.I. 2015/882), regs. 1, 2(3)(c) (with reg. 3)

F24 Reg. 21(8)(a) substituted (5.5.2015) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2015 (S.I. 2015/882), regs. 1, 2(10)(a) (with reg. 3)

F25 Words in reg. 21(8)(b) inserted (5.5.2015) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2015 (S.I. 2015/882), regs. 1, 2(10)(b) (with reg. 3)

F26 Reg. 21(9)(10) inserted (2.10.2014) by The Criminal Legal Aid (Remuneration) (Amendment) (No.2) Regulations 2014 (S.I. 2014/2422), regs. 1(1), 2(4)(b) (with reg. 3)

F27 Reg. 21(11) inserted (5.5.2015) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2015 (S.I. 2015/882), regs. 1, 2(10)(c) (with reg. 3)

Computation of final claim where an interim payment has been made E+W

22.—(1) At the conclusion of a case in which one or more payments have been made to an instructed advocate [F28 , a trial advocate] or a litigator under regulations [F29 17A to 21], [F30 the trial] advocate or litigator must submit a claim under regulation 4 or 5 for the determination of the overall remuneration, whether or not such a claim will result in any payment additional to those already made.

(2) In the determination of the amount payable to [F31 a trial] advocate or litigator under regulation 4 or 5—

(a) the appropriate officer must deduct the amount of any payment made under regulations [F29 17A to 21] in respect of the same case from the amount that would otherwise be payable; and

(b) if the amount of the interim payment is greater than the amount that would otherwise be payable, the appropriate officer may recover the amount of the difference, either by way of repayment by [F32 the trial] advocate or litigator or by way of deduction from any other amount that may be due to [F32 the trial] advocate or litigator.

[F33 (3) In this regulation, where the main hearing is a trial, “trial advocate” means an advocate who—

(a) is instructed pursuant to a section 16 determination to represent the assisted person at the trial, and

(b) attends the first day of the trial.]

Textual Amendments

F28 Words in reg. 22(1) inserted (5.5.2015) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2015 (S.I. 2015/882), regs. 1, 2(11)(a) (with reg. 3)

F29 Words in reg. 22 substituted (2.10.2014) by The Criminal Legal Aid (Remuneration) (Amendment) (No.2) Regulations 2014 (S.I. 2014/2422), regs. 1(1), 2(5) (with reg. 3)

F30 Words in reg. 22(1) substituted (5.5.2015) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2015 (S.I. 2015/882), regs. 1, 2(6)(b) (with reg. 3)

F31 Words in reg. 22(2) substituted (5.5.2015) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2015 (S.I. 2015/882), regs. 1, 2(3)(d) (with reg. 3)

F32 Words in reg. 22(2)(b) substituted (5.5.2015) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2015 (S.I. 2015/882), regs. 1, 2(6)(b) (with reg. 3)

F33 Reg. 22(3) inserted (5.5.2015) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2015 (S.I. 2015/882), regs. 1, 2(11)(b) (with reg. 3)

Payment of fees to advocates – Crown Court E+W

23.—(1) Having determined the fees payable to each [F34 trial] advocate, in accordance with Schedule 1, the appropriate officer must notify each [F34 trial] advocate of the fees payable and authorise payment accordingly.

(2) Where, as a result of any redetermination or appeal made or brought pursuant to regulations 28 to 30, the fees payable under paragraph (1) are altered—

(a) if they are increased, the appropriate officer must authorise payment of the increase; or

(b) if they are decreased, [F35 the trial] advocate must repay the amount of such decrease.

(3) Where the payment of any fees of [F36 a trial] advocate is ordered under regulation 29(12) or regulation 30(8), the appropriate officer must authorise payment.

[F37 (4) In this regulation, where the main hearing is a trial, “trial advocate” means an advocate who—

(a) is instructed pursuant to a section 16 determination to represent the assisted person at the trial, and

(b) attends the first day of the trial.]

Textual Amendments

F34 Word in reg. 23(1) substituted (5.5.2015) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2015 (S.I. 2015/882), regs. 1, 2(5)(c) (with reg. 3)

F35 Words in reg. 23(2)(b) substituted (5.5.2015) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2015 (S.I. 2015/882), regs. 1, 2(6)(c) (with reg. 3)

F36 Words in reg. 23(3) substituted (5.5.2015) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2015 (S.I. 2015/882), regs. 1, 2(3)(e) (with reg. 3)

F37 Reg. 23(4) inserted (5.5.2015) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2015 (S.I. 2015/882), regs. 1, 2(12) (with reg. 3)

Payment of fees to litigators – Crown Court E+W

24.—(1) Having determined the fees payable to a litigator in accordance with Schedule 2, the appropriate officer must authorise payment accordingly.

(2) Where the appropriate officer determines that the fees payable under paragraph (1) are greater than or less than the amount claimed by the litigator under regulation 5(1), the appropriate officer must notify the litigator of the amount the appropriate officer has determined to be payable.

(3) Where, as a result of any redetermination or appeal made or brought pursuant to regulations 28 to 30, the fees payable under paragraph (1) are altered—

(a) if they are increased, the appropriate officer must authorise payment of the increase; or

(b) if they are decreased, the litigator must repay the amount of such decrease.

(4) Where the payment of any fees of the litigator is ordered under regulation 29(12) or regulation 30(8), the appropriate officer must authorise payment.

Recovery of overpayments E+W

25.—(1) This regulation applies where a representative is entitled to be paid a certain sum (“ the amount due”) by virtue of the provisions of Schedule 1, 2 or 3 and, for whatever reason, the representative is paid an amount greater than that sum.

(2) Where this regulation applies, the appropriate officer may—

(a) require immediate repayment of the amount in excess of the amount due (“the excess amount”); or

(b) deduct the excess amount from any other sum which is or becomes payable to the representative by virtue of the provisions of Schedule 1, 2 or 3,

and where sub-paragraph (a) applies the representative must repay the excess amount to the appropriate officer.

(3) The appropriate officer may proceed under paragraph (2)(b) without first proceeding under paragraph (2)(a).

(4) Paragraph (2) applies notwithstanding that the representative to whom the excess amount was paid is exercising, or may exercise, a right under regulations 28 to 30.

[F38 (5) In this regulation, where the main hearing is a trial, “trial advocate” means, for the purposes of the meaning of “representative”, the advocate who—

(a) is instructed pursuant to a section 16 determination to represent the assisted person at the trial, and

(b) attends the first day of the trial.]

Textual Amendments

F38 Reg. 25(5) inserted (5.5.2015) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2015 (S.I. 2015/882), regs. 1, 2(13) (with reg. 3)

Adverse observations E+W

26.—(1) Where in any proceedings to which Schedule 1, 2 or 3 applies, the court makes adverse observations concerning a representative's conduct of the proceedings, the appropriate officer may reduce any fee which would otherwise be payable in accordance with Schedule 1, 2 or 3 by such proportion as the appropriate officer considers reasonable.

(2) Before reducing the fee payable to a representative in accordance with the provisions of paragraph (1), the appropriate officer must give the representative the opportunity to make representations about whether it is appropriate to reduce the fee and the extent to which the fee should be reduced.

Wasted costs orders E+W

27.—(1) Subject to paragraph (2), where the court has disallowed the whole or any part of any wasted costs under section 19A of the Prosecution of Offences Act 1985 M9 (costs against legal representatives etc), the appropriate officer, in determining fees in respect of work done by the representative against whom the wasted costs order was made, may deduct the amount in the wasted costs order from the amount otherwise payable in accordance with these Regulations.

(2) Where the appropriate officer, in accordance with this regulation, is minded to disallow any amount of a claim for work done to which the wasted costs order relates, the appropriate officer must disallow that amount or the amount of the wasted costs order, whichever is the greater.

Marginal Citations

M9 1985 c. 23. Section 19A was inserted by section 111 of the Courts and Legal Services Act 1990 (c. 41).

Redetermination of fees by appropriate officer E+W

28.—(1) Where—

(a) an advocate in proceedings in the Crown Court is dissatisfied with the decision not to allow any of the following fees, or with the number of hours allowed in the calculation of such a fee, namely—

(i) a special preparation fee under paragraph 17 of Schedule 1; or

(ii) a wasted preparation fee under paragraph 18 of Schedule 1; or

(b) [F39 a] [F40 trial] advocate in proceedings in the Crown Court is dissatisfied with—

(i) the decision not to allow an hourly fee in respect of attendance at conferences or views at the scene of the alleged offence under paragraph 19 of Schedule 1, or with the number of hours allowed in the calculation of such a fee;

(ii) the calculation by the appropriate officer of the fee payable to the [F40 trial] advocate in accordance with Schedule 1; or

(iii) the decision of the appropriate officer under paragraph 3(3) of Schedule 1 (reclassification of an offence not specifically listed in the relevant Table of Offences and so deemed to fall within Class H); or

(c) a litigator is dissatisfied with—

(i) the calculation by the appropriate officer of the fee payable to the litigator in accordance with Schedule 2; or

(ii) the decision of the appropriate officer under paragraph 3(3) of Schedule 2 (reclassification of an offence not specifically listed in the relevant Table of Offences and so deemed to fall within Class H),

the advocate, [F40 trial] advocate or litigator, as the case may be, may apply to the appropriate officer to redetermine those fees, to review that decision or to reclassify the offence, as appropriate.

(2) An application under paragraph (1) may not challenge the quantum of any of the fees set out in Schedule 1 or Schedule 2.

(3) Subject to regulation 31, an application under paragraph (1), or paragraph 11(1) of Schedule 3, must be made—

(a) within 21 days of the receipt of the fees payable under regulation 23, regulation 24 or paragraph 10 of Schedule 3, as appropriate;

(b) by giving notice in writing to the appropriate officer, specifying the matters in respect of which the application is made and the grounds of objection; and

(c) in such form and manner as the appropriate officer may direct.

(4) The notice of application must be accompanied by the information and documents supplied under regulation 4, regulation 5 or Schedule 3, as appropriate.

(5) The notice of application must state whether the applicant wishes to appear or to be represented and, if the applicant so wishes, the appropriate officer must notify the applicant of the hearing date and time.

(6) The applicant must supply such further information and documents as the appropriate officer may require.

(7) The appropriate officer must, in the light of the objections made by the applicant or on behalf of the applicant—

(a) redetermine the fees, whether by way of confirmation, or increase or decrease in the amount previously determined;

(b) confirm the classification of the offence within Class H; or

(c) reclassify the offence,

as the case may be, and must notify the applicant of his decision.

(8) Where the applicant so requests, the appropriate officer must give reasons in writing for the appropriate officer's decision.

(9) Subject to regulation 31, any request under paragraph (8) must be made within 21 days of receiving notification of the appropriate officer's decision under paragraph (7).

[F41 (10) In this regulation, where the main hearing is a trial, “trial advocate” means an advocate who—

(a) is instructed pursuant to a section 16 determination to represent the assisted person at the trial, and

(b) attends the first day of the trial.]

Textual Amendments

F39 Word in reg. 28(1)(b) substituted (5.5.2015) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2015 (S.I. 2015/882), regs. 1, 2(14)(a) (with reg. 3)

F40 Word in reg. 28 substituted (5.5.2015) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2015 (S.I. 2015/882), regs. 1, 2(14)(b) (with reg. 3)

F41 Reg. 28(10) inserted (5.5.2015) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2015 (S.I. 2015/882), regs. 1, 2(14)(c) (with reg. 3)

Appeals to a Costs Judge E+W

29.—(1) Where the appropriate officer has given his reasons for his decision under regulation 28(8), a representative who is dissatisfied with that decision may appeal to a Costs Judge.

(2) Subject to regulation 31, an appeal under paragraph (1) or paragraph 11(2) of Schedule 3 must be instituted within 21 days of the receipt of the appropriate officer's reasons, by giving notice in writing to the Senior Costs Judge.

(3) The appellant must send a copy of any notice of appeal given under paragraph (2) to the appropriate officer.

(4) The notice of appeal must be accompanied by—

(a) a copy of any written representations given under regulation 28(3);

(b) the appropriate officer's reasons for the appropriate officer's decision given under regulation 28(8); and

(c) the information and documents supplied to the appropriate officer under regulation 28.

(5) The notice of appeal must—

(a) be in such form as the Senior Costs Judge may direct;

(b) specify separately each item appealed against, showing (where appropriate) the amount claimed for the item, the amount determined and the grounds of the objection to the determination; and

(c) state whether the appellant wishes to appear or to be represented or whether the appellant will accept a decision given in the appellant's absence.

(6) The Senior Costs Judge may, and if so directed by the Lord Chancellor either generally or in a particular case must, send to the Lord Chancellor a copy of the notice of appeal together with copies of such other documents as the Lord Chancellor may require.

(7) With a view to ensuring that the public interest is taken into account, the Lord Chancellor may arrange for written or oral representations to be made on the Lord Chancellor's behalf and, if the Lord Chancellor intends to do so, the Lord Chancellor must inform the Senior Costs Judge and the appellant.

(8) Any written representations made on behalf of the Lord Chancellor under paragraph (7) must be sent to the Senior Costs Judge and the appellant and, in the case of oral representations, the Senior Costs Judge and the appellant must be informed of the grounds on which such representations will be made.

(9) The appellant must be permitted a reasonable opportunity to make representations in reply.

(10) The Costs Judge must inform the appellant (or the person representing him) and the Lord Chancellor, where representations have been or are to be made on the Lord Chancellor's behalf, of the date of any hearing and, subject to the provisions of this regulation, may give directions as to the conduct of the appeal.

(11) The Costs Judge may consult the trial judge or the appropriate officer and may require the appellant to provide any further information which the Costs Judge requires for the purpose of the appeal and, unless the Costs Judge otherwise directs, no further evidence may be received on the hearing of the appeal and no ground of objection may be raised which was not raised under regulation 28.

(12) The Costs Judge has the same powers as the appropriate officer under these Regulations and, in the exercise of such powers, may alter the redetermination of the appropriate officer in respect of any sum allowed, whether by increasing or decreasing it, as the Costs Judge thinks fit.

(13) The Costs Judge must communicate his decision and the reasons for it in writing to the appellant, the Lord Chancellor and the appropriate officer.

(14) Where the Costs Judge increases the sums redetermined under regulation 28, the Costs Judge may allow the appellant a sum in respect of part or all of any reasonable costs incurred by the appellant in connection with the appeal (including any fee payable in respect of an appeal).

Appeals to the High Court E+W

30.—(1) A representative who is dissatisfied with the decision of a Costs Judge on an appeal under regulation 29 may apply to a Costs Judge to certify a point of principle of general importance.

(2) Subject to regulation 31, an application under paragraph (1) or paragraph 11(3) of Schedule 3 must be made within 21 days of receiving notification of a Costs Judge's decision under regulation 29(13).

(3) Where a Costs Judge certifies a point of principle of general importance the appellant may appeal to the High Court against the decision of a Costs Judge on an appeal under regulation 29, and the Lord Chancellor must be a respondent to such an appeal.

(4) Subject to regulation 31, an appeal under paragraph (3) must be instituted within 21 days of receiving notification of a Costs Judge's certificate under paragraph (1).

(5) Where the Lord Chancellor is dissatisfied with the decision of a Costs Judge on an appeal under regulation 29, the Lord Chancellor may, if no appeal has been made by an appellant under paragraph (3), appeal to the High Court against that decision, and the appellant must be a respondent to the appeal.

(6) Subject to regulation 31, an appeal under paragraph (5) must be instituted within 21 days of receiving notification of the Costs Judge's decision under regulation 29(13).

(7) An appeal under paragraph (3) or (5) must—

(a) be brought in the Queen's Bench Division;

(b) subject to paragraph (4), follow the procedure set out in Part 52 of the Civil Procedure Rules 1998 M10 ; and

(c) be heard and determined by a single judge whose decision will be final.

(8) The judge has the same powers as the appropriate officer and a Costs Judge under these Regulations and may reverse, affirm or amend the decision appealed against or make such other order as the judge thinks fit.

Marginal Citations

M10 S.I. 1998/3132. There are relevant amendments in S.I. 2000/221 and 2092, 2003/2113 and 3361, 2004/2072, 2005/3515, 2006/1689 and 3435, 2007/2204, 2009/2092 and 3390, 2010/1953 and 2012/2208.

Time limits E+W

31.—(1) Subject to paragraph (2), the time limit within which any act is required or authorised to be done under these Regulations may, for good reason, be extended—

(a) in the case of acts required or authorised to be done under regulations 29 or 30, by a Costs Judge or the High Court as the case may be; and

(b) in the case of acts required or authorised to be done by a representative under any other regulation, by the appropriate officer.

(2) Where a representative without good reason has failed (or, if an extension were not granted, would fail) to comply with a time limit, the appropriate officer, a Costs Judge or the High Court, as the case may be, may, in exceptional circumstances, extend the time limit and must consider whether it is reasonable in the circumstances to reduce the fees payable to the representative under regulations 4, 5 or 6, provided that the fees must not be reduced unless the representative has been allowed a reasonable opportunity to show cause orally or in writing why the fees should not be reduced.

(3) A representative may appeal to a Costs Judge against a decision made under this regulation by an appropriate officer and such an appeal must be instituted within 21 days of the decision being given by giving notice in writing to the Senior Costs Judge specifying the grounds of appeal.

[F42 (4) In this regulation, where the main hearing is a trial, “trial advocate” means, for the purposes of the meaning of “representative”, the advocate who—

(a) is instructed pursuant to a section 16 determination to represent the assisted person at the trial, and

(b) attends the first day of the trial.]

Textual Amendments

F42 Reg. 31(4) inserted (5.5.2015) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2015 (S.I. 2015/882), regs. 1, 2(15) (with reg. 3)

Signed by authority of the Lord Chancellor

McNally

Minister of State

Ministry of Justice

Regulation 4

SCHEDULE 1 E+W Advocates' Graduated Fee Scheme

PART 1 E+W Definitions and Scope

Interpretation E+W

1.—(1) In this Schedule—

“case” means proceedings in the Crown Court against any one assisted person—

(a)

on one or more counts of a single indictment;

(b)

arising out of a single notice of appeal against conviction or sentence, or a single committal for sentence, whether on one or more charges; or

(c)

arising out of a single alleged breach of an order of the Crown Court,

and a case falling within paragraph (c) must be treated as a separate case from the proceedings in which the order was made;

“cracked trial” means a case on indictment in which—

(a)

a plea and case management hearing takes place and—

(i)

the case does not proceed to trial (whether by reason of pleas of guilty or for other reasons) or the prosecution offers no evidence; and

(ii)

either—

(aa)

in respect of one or more counts to which the assisted person pleaded guilty, the assisted person did not so plead at the plea and case management hearing; or

(bb)

in respect of one or more counts which did not proceed, the prosecution did not, before or at the plea and case management hearing, declare an intention of not proceeding with them; or

(b)

the case is listed for trial without a plea and case management hearing taking place;

“guilty plea” means a case on indictment which—

(a)

is disposed of without a trial because the assisted person pleaded guilty to one or more counts; and

(b)

is not a cracked trial;

F43 ...

“Newton Hearing” means a hearing at which evidence is heard for the purpose of determining the sentence of a convicted person in accordance with the principles of R v Newton (1982) 77 Cr App R 13;

“standard appearance” means an appearance by the trial advocate or substitute advocate in any of the following hearings which do not form part of the main hearing—

(a)

a plea and case management hearing, except the first plea and case management hearing;

(b)

a pre-trial review;

(c)

the hearing of a case listed for plea which is adjourned for trial;

(d)

any hearing (except a trial, a plea and case management hearing, a pre-trial review or a hearing referred to in paragraph 2(1)(b)) which is listed but cannot proceed because of the failure of the assisted person or a witness to attend, the unavailability of a pre-sentence report or other good reason;

(e)

custody time limit applications;

(f)

bail and other applications (except where any such applications take place in the course of a hearing referred to in paragraph 2(1)(b));

(g)

the hearing of the case listed for mention only, including applications relating to the date of the trial (except where an application takes place in the course of a hearing referred to in paragraph 2(1)(b));

(h)

a sentencing hearing other than one falling within paragraph 2(1)(b)(ii), paragraph 15(1) or paragraph 34;

(i)

a preliminary hearing; or

(j)

a hearing, whether contested or not, relating to breach of bail, failure to surrender to bail or execution of a bench warrant,

provided that a fee is not payable elsewhere under this Schedule in respect of the hearing;

“substitute advocate” means an advocate who is not an instructed advocate or the trial advocate but who undertakes work on the case; F44 ...

F43 ...

(2) For the purposes of this Schedule, the number of pages of prosecution evidence served on the court must be determined in accordance with sub-paragraphs (3) to (5).

(3) The number of pages of prosecution evidence includes all—

(a) witness statements;

(b) documentary and pictorial exhibits;

(c) records of interviews with the assisted person; and

(d) records of interviews with other defendants,

which form part of the committal or served prosecution documents or which are included in any notice of additional evidence.

(4) Subject to sub-paragraph (5), a document served by the prosecution in electronic form is included in the number of pages of prosecution evidence.

(5) A documentary or pictorial exhibit which—

(a) has been served by the prosecution in electronic form; and

(b) has never existed in paper form,

is not included within the number of pages of prosecution evidence unless the appropriate officer decides that it would be appropriate to include it in the pages of prosecution evidence taking into account the nature of the document and any other relevant circumstances.

(6) In proceedings on indictment in the Crown Court initiated otherwise than by committal for trial, the appropriate officer must determine the number of pages of prosecution evidence in accordance with sub-paragraphs (2) to (5) or as nearly in accordance with those sub-paragraphs as possible as the nature of the case permits.

(7) A reference to the Table of Offences in this Schedule is to the Table of Offences in Part 7 and a reference to a Class of Offence in this Schedule is to the Class in which that offence is listed in the Table of Offences.

Textual Amendments

F43 Words in Sch. 1 para. 1(1) omitted (5.5.2015) by virtue of The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2015 (S.I. 2015/882), regs. 1, 2(16)(a)(i) (with reg. 3)

F44 Word in Sch. 1 para. 1(1) omitted (5.5.2015) by virtue of The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2015 (S.I. 2015/882), regs. 1, 2(16)(a)(ii) (with reg. 3)

Application E+W

2.—(1) Subject to sub-paragraphs (2) to (11), this Schedule applies to—

(a) every case on indictment; and

(b) the following proceedings in the Crown Court—

(i) an appeal against conviction or sentence;

(ii) a sentencing hearing following a committal for sentence to the Crown Court; and

(iii) proceedings arising out of an alleged breach of an order of the Crown Court (whether or not this Schedule applies to the proceedings in which the order was made).

(2) Sub-paragraphs (3) and (4) apply where, following a trial, an order is made for a new trial and the same trial advocate appears at both trials where—

(a) the defendant is an assisted person at both trials; or

(b) the defendant is an assisted person at the new trial only; or

(c) the new trial is a cracked trial or guilty plea.

(3) Subject to sub-paragraph (4), in respect of a new trial, or if the trial advocate so elects, in respect of the first trial, the graduated fee payable to the trial advocate must be calculated in accordance with Part 2 or Part 3, as appropriate, except that the fee must be reduced by—

(a) 30%, where the new trial started within one month of the conclusion of the first trial;

(b) 20%, where the new trial did not start within one month of the conclusion of the first trial;

(c) 40%, where the new trial becomes a cracked trial or guilty plea within one month of the conclusion of the first trial; or

(d) 25% where the new trial becomes a cracked trial or guilty plea more than one month after the conclusion of the first trial.

(4) Where—

(a) in relation to the first trial, the case was committed or sent for trial to the Crown Court on the election of a defendant where the magistrates' court had determined the case to be suitable for summary trial; and

(b) the new trial becomes a cracked trial or guilty plea,

the fee payable to the trial advocate must be—

(i) the graduated fee calculated in accordance with Part 2, in respect of the first trial; and

(ii) the fixed fee set out in paragraph 10 in respect of the new trial.

(5) Sub-paragraphs (6) and (7) apply in the circumstances set out in sub-paragraph (2) but where a different trial advocate appears for the assisted person at each trial.

(6) Subject to sub-paragraph (7), in respect of each trial, the graduated fee payable to the trial advocate must be calculated in accordance with Part 2 or Part 3 as appropriate.

(7) Where—

(a) in relation to the first trial, the case was committed or sent for trial to the Crown Court on the election of a defendant where the magistrates' court had determined the case to be suitable for summary trial; and

(b) the new trial becomes a cracked trial or guilty plea,

the fee payable to the trial advocate at the first trial must be the graduated fee, calculated in accordance with Part 2 and the fee payable to the trial advocate at the new trial must be the fixed fee set out in paragraph 10.

(8) Where following a case on indictment a Newton hearing takes place—

(a) for the purposes of this Schedule the case is to be treated as having gone to trial;

(b) the length of the trial is to be taken to be the combined length of the main hearing and the Newton hearing;

(c) the provisions of this Schedule relating to cracked trials and guilty pleas do not apply; and

(d) no fee is payable under paragraph 15 in respect of the Newton hearing.

(9) Sub-paragraph (10) applies where proceedings are—

(a) sent for trial to the Crown Court; or

(b) transferred to the Crown Court under—

(i) section 4 of the Criminal Justice Act 1987 M11 (transfer of serious fraud cases); or

(ii) section 53 of the Criminal Justice Act 1991 M12 (transfer of certain cases involving children).

(10) Where, at any time after proceedings are sent or transferred to the Crown Court as referred to in sub-paragraph (9), they are—

(a) discontinued by a notice served under section 23A of the Prosecution of Offences Act 1985 M13 (discontinuance of proceedings after accused has been sent for trial); or

(b) dismissed pursuant to—

(i) paragraph 2 of Schedule 3 to the Crime and Disorder Act 1998 M14 (applications for dismissal);

(ii) section 6 of the Criminal Justice Act 1987 (applications for dismissal); or

(iii) paragraph 5 of Schedule 6 to the Criminal Justice Act 1991 (applications for dismissal),

the provisions of paragraph 22 apply.

(11) 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 sub-paragraph (10),

must be treated as a guilty plea.

Marginal Citations

M11 1987 c. 38. Section 4 was repealed by the Criminal Justice Act 2003 (c. 44), sections 41, 332, Schedule 3, Part 2, Paragraphs 58(1) and (2) and Schedule 37, Part 4, which repeal is in force for certain purposes and will take effect in full from a date to be appointed.

M12 1991 c. 53. Section 53 was repealed by the Criminal Justice Act 2003 (c. 44), sections 41, 332, Schedule 3, Part 2, Paragraphs 62(1) and (2) and Schedule 37, Part 4, which repeal is in force for certain purposes and will take effect in full from a date to be appointed.

M13 1985 c. 23. Section 23A was inserted by section 119 of the Crime and Disorder Act 1998 (c. 37).

M14 1998 c. 37.

Class of Offences E+W

3.—(1) For the purposes of this Schedule—

(a) every indictable offence falls within the Class under which it is listed in the Table of Offences and, subject to sub-paragraph (2), indictable offences not specifically so listed are deemed to fall within Class H;

(b) conspiracy to commit an indictable offence contrary to section 1 of the Criminal Law Act 1977 M15 (the offence of conspiracy), incitement to commit an indictable offence and attempts to commit an indictable offence contrary to section 1 of the Criminal Attempts Act 1981 M16 (attempting to commit an offence) fall within the same Class as the substantive offence to which they relate;

(c) where the Table of Offences specifies that the Class within which an offence falls depends on whether the value involved exceeds a stated limit, the value must be presumed not to exceed that limit unless the advocate making the claim under regulation 4 proves otherwise to the satisfaction of the appropriate officer;

(d) where more than one count of the indictment is for an offence in relation to which the Class depends on the value involved, that value must be taken to be the total value involved in all those offences, but where two or more counts relate to the same property, the value of that property must be taken into account once only;

(e) where an entry in the Table of Offences specifies an offence as being contrary to a statutory provision, then subject to any express limitation in the entry that entry includes every offence contrary to that statutory provision whether or not the words of description in the entry are appropriate to cover all such offences;

(f) where in a case on indictment there is a hearing to determine the question of whether an assisted person is unfit to plead or unfit to stand trial, the trial advocate must elect whether that hearing falls within the same Class as the indictable offence to which it relates or within Class D; and

(g) where in a case on indictment a restriction order is made under section 41 of the Mental Health Act 1983 M17 (power of higher courts to restrict discharge from hospital), the offence falls within Class A, regardless of the Class under which the offence would be listed in the Table of Offences but for this paragraph.

(2) Where an advocate in proceedings in the Crown Court is dissatisfied with the classification within Class H of an indictable offence not listed in the Table of Offences, the advocate may apply to the appropriate officer when lodging the claim for fees to reclassify the offence.

(3) The appropriate officer must, in light of the objections made by the advocate—

(a) confirm the classification of the offence within Class H; or

(b) reclassify the offence,

and must notify the advocate of the decision.

Marginal Citations

M15 1977 c. 45.

M16 1981 c. 47.

M17 1983 c. 20.

PART 2 E+W Graduated Fees for Trial

Calculation of Graduated Fees E+W

4.  The amount of the graduated fee for a single trial advocate representing one assisted person being tried on one indictment in the Crown Court in a trial lasting one to 40 days must be calculated in accordance with the following formula—

Where—

G is the amount of the graduated fee;

B is the basic fee specified in the table following paragraph 5 as appropriate to the offence for which the assisted person is tried and the category of trial advocate;

d is the number of days or parts of a day on which the advocate attends at court by which the trial exceeds 2 days but does not exceed 40 days;

D is the fee payable in respect of daily attendance at court for the number of days by which the trial exceeds 2 days but does not exceed 40 days, as appropriate to the offence for which the assisted person is tried and the category of trial advocate;

e is the number of pages of prosecution evidence excluding the first 50, up to a maximum of 10,000;

E is the evidence uplift specified in the table following paragraph 5 as appropriate to the offence for which the assisted person is tried and the category of trial advocate;

w is the number of prosecution witnesses excluding the first 10;

W is the witness uplift specified in the table following paragraph 5 as appropriate to the offence for which the assisted person is tried and the category of trial advocate.

Table of fees E+W

5.  For the purposes of paragraph 4 the basic fee (B), the daily attendance fee (D), the evidence uplift (E) and the witness uplift (W) appropriate to any offence are those specified in the table following this paragraph in accordance with the Class within which that offence falls.

Table of Fees and Uplifts

Class of Offence	Basic Fee (B)	Daily Attendance Fee (D)	Evidence Uplift (E)	Witness Uplift (W)
	(£)	(£)	(£)	(£)
QC
A	2,856	979	1.63	6.53
B	2,529	857	1.63	6.53
C	1,968	816	1.63	6.53
D	2,284	816	1.63	6.53
E	1,514	612	1.63	6.53
F	1,514	612	1.63	6.53
G	1,514	612	1.63	6.53
H	1,903	816	1.63	6.53
I	2,122	816	1.63	6.53
J	2,856	979	1.63	6.53
K	2,856	979	1.63	6.53
Leading Junior
A	2,142	734	1.23	4.90
B	1,897	643	1.23	4.90
C	1,476	612	1.23	4.90
D	1,714	612	1.23	4.90
E	1,136	459	1.23	4.90
F	1,136	459	1.23	4.90
G	1,136	459	1.23	4.90
H	1,427	612	1.23	4.90
I	1,592	612	1.23	4.90
J	2,142	734	1.23	4.90
K	2,142	734	1.23	4.90
Led Junior
A	1,632	490	0.81	3.26
B	1,265	428	0.81	3.26
C	898	408	0.81	3.26
D	1,125	408	0.81	3.26
E	694	306	0.81	3.26
F	694	306	0.81	3.26
G	694	306	0.81	3.26
H	816	408	0.81	3.26
I	979	408	0.81	3.26
J	1,632	490	0.81	3.26
K	1,428	490	0.81	3.26
Junior Alone
A	1,632	530	0.98	4.90
B	1,305	469	0.98	4.90
C	898	408	0.98	4.90
D	1,125	408	0.98	4.90
E	653	326	0.98	4.90
F	694	326	0.98	4.90
G	694	326	0.98	4.90
H	816	408	0.98	4.90
I	979	408	0.98	4.90
J	1,632	530	0.98	4.90
K	1,632	530	0.98	4.90

PART 3 E+W Graduated Fees for Guilty Pleas and Cracked Trials

Scope of Part 3 E+W

[F45 6.— (1) Subject to sub-paragraph (2) and to paragraph 22, this Part does not apply to a case committed or sent for trial to the Crown Court on the election of a defendant where the magistrates’ court has determined the case to be suitable for a summary trial.

(2) This Part applies in all cases where the trial is a cracked trial because the prosecution offer no evidence on all counts against a defendant and the judge directs that a not guilty verdict be entered.]

Textual Amendments

F45 Sch. 1 para. 6 substituted (2.10.2014) by The Criminal Legal Aid (Remuneration) (Amendment) (No.2) Regulations 2014 (S.I. 2014/2422), regs. 1(1), 2(6)(a) (with reg. 3)

Calculation of graduated fees in guilty pleas and cracked trials E+W

7.—(1) The amount of the graduated fee for a single trial advocate representing one assisted person in a guilty plea or cracked trial is—

(a) where the case is a guilty plea or a trial which cracks in the first third—

(i) the basic fee specified in Table A following paragraph 8 as appropriate to the offence with which the assisted person is charged, and the category of trial advocate; and

(ii) the evidence uplift, as appropriate to the number of pages of prosecution evidence, calculated in accordance with that table; and

(b) where the case is a trial which cracks in the second or last third—

(i) the basic fee specified in Table B following paragraph 8 as appropriate to the offence with which the assisted person is charged and the category of trial advocate; and

(ii) the evidence uplift, as appropriate to the number of pages of prosecution evidence, calculated in accordance with that table.

(2) Where—

(a) the trial of a case does not commence on the date first fixed; or

(b) the case is not taken and disposed of from the first warned list in which it is entered,

the basic fee and evidence uplift for the offence are those specified for the last third in Table B following paragraph 8.

(3) In this paragraph, and in the tables following paragraph 8, references to the first, second and last third are references to the first, second and last third—

(a) where a case is first listed for trial on a fixed date, of the period of time beginning with the day after the date on which the case is so listed and ending with the day before the date so fixed;

(b) where the case is first placed in a warned list, of the period of time beginning with the day after the date on which the case is so placed and ending with the day before the date of the start of that warned list,

and where the number of days in this period of time cannot be divided by three equally, any days remaining after such division must be added to the last third.

(4) Where a graduated fee is calculated in accordance with this Part for the purposes of paragraph 2(3), the fee must be calculated as if the trial had cracked in the last third.

Tables of fees E+W

8.  Subject to paragraph 7, the basic fee and evidence uplift appropriate to any offence are specified in the tables following this paragraph in accordance with the Class within which that offence falls, the category of trial advocate and whether the case is a guilty plea, a trial which cracks in the first third or a trial which cracks in the second or last third.

Table A – Fees and uplifts in guilty pleas and trials which crack in the first third

Class of Offence	Basic Fee (£)	Evidence uplift per page of prosecution evidence (pages 1 to 1,000) (£)	Evidence uplift per page of prosecution evidence (1,001 to 10,000) (£)
QC
A	1,714	2.85	1.43
B	1,305	1.8	0.90
C	1,224	1.28	0.64
D	1,305	2.85	1.43
E	1,081	0.92	0.46
F	1,081	1.20	0.61
G	1,081	1.20	0.61
H	1,224	1.65	0.82
I	1,224	1.61	0.80
J	1,714	2.85	1.43
K	1,714	1.59	0.80
Leading Junior
A	1,285	2.15	1.07
B	979	1.35	0.67
C	918	0.96	0.48
D	979	2.15	1.07
E	811	0.69	0.35
F	811	0.90	0.46
G	811	0.90	0.46
H	918	1.24	0.61
I	918	1.21	0.60
J	1,285	2.15	1.07
K	1,285	1.19	0.60
Led Junior
A	857	1.43	0.72
B	653	0.90	0.45
C	612	0.64	0.32
D	653	1.43	0.72
E	541	0.46	0.23
F	541	0.61	0.30
G	541	0.61	0.30
H	612	0.83	0.42
I	612	0.80	0.40
J	857	1.43	0.72
K	857	0.80	0.40
Junior Alone
A	979	1.19	0.59
B	694	0.81	0.41
C	449	0.60	0.30
D	694	1.19	0.59
E	408	0.35	0.17
F	408	0.54	0.27
G	408	0.54	0.27
H	490	0.54	0.28
I	571	0.42	0.22
J	979	1.19	0.59
K	979	1.02	0.51

Table B – Fees and uplifts in trials which crack in the second or last third

Class of Offence	Basic Fee (£)	Evidence uplift per page of prosecution evidence (pages 1 to 250) (£)	Evidence uplift per page of prosecution evidence (pages 251 to 1,000) (£)	Evidence uplift per page of prosecution evidence (pages 1,001 to 10,000) (£)
QC
A	2,324	5.07	1.27	1.68
B	1,743	3.20	0.80	1.06
C	1,520	2.27	0.57	0.75
D	1,743	5.07	1.27	1.68
E	1,232	1.63	0.41	0.54
F	1,232	2.14	0.54	0.71
G	1,232	2.14	0.54	0.71
H	1,540	2.93	0.73	0.96
I	1,598	2.87	0.71	0.94
J	2,324	5.07	1.27	1.68
K	2,324	2.83	0.71	0.94
Leading Junior
A	1,744	3.80	0.95	1.26
B	1,307	2.40	0.60	0.80
C	1,140	1.70	0.43	0.56
D	1,307	3.80	0.95	1.26
E	924	1.22	0.31	0.41
F	924	1.60	0.41	0.53
G	924	1.60	0.41	0.53
H	1,155	2.20	0.54	0.72
I	1,198	2.14	0.53	0.71
J	1,744	3.80	0.95	1.26
K	1,744	2.13	0.53	0.71
Led Junior
A	1,162	2.54	0.64	0.84
B	871	1.60	0.40	0.53
C	760	1.14	0.28	0.37
D	871	2.54	0.64	0.84
E	616	0.82	0.20	0.27
F	616	1.07	0.27	0.36
G	616	1.07	0.27	0.36
H	770	1.46	0.37	0.48
I	798	1.43	0.36	0.48
J	1,162	2.54	0.64	0.84
K	1,162	1.42	0.36	0.47
Junior Alone
A	1,307	4.52	2.10	0.69
B	908	3.11	1.45	0.48
C	581	2.31	1.07	0.36
D	808	4.52	2.10	0.69
E	508	1.34	0.63	0.20
F	508	2.08	0.96	0.32
G	508	2.08	0.96	0.32
H	618	2.08	0.97	0.32
I	726	1.63	0.76	0.25
J	1,307	4.52	2.10	0.69
K	1,234	3.91	1.82	0.60

PART 4 E+W Fixed Fee for Guilty Pleas and Cracked Trials

Scope of Part 4 E+W

[F46 9.— (1) Subject to sub-paragraph (2), this Part applies to a case committed or sent for trial to the Crown Court on the election of a defendant where the magistrates’ court has determined the case to be suitable for summary trial.

(2) This Part does not apply where the trial is a cracked trial because the prosecution offer no evidence on all counts against a defendant and the judge directs that a not guilty verdict be entered.]

Textual Amendments

F46 Sch. 1 para. 9 substituted (2.10.2014) by The Criminal Legal Aid (Remuneration) (Amendment) (No.2) Regulations 2014 (S.I. 2014/2422), regs. 1(1), 2(6)(b) (with reg. 3)

Fixed fee for guilty pleas or cracked trials E+W

10.  The fee payable to an advocate in relation to a guilty plea or cracked trial to which this Part applies is £194 per proceedings.

PART 5 E+W Fixed Fees

General provisions E+W

11.—(1) All work undertaken by an advocate in a case to which Part 4 applies is included within the fee set out in paragraph 10 except for attendance at a confiscation hearing to which paragraph 14 applies.

(2) Except as provided under this Part, all work undertaken by an advocate in a case to which Part 3 applies is included within the basic fee (B) specified in the table following paragraph 5, or that following paragraph 8, as appropriate to—

(a) the offence for which the assisted person is tried;

(b) the category of advocate; and

(c) whether the case is a cracked trial, guilty plea or trial.

Fees for plea and case management hearings and standard appearances E+W

12.—(1) The fee payable in respect of—

(a) an appearance by the trial advocate or substitute advocate at the first plea and case management hearing or pre-trial review; and

(b) up to four standard appearances by the trial advocate or substitute advocate,

is included within the basic fee (B) specified in the table following paragraph 5, or that following paragraph 8, as appropriate to the offence for which the assisted person is tried and the category of trial advocate.

(2) The fee payable in respect of an appearance by the trial advocate or substitute advocate at a plea and case management hearing or standard appearance not included in sub-paragraph (1) is specified in the table following paragraph 24 as appropriate to the category of trial advocate or substitute advocate.

(3) The fee payable for preparing and filing the plea and case management questionnaire where no oral hearing takes place is specified in the table following paragraph 24 as appropriate to the category of trial advocate or substitute advocate.

(4) This paragraph does not apply to a standard appearance which is or forms part of the main hearing in a case or to a hearing for which a fee is payable elsewhere under this Schedule.

Fees for abuse of process, disclosure, admissibility and withdrawal of plea hearings E+W

13.—(1) This paragraph applies to—

(a) the hearing of an application to stay the case on indictment or any count on the ground that the proceedings constitute an abuse of the process of the court;

(b) any hearing relating to the question of whether any material should be disclosed by the prosecution to the defence or the defence to the prosecution (whether or not any claim to public interest immunity is made);

(c) the hearing of an application under section 2(1) of the Criminal Procedure (Attendance of Witnesses) Act 1965 M18 (issue of witness summons on application to Crown Court) for disclosure of material held by third parties;

(d) any hearing relating to the question of the admissibility as evidence of any material; and

(e) the hearing of an application to withdraw a plea of guilty where the application is—

(i) made by an advocate other than the advocate who appeared at the hearing at which the plea of guilty was entered; and

(ii) unsuccessful.

(2) Where a hearing to which this paragraph applies is held on any day of the main hearing of a case on indictment, no separate fee is payable in respect of attendance at the hearing, but the hearing is included in the length of the main hearing for the purpose of calculating the fees payable.

(3) Where a hearing to which this paragraph applies is held prior to the first or only day of the main hearing, it is not included in the length of the main hearing for the purpose of calculating the fees payable and the trial advocate or substitute advocate must be remunerated for attendance at such a hearing—

(a) in respect of any day where the hearing begins before and ends after the luncheon adjournment, at the daily rate set out in the table following paragraph 24 as appropriate to the category of trial advocate or substitute advocate; or

(b) in respect of any day where the hearing begins and ends before the luncheon adjournment, or begins after the luncheon adjournment, at the half-daily rate set out in the table following paragraph 24 as appropriate to the category of trial advocate or substitute advocate.

Marginal Citations

M18 1965 c 69.

Fees for confiscation hearings E+W

14.—(1) This paragraph applies to—

(a) a hearing under Part 2 of the Proceeds of Crime Act 2002 M19 (confiscation: England and Wales);

(b) a hearing under section 2 of the Drug Trafficking Act 1994 M20 (confiscation orders); and

(c) a hearing under section 71 of the Criminal Justice Act 1988 M21 (confiscation orders).

(2) A hearing to which this paragraph applies is not included in the length of the main hearing or of any sentencing hearing for the purpose of calculating the fees payable, and the trial advocate or substitute advocate must be remunerated in respect of such a hearing—

(a) where the number of pages of evidence is fewer than 51, for attendance—

(i) in respect of any day when the hearing begins before and ends after the luncheon adjournment, at the daily rate set out in the first section of the table following this sub-paragraph; or

(ii) in respect of any day when the hearing begins and ends before the luncheon adjournment, or begins after the luncheon adjournment, at the half-daily rate set out in the first section of that table,

as appropriate to the category of trial advocate or substitute advocate;

(b) where the number of pages of evidence is between 51 and 1000—

(i) at the rates for the relevant number of pages set out in the second section of the table following this sub-paragraph; and

(ii) where the hearing lasts for more than one day, for attendance on subsequent days or half-days at the daily rate or half-daily rate set out in the first section of that table,

as appropriate to the category of trial advocate or substitute advocate; or

(c) where the number of pages of evidence exceeds 1000—

(i) at the rates for 751 to 1000 pages set out in the second section of the table following this sub-paragraph;

(ii) with such fee as the appropriate officer considers reasonable for preparation in respect of the pages in excess of 1000, at the hourly rates for preparation set out in the third section of that table; and

(iii) where the hearing lasts for more than one day, for attendance on subsequent days or half-days at the daily rate or half-daily rate set out in the first section of that table,

as appropriate to the category of trial advocate or substitute advocate.

Fees for confiscation hearings

	Fee for QC (£)	Fee for Leading Junior (£)	Fee for Junior Alone (£)	Fee for Led Junior (£)
1. Daily and half daily rates
Half daily rate	260	195	130	130
Daily rate	497	346	238	238
2. Pages of evidence
51-250	649	541	433	324
251-500	973	811	649	486
501-750	1,298	1,081	865	649
751-1000	1,946	1,622	1,298	973
3. Preparation
hourly rates	74	56	39	39

(3) In sub-paragraph (2) “evidence” means—

(a) the statement of information served under section 16 of the Proceeds of Crime Act 2002 and relied on by the prosecution for the purposes of a hearing under Part 2 of that Act, or a similar statement served and so relied on for the purposes of a hearing under section 2 of the Drug Trafficking Act 1994 or under section 71 of the Criminal Justice Act 1988 and, in each case, any attached annexes and exhibits;

(b) any other document which—

(i) is served as a statement or an exhibit for the purposes of the trial;

(ii) is specifically referred to in, but not served with, a statement mentioned in paragraph (a); and

(iii) the prosecution state that they intend to rely on in the hearing; and

(c) any written report of an expert obtained with the prior authority of the Lord Chancellor under regulation 13 or allowed by the appropriate officer under these Regulations, and any attached annexes and exhibits, other than documents contained in such annexes or exhibits which have also been served under paragraph (a) or (b) or which consist of financial records or similar data.

Marginal Citations

M19 2002 c 29.

M20 1994 c. 37.

M21 1988 c. 33.

Fees for sentencing hearings E+W

15.—(1) This paragraph applies to a sentencing hearing following a case on indictment to which this Schedule applies, where sentence has been deferred under section 1 of the Powers of Criminal Courts (Sentencing) Act 2000 M22 (deferment of sentence).

(2) The fee payable to an advocate for appearing at a hearing to which this paragraph applies is that set out in the table following paragraph 24 as appropriate to the category of trial advocate or substitute advocate and the circumstances of the hearing.

Marginal Citations

M22 2000 c. 6.

Fees for ineffective trials E+W

16.  The fee set out in the table following paragraph 24 as appropriate to the category of trial advocate is payable in respect of each day on which the case was listed for trial but did not proceed on the day for which it was listed, for whatever reason.

Fees for special preparation E+W

17.—(1) This paragraph applies where, in any case on indictment in the Crown Court in respect of which a graduated fee is payable under Part 2 or Part 3—

(a) it has been necessary for an advocate to do work by way of preparation substantially in excess of the amount normally done for cases of the same type because the case involves a very unusual or novel point of law or factual issue;

(b) the number of pages of prosecution evidence, as defined in paragraph 1(2), exceeds 10,000 and the appropriate officer considers it reasonable to make a payment in excess of the graduated fee payable under this Schedule; or

(c) a documentary or pictorial exhibit is served by the prosecution in electronic form where—

(i) the exhibit has never existed in paper form; and

(ii) the appropriate officer—

(aa) does not consider it appropriate to include the exhibit in the pages of prosecution evidence; and

(bb) considers it reasonable to make a payment in respect of the exhibit in excess of the graduated fee.

(2) Where this paragraph applies, a special preparation fee may be paid, in addition to the graduated fee payable under Part 2 or Part 3.

(3) The amount of the special preparation fee must be calculated—

(a) where sub-paragraph (1)(a) applies, from the number of hours preparation in excess of the amount the appropriate officer considers reasonable for cases of the same type;

(b) where sub-paragraph (1)(b) applies, from the number of hours which the appropriate officer considers reasonable to read the excess pages; and

(c) where sub-paragraph (1)(c) applies, from the number of hours which the appropriate officer considers reasonable to view the prosecution evidence,

and in each case using the hourly fee rates set out in the table following paragraph 24 as appropriate to the category of trial advocate.

(4) Any claim for a special preparation fee under this paragraph must be made by [F47 a trial] advocate, whether or not [F48 the trial] advocate did the work claimed for.

(5) [F49 A trial] advocate claiming a special preparation fee must supply such information and documents as may be required by the appropriate officer in support of the claim.

(6) In determining a claim under this paragraph, the appropriate officer must take into account all the relevant circumstances of the case, including, where special preparation work has been undertaken by more than one advocate, the benefit of such work to the trial advocate.

[F50 (7) In sub-paragraphs (4) and (5), where the main hearing is a trial, “trial advocate” means the advocate who—

(a) is instructed pursuant to a section 16 determination to represent the assisted person at the trial, and

(b) attends the first day of the trial.]

Textual Amendments

F47 Words in Sch. 1 para. 17(4) substituted (5.5.2015) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2015 (S.I. 2015/882), regs. 1, 2(3)(f) (with reg. 3)

F48 Words in Sch. 1 para. 17(4) substituted (5.5.2015) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2015 (S.I. 2015/882), regs. 1, 2(6)(d) (with reg. 3)

F49 Words in Sch. 1 para. 17(5) substituted (5.5.2015) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2015 (S.I. 2015/882), regs. 1, 2(4)(c) (with reg. 3)

F50 Sch. 1 para. 17(7) inserted (5.5.2015) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2015 (S.I. 2015/882), regs. 1, 2(16)(b) (with reg. 3)

Fees for wasted preparation E+W

18.—(1) A wasted preparation fee may be claimed where a trial advocate in any case to which this paragraph applies is prevented from representing the assisted person in the main hearing by any of the following circumstances—

(a) the trial advocate is instructed to appear in other proceedings at the same time as the main hearing in the case and has been unable to secure a change of date for either the main hearing or the other proceedings;

(b) the date fixed for the main hearing is changed by the court despite the trial advocate's objection;

(c) the trial advocate has withdrawn from the case with the leave of the court because of the trial advocate's professional code of conduct or to avoid embarrassment in the exercise of the trial advocate's profession;

(d) the trial advocate has been dismissed by the assisted person or the litigator; or

(e) the trial advocate is obliged to attend at any place by reason of a judicial office held by the trial advocate or other public duty.

(2) This paragraph applies to every case on indictment to which this Schedule applies provided that—

(a) the case goes to trial, and the trial lasts for five days or more; or

(b) the case is a cracked trial, and the number of pages of prosecution evidence exceeds 150.

(3) The amount of the wasted preparation fee must be calculated from the number of hours of preparation reasonably carried out by the trial advocate, using the hourly fee rates set out in the table following paragraph 24 as appropriate to the category of trial advocate, but no such fee is payable unless the number of hours of preparation is eight or more.

(4) Any claim for a wasted preparation fee under this paragraph must be made by [F51 a trial] advocate, whether or not [F52 the trial] advocate did the work claimed for.

(5) [F53 A trial] advocate claiming a wasted preparation fee must supply such information and documents as may be required by the appropriate officer as proof of the circumstances in which the F54 ... advocate was prevented from representing the assisted person and of the number of hours of preparation.

[F55 (6) In sub-paragraphs (4) and (5), where the main hearing is a trial, “trial advocate” means an advocate who—

(a) is instructed pursuant to a section 16 determination to represent the assisted person at the trial, and

(b) attends the first day of the trial.]

Textual Amendments

F51 Words in Sch. 1 para. 18(4) substituted (5.5.2015) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2015 (S.I. 2015/882), regs. 1, 2(3)(f) (with reg. 3)

F52 Words in Sch. 1 para. 18(4) substituted (5.5.2015) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2015 (S.I. 2015/882), regs. 1, 2(6)(d) (with reg. 3)

F53 Words in Sch. 1 para. 18(5) substituted (5.5.2015) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2015 (S.I. 2015/882), regs. 1, 2(4)(c) (with reg. 3)

F54 Word in Sch. 1 para. 18(5) omitted (5.5.2015) by virtue of The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2015 (S.I. 2015/882), regs. 1, 2(16)(c)(i) (with reg. 3)

F55 Sch. 1 para. 18(6) inserted (5.5.2015) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2015 (S.I. 2015/882), regs. 1, 2(16)(c)(ii) (with reg. 3)

Fees for conferences and views E+W

19.—(1) This paragraph applies to the following types of work—

(a) attendance by the trial advocate at pre-trial conferences with prospective or actual expert witnesses not held at court;

(b) attendance by the trial advocate at views at the scene of the alleged offence;

(c) attendance by the trial advocate at pre-trial conferences with the assisted person not held at court;

(d) reasonable travelling time by the trial advocate for the purpose of attending a view at the scene of the alleged offence; or

(e) reasonable travelling time by the trial advocate for the purpose of attending a pre-trial conference with the assisted person or prospective or actual expert witness, where the appropriate officer is satisfied that the assisted person or prospective or actual expert witness was unable or could not reasonably have been expected to attend a conference at the trial advocate's chambers or office.

(2) The fees payable in respect of attendance at the first three pre-trial conferences or views, as set out in sub-paragraph (1)(a) to (c), are included in the basic fee (B) specified in the table following paragraph 5, or that following paragraph 8, as appropriate to the offence for which the assisted person is tried, the category of trial advocate and whether the case is a guilty plea, cracked trial or trial, provided that the trial advocate satisfies the appropriate officer that the work was reasonably necessary.

(3) The fee specified in the table following paragraph 24 as appropriate to the category of trial advocate is payable in the following circumstances, provided that the trial advocate satisfies the appropriate officer that the work was reasonably necessary—

(a) for trials lasting not less than 21 and not more than 25 days, and cracked trials where it was accepted by the court at the plea and case management hearing that the trial would last not less than 21 days and not more than 25 days, one further pre-trial conference or view not exceeding two hours;

(b) for trials lasting not less than 26 and not more than 35 days, and cracked trials where it was accepted by the court at the plea and case management hearing that the trial would last not less than 26 days and not more than 35 days, two further pre-trial conferences or views each not exceeding two hours; and

(c) for trials lasting not less than 36 days, and cracked trials where it was accepted by the court at the plea and case management hearing that the trial would last not less than 36 days and not more than 40 days, three further pre-trial conferences or views each not exceeding two hours.

(4) Travel expenses must be paid for all conferences and views set out in sub-paragraph (1)(a) to (c), provided that the trial advocate satisfies the appropriate officer that they were reasonably incurred.

(5) Travelling time must be paid for all conferences and views set out in sub-paragraph (1)(a) to (c), provided that the trial advocate satisfies the appropriate officer that it was reasonable.

Fees for appeals, committals for sentence and breach hearings E+W

20.—(1) Subject to sub-paragraphs (4) and (5) and paragraph 26 the fee payable to a trial advocate in any of the hearings referred to in paragraph 2(1)(b) is the fixed fee specified in the table following paragraph 24.

(2) Where a hearing referred to in paragraph 2(1)(b) is listed but cannot proceed because of the failure of the assisted person or a witness to attend, the unavailability of a pre-sentence report, or other good reason, the fee payable to the advocate is the fixed fee specified in the table following paragraph 24.

(3) Where—

(a) a bail application;

(b) a mention hearing; or

(c) any other application,

takes place in the course of a hearing referred to in paragraph 2(1)(b), the fee payable to the advocate is the fixed fee specified in the table following paragraph 24.

(4) Where it appears to the appropriate officer that the fixed fee allowed under sub-paragraph (1) would be inappropriate taking into account all of the relevant circumstances of the case the appropriate officer may instead allow fees of such amounts as appear to the appropriate officer to be reasonable remuneration for the relevant work in accordance with sub-paragraph (5).

(5) The appropriate officer may allow any of the following classes of fees to an advocate in respect of work allowed by the appropriate officer under this paragraph—

(a) a fee for preparation including, where appropriate, the first day of the hearing including, where they took place on that day—

(i) short conferences;

(ii) consultations;

(iii) applications and appearances (including bail applications);

(iv) views at the scene of the alleged offence; and

(v) any other preparation;

(b) a refresher fee for any day or part of a day for which a hearing continued, including, where they took place on that day—

(i) short conferences;

(ii) consultations;

(iii) applications and appearances (including bail applications);

(iv) views at the scene of the alleged offence; and

(v) any other preparation; and

(c) subsidiary fees for—

(i) attendance at conferences, consultations and views at the scene of the alleged offence not covered by paragraph (a) or (b);

(ii) written advice on evidence, plea, appeal, case stated or other written work; and

(iii) attendance at applications and appearances (including bail applications and adjournments for sentence) not covered by paragraph (a) or (b).

Fees for contempt proceedings E+W

21.—(1) Subject to sub-paragraph (2), remuneration for advocates in proceedings referred to in section 14(g) 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 14(g) 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

Discontinuance or dismissal of sent or transferred proceedings E+W

22.—(1) This paragraph applies to proceedings which are—

(a) sent for trial to the Crown Court; or

(b) transferred to the Crown Court under—

(i) section 4 of the Criminal Justice Act 1987 (transfer of serious fraud cases); or

(ii) section 53 of the Criminal Justice Act 1991 (transfer of certain cases involving children).

(2) Where proceedings referred to in sub-paragraph (1) are discontinued by a notice served under section 23A of the Prosecution of Offences Act 1985 (discontinuance of proceedings after accused has been sent for trial) at any time before the prosecution serves its evidence in accordance with the Crime and Disorder Act 1998 (Service of Prosecution Evidence) Regulations 2005 M23 the advocate must be paid 50% of the basic fee (B) for a guilty plea, as specified in the table following paragraph 8 as appropriate to the offence for which the assisted person is charged and the category of advocate.

(3) Where proceedings referred to in sub-paragraph (1) are discontinued by a notice served under section 23A of the Prosecution of Offences Act 1985 (discontinuance of proceedings after accused has been sent for trial) at any time after the prosecution serves its evidence in accordance with the Crime and Disorder Act 1998 (Service of Prosecution Evidence) Regulations 2005, the advocate must be paid a graduated fee calculated in accordance with paragraph 7, as appropriate for representing an assisted person in a guilty plea.

(4) Sub-paragraph (5) 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.

(5) 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 case is remitted to the magistrates' court in accordance with paragraph 10(3)(a), 13(2) or 15(3)(a) of Schedule 3 to the Crime and Disorder Act 1998,

the advocate instructed in the proceedings must be paid a graduated fee calculated in accordance with paragraph 7, as appropriate for representing an assisted person in a guilty plea.

(6) Where an application for dismissal is made under paragraph 2 of Schedule 3 to the Crime and Disorder Act 1998, section 6 of the Criminal Justice Act 1987 or paragraph 5 of Schedule 6 to the Criminal Justice Act 1991 (applications for dismissal), the advocate must be remunerated for attendance at the hearing of the application for dismissal—

(a) in respect of any day where the hearing begins before and ends after the luncheon adjournment, at the daily rate set out in the table following paragraph 24 as appropriate to the category of advocate; or

(b) in respect of any day where the hearing begins and ends before the luncheon adjournment, or begins after the luncheon adjournment, at the half-daily rate set out in that table as appropriate to the category of advocate,

provided that a fee is not payable elsewhere under this Schedule in respect of any day of the hearing.

(7) Where an application for dismissal is made under paragraph 2 of Schedule 3 to the Crime and Disorder Act 1998, section 6 of the Criminal Justice Act 1987 or paragraph 5 of Schedule 6 to the Criminal Justice Act 1991, and—

(a) the charge, or charges, are dismissed and the assisted person is discharged; or

(b) the case is remitted to the magistrates' court in accordance with paragraph 10(3)(a), 13(2) or 15(3)(a) of Schedule 3 to the Crime and Disorder Act 1998,

in respect of the first day of the hearing of the application to dismiss, the advocate instructed in the proceedings must be paid a graduated fee calculated in accordance with paragraph 7, as appropriate for representing an assisted person in a guilty plea.

(8) Where an advocate represents more than one assisted person in proceedings referred to in sub-paragraph (1), the advocate must be paid a fixed fee of 20% of—

(a) the fee specified in sub-paragraph (2) where that sub-paragraph applies; or

(b) the basic fee (B) specified in the table following paragraph 8 where sub-paragraph (3), (4) or (5) applies, as appropriate for the circumstances set out in the relevant sub-paragraph,

in respect of each additional assisted person the advocate represents.

Marginal Citations

M23 S.I. 2005/902 as amended by S.I. 2012/1345.

Noting brief fees E+W

23.  The fee payable to an advocate retained solely for the purpose of making a note of any hearing must be the daily fee set out in the table following paragraph 24.

Fixed fees E+W

24.  The table following this paragraph sets out the fixed fees payable in relation to the category of work specified in the first column of the table.

Fixed Fees

Category of work	Paragraph providing for fee	Fee for QC (£)	Fee for Leading Junior (£)	Fee for Led Junior or Junior alone (£)
Standard appearance	12(2)	173 per day	130 per day	87 per day
Paper plea and case management	12(3)	26 per case	26 per case	26 per case
Abuse of process hearing	13(1)(a) and 13(3)	260 half day 497 full day	195 half day 346 full day	130 half day 238 full day
Hearings relating to disclosure	13(1)(b), 13(1)(c) and 13(3)	260 half day 497 full day	195 half day 346 full day	130 half day 238 full day
Hearings relating to the admissibility of evidence	13(1)(d) and 13(3)	260 half day 497 full day	195 half day 346 full day	130 half day 238 full day
Hearings on withdrawal of guilty plea	13(1)(e) and 13(3)	260 half day 497 full day	195 half day 346 full day	130 half day 238 full day
Deferred sentencing hearing	15(2)	324 per day	238 per day	173 per day
Ineffective trial payment	16	281 per day	195 per day	130 per day
Special preparation	17	74 per hour	56 per hour	39 per hour
Wasted preparation	18	74 per hour	56 per hour	39 per hour
Conferences and views	19	74 per hour	56 per hour	39 per hour
Appeals to the Crown Court against conviction	20(1)	260 per day	195 per day	130 per day
Appeals to the Crown Court against sentence	20(1)	216 per day	151 per day	108 per day
Proceedings relating to breach of an order of the Crown Court	20(1)	216 per day	151 per day	108 per day
Committal for sentence	20(1)	260 per day	195 per day	130 per day
Adjourned appeals, committals for sentence and breach hearings	20(2)	173 per day	130 per day	87 per day
Bail applications, mentions and other applications in appeals, committals for sentence and breach hearings	20(3)	173 per day	130 per day	87 per day
Second and subsequent days of an application to dismiss	22(6)	260 half day 497 full day	195 half day 346 full day	130 half day 238 full day
Noting brief	24			108 per day
Hearing for mitigation of sentence	34	260 per day	173 per day	108 per day

PART 6 E+W Miscellaneous

Identity of instructed advocate E+W

25.—(1) Where an instructed advocate is appointed before the plea and case management hearing, the instructed advocate must notify the Court in writing as soon as the appointment is made and, where appropriate, must confirm whether the instructed advocate is the leading instructed advocate or the led instructed advocate.

(2) Where the section 16 determination provides for representation by a single advocate and no instructed advocate has been notified to the Court in accordance with sub-paragraph (1)—

(a) the barrister or solicitor advocate who attends the plea and case management hearing is deemed to be the instructed advocate; and

(b) the Court must make a written record of this fact.

(3) Where the section 16 determination provides for representation by a single advocate and no barrister or solicitor advocate attends the plea and case management hearing—

(a) the barrister or solicitor advocate who attends the next hearing in the case is deemed to be the instructed advocate; and

(b) the Court must make a written record of this fact.

(4) Where the section 16 determination provides for representation by more than one advocate, and no leading instructed advocate has been notified to the Court in accordance with sub-paragraph (1), the leading advocate who attends—

(a) the plea and case management hearing; or

(b) where no leading advocate attends the plea and case management hearing, the next hearing in the case attended by a leading advocate,

is deemed to be the leading instructed advocate, and the Court must make a written record of this fact.

(5) Where the section 16 determination provides for representation by more than one advocate, and no led instructed advocate has been notified to the Court in accordance with sub-paragraph (1), the led advocate who attends—

(a) the plea and case management hearing; or

(b) where no led advocate attends the plea and case management hearing, the next hearing in the case attended by a led advocate,

is deemed to be the led instructed advocate, and the Court must make a written record of this fact.

(6) Where a section 16 determination is amended after the plea and case management hearing to provide for representation by more than one advocate—

(a) the additional instructed advocate must notify the Court in writing of the additional instructed advocate's appointment within 7 days of the date on which the section 16 determination is amended; and

(b) each instructed advocate must notify the Court whether that instructed advocate is the leading instructed advocate or the led instructed advocate.

(7) Where no additional instructed advocate has been notified to the Court in accordance with sub-paragraph (6)(a), the advocate who attends the next hearing in the case is deemed to be an instructed advocate and the Court must record in writing whether that instructed advocate is the leading instructed advocate or the led instructed advocate, as appropriate to the circumstances of the case.

(8) Where—

(a) a case ceases to be a Very High Cost Case (in relation to fees claimed by advocates); and

(b) none of sub-paragraphs (1) to (7) applies,

the instructed advocate must notify the Court in writing of the instructed advocate's appointment within 7 days of the case ceasing to be a Very High Cost Case.

(9) The Court must attach—

(a) any notice received under sub-paragraph (1), (6) or (8); and

(b) any record made by it under sub-paragraph (2), (3), (4), (5) or (7),

to the representation order.

(10) An instructed advocate must remain as instructed advocate at all times, except where—

(a) a date for trial is fixed at or before the plea and case management hearing and the instructed advocate is unable to conduct the trial due to the instructed advocate's other pre-existing commitments;

(b) the instructed advocate is dismissed by the assisted person or the litigator; or

(c) the instructed advocate is required to withdraw because of his professional code of conduct.

(11) Where, in accordance with sub-paragraph (10), an instructed advocate withdraws, the instructed advocate must—

(a) immediately notify the court of the withdrawal—

(i) in writing; or

(ii) where the withdrawal takes place at a plea and case management hearing, orally; and

(b) within 7 days of the date of the withdrawal, notify the court in writing of the identity of a replacement instructed advocate, who must fulfil all the functions of an instructed advocate in accordance with these Regulations.

(12) This paragraph does not apply to a claim for fees under paragraph 32, 33 or 34.

Payment of fees to instructed advocate E+W

26.—(1) In accordance with regulation 23 the appropriate officer must notify each [F56 trial] advocate of the total fees payable and authorise payment to the [F56 trial] advocate accordingly.

(2) Payment of the fees in accordance with sub-paragraph (1) must be made to each [F56 trial] advocate.

(3) Where the section 16 determination provides for representation by a single advocate, the [F56 trial] advocate is responsible for arranging payment of fees to the [F57 instructed] advocate and any substitute advocate who has undertaken work on the case.

(4) Where there are two[F56 trial]advocates for an assisted person, payment must be made to each [F56 trial] advocate individually, and—

(a) the leading[F56 trial] advocate is responsible for arranging payment of fees to the [F57 instructed] advocate and any substitute advocate who have undertaken work on the case of a type for which a leading advocate is responsible; and

(b) the led[F56 trial]advocate is responsible for arranging payment of fees to the [F57 instructed] advocate and any substitute advocate who have undertaken work on the case of a type for which a led advocate is responsible.

[F58 (4A) In this paragraph, where the main hearing is a trial, “trial advocate” means an advocate who—

(a) is instructed pursuant to a section 16 determination to represent the assisted person at the trial, and

(b) attends the first day of the trial.]

(5) This paragraph does not apply to a claim for fees under paragraph 32, 33 or 34.

Textual Amendments

F56 Word in Sch. 1 para. 26 substituted (5.5.2015) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2015 (S.I. 2015/882), regs. 1, 2(5)(d) (with reg. 3)

F57 Word in Sch. 1 para. 26 substituted (5.5.2015) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2015 (S.I. 2015/882), regs. 1, 2(16)(d)(i) (with reg. 3)

F58 Sch. 1 para. 26(4A) inserted (5.5.2015) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2015 (S.I. 2015/882), regs. 1, 2(16)(d)(ii) (with reg. 3)

Additional charges and additional cases E+W

27.—(1) Where an assisted person is charged with more than one offence on one indictment, the fee payable to the trial advocate under this Schedule must be based on whichever of those offences the trial advocate selects.

(2) Where two or more cases to which this Schedule applies involving the same trial advocate are heard concurrently (whether involving the same or different assisted persons)—

(a) the trial advocate must select one case (“the principal case”), which must be treated for the purposes of remuneration in accordance with this Schedule;

(b) in respect of the main hearing in each of the other cases the trial advocate must be paid a fixed fee of 20% of—

(i) the basic fee (B) specified in the table following paragraph 5 or that following paragraph 8, as appropriate, for the principal case, where that is a case falling within paragraph 2(1)(a); or

(ii) the fixed fee for the principal case, where that is a case falling within paragraph 2(1)(b) or paragraph 10.

(3) Nothing in sub-paragraphs (4) to (6) permits a fixed fee under Part 5, other than one to which paragraph 14 applies, to be paid in a case to which Part 4 applies.

(4) Where a trial advocate or substitute advocate appears at a hearing specified in paragraph 12, 13, 14, 15 or 16, forming part of two or more cases involving different assisted persons, the trial advocate or substitute advocate must be paid—

(a) in respect of the first such case, the fixed fee for that hearing specified in the table following paragraph 24; and

(b) in respect of each of the other cases, 20% of that fee.

(5) Subject to sub-paragraphs (1) to (4), where a trial advocate or substitute advocate appears at a hearing forming part of two or more cases, the trial advocate or substitute advocate must be paid the fixed fee for that hearing specified in the table following paragraph 24 in respect of one such case, without any increase in respect of the other cases.

(6) Where a trial advocate selects—

(a) one offence, in preference to another offence, under sub-paragraph (1); or

(b) one case as the principal case, in preference to another case, under sub-paragraph (2),

that selection does not affect the trial advocate's right to claim any of the fees set out in the table following paragraph 24 to which the trial advocate would otherwise have been entitled.

Multiple advocates E+W

28.  Where a section 16 determination provides for representation by three advocates in a case the provisions of this Schedule apply, and the fees payable to the led juniors in accordance with Part 2 or Part 3 are payable to each led junior who is instructed in the case.

Non-local appearances E+W

29.  Where an advocate is instructed to appear in a court which is not within 40 kilometres of the advocate's office or chambers, the appropriate officer may allow an amount for travelling and other expenses incidental to that appearance, provided that the amount must not be greater than the amount, if any, which would be payable to a trial advocate from the nearest local Bar or the nearest advocate's office (whichever is the nearer) unless the advocate instructed to appear has obtained prior approval under regulation 13 for the incurring of such expenses or can justify the attendance having regard to all the relevant circumstances of the case.

Trials lasting over 40 days E+W

30.  Where a trial exceeds 40 days, the trial advocate must be paid a fee as set out in the table following this paragraph, as appropriate to the category of trial advocate and the Class of Offence, for each day by which the trial exceeds 40 days on which the trial advocate attends at court.

Daily rates payable where a trial lasts over 40 days

Class of Offence	Daily rate payable for days 41-50 (£)	Daily rate payable for days 51 and over (£)
QC
A	387	414
B	387	414
C	387	414
D	387	414
E	387	414
F	387	414
G	387	414
H	387	414
I	387	414
J	387	414
K	387	414
Leading Junior
A	331	356
B	331	356
C	331	356
D	331	356
E	331	356
F	331	356
G	331	356
H	331	356
I	331	356
J	331	356
K	331	356
Led Junior
A	221	237
B	221	237
C	221	237
D	221	237
E	221	237
F	221	237
G	221	237
H	221	237
I	221	237
J	221	237
K	221	237
Junior Alone
A	266	285
B	247	265
C	247	265
D	266	285
E	225	241
F	225	241
G	225	241
H	247	265
I	247	265
J	266	285
K	266	285

Assisted person unfit to plead or stand trial E+W

31.  Where in any case a hearing is held to determine the question of whether the assisted person is unfit to plead or to stand trial (a “fitness hearing”)—

(a) if a trial on indictment is held, or continues, at any time thereafter, the length of the fitness hearing is included in determining the length of the trial for the calculation of the graduated fee in accordance with Part 2 or Part 3;

(b) if a trial on indictment is not held, or does not continue, thereafter by reason of the assisted person being found unfit to plead or to stand trial, the trial advocate must be paid—

(i) a graduated fee calculated in accordance with paragraph 4 as appropriate to the combined length of—

(aa) the fitness hearing; and

(bb) any hearing under section 4A of the Criminal Procedure (Insanity) Act 1964 M24 (finding that the accused did the act or made the omission charged against him); or

(ii) a graduated fee calculated in accordance with paragraph 7 as appropriate for representing an assisted person in a cracked trial,

whichever the trial advocate elects; and

(c) if at any time the assisted person pleads guilty to the indictable offence, the trial advocate must be paid either—

(i) a graduated fee calculated in accordance with paragraph 4 as appropriate to the length of the fitness hearing; or

(ii) a graduated fee calculated in accordance with paragraph 7 as appropriate for representing an assisted person in a guilty plea,

whichever the trial advocate elects.

Marginal Citations

M24 1964 c. 84, as amended by section 2 of the Criminal Procedure (Insanity and Unfitness to Plead) Act 1991 (c. 25) and section 22 of the Domestic Violence Crime and Victims Act 2004 (c. 28).

Cross examination of witness E+W

32.—(1) Where in any case on indictment an advocate is retained solely for the purpose of cross-examining a witness under section 38 of the Youth Justice and Criminal Evidence Act 1999 M25 (defence representation for purposes of cross-examination), the advocate must be paid a graduated fee calculated in accordance with paragraph 4.

(2) For the purposes of this paragraph the daily attendance fee (D) is as set out in the table following paragraph 5 as appropriate to the number of days of attendance at court by the advocate.

Marginal Citations

M25 1999 c. 23.

Provision of written or oral advice E+W

33.—(1) Where in any case on indictment an advocate is assigned pursuant to a section 16 determination solely for the purpose of providing written or oral advice, the advocate must be paid for the reasonable number of hours of preparation for that advice using the hourly fee rates for special preparation set out in the table following paragraph 24 as appropriate to the category of trial advocate.

(2) An advocate claiming a fee for advice under this paragraph may apply to the appropriate officer to redetermine the fee under regulation 28 and the advocate must supply such information and documents as may be required by the appropriate officer as proof of the number of hours of preparation.

Mitigation of sentence E+W

34.—(1) Where in any case on indictment an advocate is assigned pursuant to a section 16 determination to appear at a sentencing hearing solely for the purpose of applying to the court to mitigate the assisted person's sentence, the advocate must be paid in respect of that appearance the fee specified in the table following paragraph 24 together with a fee calculated from the reasonable number of hours of preparation for that appearance using the hourly fee rates for special preparation set out in the table following paragraph 24 as appropriate to the category of trial advocate.

(2) An advocate claiming an hourly preparation fee under this paragraph may apply to the appropriate officer to redetermine such hourly fee under regulation 28 and the advocate must supply such information and documents as may be required by the appropriate officer as proof of the number of hours of preparation.

PART 7 E+W Table of Offences

Offence	Contrary to	Year and Chapter
Class A: Homicide and related grave offences
Murder	Common law
Manslaughter	Common law
Soliciting to commit murder	Offences against the Person Act 1861, s.4	1861 c. 100
Child destruction	Infant Life (Preservation) Act 1929, s.1(1)	1929 c. 34
Infanticide	Infanticide Act 1938, s.1(1)	1938 c. 36
Causing explosion likely to endanger life or property	Explosive Substances Act 1883, s.2	1883 c. 3
Attempt to cause explosion, making or keeping explosives etc.	Explosive Substances Act 1883, s.3	As above
Class B: Offences involving serious violence or damage, and serious drug offences
Endangering the safety of an aircraft	Aviation Security Act 1982, s.2(1)(b)	1982 c. 36
Racially aggravated arson (not endangering life)	Crime and Disorder Act 1998, s.30(1)	1998 c. 37
Kidnapping	Common law
False imprisonment	Common law
Aggravated criminal damage	Criminal Damage Act 1971, s.1(2)	1971 c. 48
Aggravated arson	Criminal Damage Act 1971, s.1(2), (3)	As above
Arson (where value exceeds £30,000)	Criminal Damage Act 1971, s.1(3)	As above
Possession of firearm with intent to endanger life	Firearms Act 1968, s.16	1968 c. 27
Use of firearm to resist arrest	Firearms Act 1968, s.17	As above
Possession of firearm with criminal intent	Firearms Act 1968, s.18	As above
Possession or acquisition of certain prohibited weapons etc.	Firearms Act 1968, s.5	As above
Aggravated burglary	Theft Act 1968, s.10	1968 c. 60
Armed robbery	Theft Act 1968, s.8(1)	As above
Assault with weapon with intent to rob	Theft Act 1968, s.8(2)	As above
Blackmail	Theft Act 1968, s.21	As above
Riot	Public Order Act 1986, s.1	1986 c. 64
Violent disorder	Public Order Act 1986, s.2	As above
Contamination of good with intent	Public Order Act 1986, s.38	As above
Causing death by dangerous driving	Road Traffic Act 1988, s.1	1988 c. 52
Causing death by careless driving while under the influence of drink or drugs	Road Traffic Act 1988, s.3A	As above
Aggravated vehicle taking resulting in death	Theft Act 1968, s.12A	1968 c. 60
Causing danger to road users	Road Traffic Act 1988, s.22A	1988 c. 52
Attempting to choke, suffocate, strangle etc.	Offences against the Person Act 1861, s.21	1861 c. 100
Causing miscarriage by poison, instrument	Offences against the Person Act 1861, s.58	As above
Making threats to kill	Offences against the Person Act 1861, s.16	As above
Wounding or grievous bodily harm with intent to cause grievous bodily harm etc.	Offences against the Person Act 1861, s.18	As above
Endangering the safety of railway passengers	Offences against the Person Act 1861, ss. 32, 33, 34	As above
Impeding persons endeavouring to escape wrecks	Offences against the Person Act 1861, s.17	As above
Administering chloroform, laudanum etc.	Offences against the Person Act 1861, s.22	As above
Administering poison etc. so as to endanger life	Offences against the Person Act 1861, s.23	As above
Cruelty to persons under 16	Children and Young Persons Act 1933, s.1	1933 c. 12
Aiding and abetting suicide	Suicide Act 1961, s.2	1961 c. 60
Prison mutiny	Prison Security Act 1992, s.1	1992 c. 25
Assaulting prison officer whilst possessing firearm etc.	Criminal Justice Act 1991, s.90	1991 c. 53
Producing or supplying a Class A or B drug	Misuse of Drugs Act 1971, s.4	1971 c. 38
Possession of a Class A or B drug with intent to supply	Misuse of Drugs Act 1971, s.5(3)	As above
Manufacture and supply of scheduled substances	Criminal Justice (International Co-operation) Act 1990, s.12	1990 c. 5
Fraudulent evasion of controls on Class A and B drugs	Customs and Excise Management Act 1979, s.170(2)(b), (c)	1979 c. 2
Illegal importation of Class A and B drugs	Customs and Excise Management Act 1979, s.50	As above
Offences in relation to proceeds of drug trafficking	Drug Trafficking Act 1994, ss. 49, 50, 51	1994 c. 37
Offences in relation to money laundering investigations	Drug Trafficking Act 1994, ss. 52, 53	As above
Practitioner contravening drug supply regulations	Misuse of Drugs Act 1971, ss. 12, 13	1971 c. 38
Cultivation of cannabis plant	Misuse of Drugs Act 1971, s.6	As above
Occupier knowingly permitting drugs offences etc.	Misuse of Drugs Act 1971, s.8	As above
Activities relating to opium	Misuse of Drugs Act 1971, s.9	As above
Drug trafficking offences at sea	Criminal Justice (International Co-operation) Act 1990, s.18	1990 c. 5
Firing on Revenue vessel	Customs and Excise Management Act 1979, s.85	1979 c. 2
Making or possession of explosive in suspicious circumstances	Explosive Substances Act 1883, s.4(1)	1883 c. 3
Causing bodily injury by explosives	Offences against the Person Act 1861, s.28	1861 c. 100
Using explosive or corrosives with intent to cause grievous bodily harm	Offences against the Person Act 1861, s.29	As above
Hostage taking	Taking of Hostages Act 1982, s.1	1982 c. 28
Offences against international protection of nuclear material	Nuclear Material (Offences) Act 1983, s.2	1983 c. 18
Placing explosives with intent to cause bodily injury	Offences against the Person act 1861, s.30	1861 c. 100
Membership of proscribed organisations	Terrorism Act 2000, s.11	2000 c. 11
Support or meeting of proscribed organisations	Terrorism Act 2000, s.12	As above
Uniform of proscribed organisations	Terrorism Act 2000, s.13	As above
Fund raising for terrorism	Terrorism Act 2000, s.15	As above
Other offences involving money or property to be used for terrorism	Terrorism Act 2000, ss.16-18	As above
Disclosure prejudicing, or interference of material relevant to, investigation of terrorism	Terrorism Act 2000, s.39	As above
Weapons training	Terrorism Act 2000, s.54	As above
Directing terrorist organisation	Terrorism Act 2000, s.56	As above
Possession of articles for terrorist purposes	Terrorism Act 2000, s.57	As above
Unlawful collection of information for terrorist purposes	Terrorism Act 2000, s.58	As above
Incitement of terrorism overseas	Terrorism Act 2000, s.59	As above
Concealing criminal property	Proceeds of Crime Act 2002, s.327	2002 c. 29
Involvement in arrangements facilitating the acquisition, retention, use or control of criminal property	Proceeds of Crime Act 2002, s.328	As above
Acquisition, use or possession of criminal property	Proceeds of Crime Act 2002, s.329	As above
Failure to disclose knowledge or suspicion of money laundering: regulated sector	Proceeds of Crime Act 2002, s.330	As above
Failure to disclose knowledge or suspicion of money laundering: nominated officers in the regulated sector	Proceeds of Crime Act 2002, s.331	As above
Failure to disclose knowledge or suspicion of money laundering: other nominated officers	Proceeds of Crime Act 2002, s.332	As above
Tipping off	Proceeds of Crime Act 2002, s.333	As above
Disclosure under sections 330, 331, 332 or 333 of the Proceeds of Crime Act 2002 otherwise than in the form and manner prescribed	Proceeds of Crime Act 2002, s.339(1A)	As above
Causing or allowing the death of a child	Domestic Violence, Crime and Victims Act 2004, s.5	2004 c. 28
Class C: Lesser offences involving violence or damage and less serious drugs offences
Racially aggravated assault	Crime and Disorder Act 1998, s.29(1)	1998 c. 37
Racially aggravated criminal damage	Crime and Disorder Act 1998, s.30(1)	As above
Robbery (other than armed robbery)	Theft Act 1968, s.8(1)	1968 c. 60
Unlawful wounding	Offences against the Person Act 1861, s.20	1861 c. 100
Assault occasioning actual bodily harm	Offences against the Person Act 1861, s.47	As above
Concealment of birth	Offences against the Person Act 1861, s.60	As above
Abandonment of children under two	Offences against the Person Act 1861, s.27	As above
Arson (other than aggravated arson) where value does not exceed £30,000	Criminal Damage Act 1971, s.1(3)	1971 c. 48
Criminal damage (other than aggravated criminal damage)	Criminal Damage Act 1971, s.1(1)	As above
Possession of firearm without certificate	Firearms Act 1968 s.1	1968 c. 27
Carrying loaded firearm in public place	Firearms Act 1968, s.19	As above
Trespassing with a firearm	Firearms Act 1968, s.20	As above
Shortening of shotgun or possession of shortened shotgun	Firearms Act 1968 s.4	As above
Shortening of smooth bore gun	Firearms Amendment Act 1988, s.6(1)	1988 c. 45
Possession or acquisition of shotgun without certificate	Firearms Act 1968, s.2	1968 c. 27
Possession of firearms by person convicted of crime	Firearms Act 1968, s.21(4)	As above
Acquisition by or supply of firearms to person denied them	Firearms Act 1968, s.21(5)	As above
Dealing in firearms	Firearms Act 1968, s.3	As above
Failure to comply with certificate when transferring firearm	Firearms Act 1968, s.42	As above
Permitting an escape	Common law
Rescue	Common law
Escape from lawful custody without force	Common law
Breach of prison	Common law
Harbouring escaped prisoners	Criminal Justice Act 1961, s.22	1961 c. 39
Assisting prisoners to escape	Prison Act 1952, s.39	1952 c. 52
Fraudulent evasion of agricultural levy	Customs and Excise Management Act 1979, s.68A(1) and (2)	1979 c. 2
Offender armed or disguised	Customs and Excise Management Act 1979, s.86	As above
Making threats to destroy or damage property	Criminal Damage Act 1971, s.2	1971 c. 48
Possessing anything with intent to destroy or damage property	Criminal Damage Act 1971, s.3	As above
Child abduction by connected person	Child Abduction Act 1984, s.1	1984 c. 37
Child abduction by other person	Child Abduction Act 1984, s.2	As above
Bomb hoax	Criminal Law Act 1977, s.51	1977 c. 45
Producing or supplying Class C drug	Misuse of Drugs Act 1971, s.4	1971 c. 38
Possession of a Class C drug with intent to supply	Misuse of Drugs Act 1971 s.5(3)	As above
Fraudulent evasion of controls on Class C drugs	Customs and Excise Management Act 1979, s.170(2)(b),(c)	1979 c. 2
Illegal importation of Class C drugs	Customs and Excise Management Act 1979, s.50	As above
Possession of Class A drug	Misuse of Drugs Act 1971, s.5(2)	1971 c. 38
Failure to disclose knowledge or suspicion of money laundering	Drug Trafficking Offences Act 1986, s.26B	1986 c. 32
Tipping off in relation to money laundering investigations	Drug Trafficking Offences Act 1986, s.26C	As above
Assaults on officers saving wrecks	Offences against the Person Act 1861, s.37	1861 c. 100
Attempting to injure or alarm the Sovereign	Treason Act 1842, s.2	1842 c. 51
Assisting illegal entry or harbouring persons	Immigration Act 1971, s.25	1971 c. 77
Administering poison with intent to injure etc.	Offences against the Person Act 1861, s.24	1861 c. 100
Neglecting to provide food for or assaulting servants etc.	Offences against the Person Act 1861, s.26	As above
Setting spring guns with intent to inflict grievous bodily harm	Offences against the Person Act 1861, s.31	As above
Supplying instrument etc. to cause miscarriage	Offences against the Person Act 1861, s.59	As above
Failure to disclose information about terrorism	Terrorism Act 2000, s.19	2000 c. 11
Circumcision of females	Prohibition of Female Circumcision Act 1985, s.1	1985 c. 38
Breaking or injuring submarine telegraph cables	Submarine Telegraph Act 1885, s.3	1885 c. 49
Failing to keep dogs under proper control resulting in injury	Dangerous Dogs Act 1991, s.3	1991 c. 65
Making gunpowder etc. to commit offences	Offences against the Person Act 1861, s.64	1861 c. 100
Stirring up racial hatred	Public Order Act 1986, ss.18-23	1986 c. 64
Class D: Sexual offences and offences against children
Administering drugs to obtain intercourse	Sexual Offences Act 1956, s.4	1956 c. 69
Procurement of a defective	Sexual Offences Act 1956, s.9	As above
Incest other than by man with a girl under 13	Sexual Offences Act 1956, s.10, 11	As above
Gross indecency between male of 21 or over and male under 16	Sexual Offences Act 1956, s.13	As above
Indecent assault on a woman	Sexual Offences Act 1956, s.14	As above
Indecent assault on a man	Sexual Offences Act 1956, s.15	As above
Abuse of position of trust	Sexual Offences (Amendment) Act 2000, s.3	2000 c. 44
Man living on earnings of prostitution	Sexual Offences Act 1956, s.30	1956 c. 69
Woman exercising control over prostitute	Sexual Offences Act 1956, s.31	As above
Living on earnings of male prostitution	Sexual Offences Act 1967, s.5	1967 c. 60
Incitement to commit incest	Criminal Law Act 1977, s.54	1977 c. 45
Ill-treatment of persons of unsound mind	Mental Health Act 1983, s.127	1983 c. 20
Abduction of unmarried girl under 18 from parent	Sexual Offences Act 1956, s.19	1956 c. 69
Abduction of defective from parent	Sexual Offences Act 1956, s.21	As above
Procuration of girl under 21	Sexual Offences Act 1956, s.23	As above
Permitting defective to use premises for intercourse	Sexual Offences Act 1956, s.27	As above
Causing or encouraging prostitution of defective	Sexual Offences Act 1956, s.29	As above
Sexual assault	Sexual Offences Act 2003, s.3	2003 c. 42
Causing sexual activity without penetration	Sexual Offences Act 2003, s.4	As above
Engaging in sexual activity in the presence of a child	Sexual Offences Act 2003, s.11	As above
Causing a child to watch a sexual act	Sexual Offences Act 2003, s.12	As above
Child sex offence committed by person under 18	Sexual Offences Act 2003, s.13	As above
Meeting child following sexual grooming	Sexual Offences Act 2003, s.15	As above
Abuse of trust: sexual activity with a child	Sexual Offences Act 2003, s.16	As above
Abuse of position of trust: causing a child to engage in sexual activity	Sexual Offences Act 2003, s.17	As above
Abuse of trust: sexual activity in the presence of a child	Sexual Offences Act 2003, s.18	As above
Abuse of position of trust: causing a child to watch sexual activity	Sexual Offences Act 2003, s.19	As above
Engaging in sexual activity in the presence of a person with a mental disorder	Sexual Offences Act 2003, s.32	As above
Causing a person with a mental disorder to watch a sexual act	Sexual Offences Act 2003, s.33	As above
Engaging in sexual activity in the presence of a person with a mental disorder	Sexual Offences Act 2003, s.36	As above
Causing a person with a mental disorder to watch a sexual act	Sexual Offences Act 2003, s.37	As above
Care workers: sexual activity in presence of a person with a mental disorder	Sexual Offences Act 2003, s.40	As above
Care workers: causing a person with a mental disorder to watch a sexual act	Sexual Offences Act 2003, s.41	As above
Causing or inciting prostitution for gain	Sexual Offences Act 2003, s.52	As above
Controlling prostitution for gain	Sexual Offences Act 2003, s.53	As above
Administering a substance with intent	Sexual Offences Act 2003, s.61	As above
Committing offence with intent to commit sexual offence	Sexual Offences Act 2003, s.62	As above
Trespass with intent to commit sexual offence	Sexual Offences Act 2003, s.63	As above
Sex with adult relative	Sexual Offences Act 2003, ss.64,65	As above
Exposure	Sexual Offences Act 2003, s.66	As above
Voyeurism	Sexual Offences Act 2003, s.67	As above
Intercourse with an animal	Sexual Offences Act 2003, s.69	As above
Sexual penetration of a corpse	Sexual Offences Act 2003, s.70	As above
Class E: Burglary etc.
Burglary (domestic)	Theft Act 1968, s.9(3)(a)	1968 c. 60
Going equipped to steal	Theft Act 1968, s.25	As above
Burglary (non-domestic)	Theft Act 1968, s.9(3)(b)	As above
Classes F G and K: Other offences of dishonesty
The following offences are always in Class F
Destruction of registers of birth etc.	Forgery Act 1861, s.36	1861 c. 98
Making false entries in copies of registers sent to the registrar	Forgery Act 1861, s.37	As above
Possession (with intention) of false identity documents	Identity Cards Act 2006, s.25(1)	2006 c. 15
Possession (with intention) of apparatus or material for making false identity documents	Identity Cards Act 2006, s.25(3)	As above
Possession (without reasonable excuse) of false identity documents or apparatus or material for making false identity documents	Identity Cards Act 2006, s.25(5)	As above
The following offences are always in Class G
Undischarged bankrupt being concerned in a company	Insolvency Act 1986, s.360	1986 c. 45
Counterfeiting notes and coins	Forgery and Counterfeiting Act 1981, s.14	1981 c. 45
Passing counterfeit notes and coins	Forgery and Counterfeiting Act 1981, s.15	As above
Offences involving custody or control of counterfeit notes and coins	Forgery and Counterfeiting Act 1981, s.16	As above
Making, custody or control of counterfeiting materials etc.	Forgery and Counterfeiting Act 1981, s.175	As above
Illegal importation: counterfeit notes or coins	Customs and Excise Management Act 1979, s.50	1979 c. 2
Fraudulent evasion: counterfeit notes or coins	Customs and Excise Management Act 1979, s.170(2)(b),(c)	As above
The following offences are in Class G if the value involved exceeds £30,000, Class K if the value exceeds £100,000 and in Class F otherwise
VAT offences	Value Added Tax Act 1994, s.72(1) to (8)	1994 c. 23
Fraudulent evasion of duty	Customs and Excise Management Act 1979, s.170(1)(b)	1979 c. 2
Theft	Theft Act 1968, s.1	1968 c. 60
Removal of articles from places open to the public	Theft Act 1968, s.11	As above
Abstraction of electricity	Theft Act 1968, s.13	As above
Obtaining property by deception	Theft Act 1968, s.15	As above
Obtaining pecuniary advantage by deception	Theft Act 1968, s.16	As above
False accounting	Theft Act 1968, s.17	As above
Handling stolen goods	Theft Act 1968, s.22	As above
Obtaining services by deception	Theft Act 1978, s.1	1978 c. 31
Evasion of liability by deception	Theft Act 1978, s.2	As above
Illegal importation: not elsewhere specified	Customs and Excise Management Act 1979, s.50	1979 c. 2
Counterfeiting Customs documents	Customs and Excise Management Act 1979, s.168	As above
Fraudulent evasion: not elsewhere specified	Customs and Excise Management Act 1979, s.170(2)(b),(c)	As above
Forgery	Forgery and Counterfeiting Act 1981, s.1	1981 c. 45
Copying false instrument with intent	Forgery and Counterfeiting Act 1981, s.2	As above
Using a false instrument	Forgery and Counterfeiting Act 1981, s.3	As above
Using a copy of a false instrument	Forgery and Counterfeiting Act 1981, s.4	As above
Custody of control of false instruments etc.	Forgery and Counterfeiting Act 1981, s.5	As above
Offences in relation to dies or stamps	Stamp Duties Management Act 1891, s.13	1891 c. 38
Counterfeiting of dies or marks	Hallmarking Act 1973, s.6	1973 c. 43
Fraud by false representation	Fraud Act 2006, s.2	2006 c. 35
Fraud by failing to disclose information	Fraud Act 2006, s.3	As above
Fraud by abuse of position	Fraud Act 2006, s.4	As above
Possession etc. of article for use in frauds	Fraud Act 2006, s.6	As above
Making or supplying articles for use in frauds	Fraud Act 2006, s.7	As above
Participation in fraudulent business carried on by a sole trader etc.	Fraud Act 2006, s.9	As above
Obtaining services dishonestly	Fraud Act 2006, s.11	As above
Class H: Miscellaneous other offences
[F59 Breach of a sexual harm prevention order or interim sexual harm prevention order	Sexual Offences Act 2003, s.103I	2003 c. 42]
[F59 Breach of a sexual risk order or interim sexual risk order	Sexual Offences Act 2003, s.122H	As above]
[F59 Breach of a criminal behaviour order	Anti-social Behaviour, Crime and Policing Act 2014, s.30	2014 c. 12]
Racially aggravated public order offence	Crime and Disorder Act 1998, s.31(1)	As above
Racially aggravated harassment/putting another in fear of violence	Crime and Disorder Act 1998, s.32(1)	As above
Having an article with a blade or point in a public place	Criminal Justice Act 1988, s.39	1988 c. 33
Breach of harassment injunction	Protection from Harassment Act 1997, s.3(6)	1997 c. 40
Putting people in fear of violence	Protection from Harassment Act 1997, s.4(1)	As above
Breach of restraining order	Protection from Harassment Act 1997, s.5(5)	As above
Being drunk on an aircraft	Air Navigation Order 2005, article 75	SI 2005/1970
Possession of offensive weapon	Prevention of Crime Act 1953, s.1	1953 c. 14
Affray	Public Order Act 1986, s.3	1986 c. 64
Assault with intent to resist arrest	Offences against the Person Act 1861, s.38	1861 c. 100
Unlawful eviction and harassment of occupier	Protection from Eviction Act 1977, s.1	1977 c. 43
Obscene articles intended for publication for gain	Obscene Publications Act 1964, s.1	1964 c. 74
Gross indecency between males (other than where one is 21 or over and the other is under 16)	Sexual Offences Act 1956, s.13	1956 c. 69
Solicitation for immoral purposes	Sexual Offences Act 1956, s.32	As above
Buggery of males of 16 or over otherwise than in private	Sexual Offences Act 1956, s.12	As above
Acts outraging public decency	Common law
Offences of publication of obscene matter	Obscene Publications Act 1959, s.2	1959 c. 66
Keeping a disorderly house	Common law: Disorderly Houses Act 1751, s.8	1751 c. 36
Indecent display	Indecent Displays (Control) Act 1981, s.1	1981 c. 42
Presentation of obscene performance	Theatres Act 1968, s.2	1968 c. 54
Procurement of intercourse by threats etc.	Sexual Offences Act 1956, s.2	1956 c. 69
Causing prostitution of women	Sexual Offences Act 1956, s.22	As above
Detention of woman in brothel or other premises	Sexual Offences Act 1956, s.24	As above
Procurement of a woman by false pretences	Sexual Offences Act 1956, s.3	As above
Procuring others to commit homosexual acts	Sexual Offences Act 1967, s.4	1967 c. 60
Trade description offences (9 offences)	Trade Descriptions Act 1968, ss.1, 8, 9, 12, 13, 14	1968 c. 29
Misconduct endangering ship or persons on board ship	Merchant Shipping Act 1970, s.27	1970 c. 36
Obstructing engine or carriage on railway	Malicious Damage Act 1861, s.36	1861 c. 97
Offences relating to the safe custody of controlled drugs	Misuse of Drugs Act 1971, s.11	1971 c. 38
Possession of Class B or Class C drug	Misuse of Drugs Act 1971, s.5(2)	As above
Wanton or furious driving	Offences against the Person Act 1861, s.35	1861 c. 100
Dangerous driving	Road Traffic Act 1988, s.2	1988 c. 52
Forgery and misuse of driving documents	Public Passenger Vehicles Act 1981, s.65	1981 c. 14
Forgery of driving documents	Road Traffic Act 1960, s.233	1960 c. 16
Forgery etc. of licences and other documents	Road Traffic Act 1988, s.173	1988 c. 52
Mishandling or falsifying parking documents etc.	Road Traffic Regulation Act 1984, s.115	1984 c. 27
Aggravated vehicle taking	Theft Act 1968, s.12A	1968 c. 60
Forgery, alteration, fraud of licences etc.	Vehicle Excise and Registration Act 1994, s.44	1994 c. 22
Making off without payment	Theft Act 1978, s.3	1978 c. 31
Agreeing to indemnify sureties	Bail Act 1976, s.9(1)	1976 c. 63
Sending prohibited articles by post	Post Office Act 1953, s.11	1953 c. 36
Impersonating Customs Officer	Customs and Excise Management Act 1979, s.13	1979 c. 2
Obstructing Customs Officer	Customs and Excise Management Act 1979, s.16	As above
Class I: Offences against public justice and similar offences
Conspiring to commit offences outside the United Kingdom	Criminal Justice (Terrorism and Conspiracy) Act 1998, s.5	1998 c. 40
Perverting the course of public justice	Common Law
Perjuries (7 offences)	Perjury Act 1911, ss.1 to 7(2)	1911 c. 6
Corrupt transactions with agents	Prevention of Corruption Act 1906, s.1	1906 c. 34
Corruption in public office	Public Bodies Corrupt Practices Act 1889, s.1	1889 c. 69
Embracery	Common law
Offences of bribing another person	Bribery Act 2010, s.1	2010 c. 23
Offences relating to being bribed	Bribery Act 2010, s.2	As above
Bribery of foreign public officials	Bribery Act 1010 s.6	As above
Fabrication of evidence with intent to mislead a tribunal	Common law
Personation of jurors	Common law
Concealing an arrestable offence	Criminal Law Act 1967, s.5	1967 c. 58
Assisting offenders	Criminal Law Act 1967, s.4(1)	As above
False evidence before European Court	European Communities Act 1972, s.11	1972 c. 68
Personating for purposes of bail etc.	Forgery Act 1861, s.34	1861 c. 98
Intimidating a witness, juror etc.	Criminal Justice and Public Order Act 1994, s.51(1)	1994 c. 33
Harming, threatening to harm a witness, juror etc.	Criminal Justice and Public Order Act 1994, s.51(2)	As above
Prejudicing a drug trafficking investigation	Drug Trafficking Act 1994, s.58(1)	1994 c. 37
Giving false statements to procure cremation	Cremation Act 1902, s.8(2)	1902 c. 8
False statement tendered under section 9 of the Criminal Justice Act 1967	Criminal Justice Act 1967, s.89	1967 c. 80
Making a false statement to obtain interim possession order	Criminal Justice and Public Order Act 1994, s.75(1)	1994 c. 33
Making false statement to resist making of interim possession order	Criminal Justice and Public Order Act 1994, s.75(2)	As above
False statement tendered under section 5B of the Magistrates' Courts Act 1980	Magistrates' Courts Act 1980, s.106	1980 c. 43
Making false statements to authorised officer	Trade Descriptions Act 1968, s. 29(2)	1968 c. 29
Class J: Serious sexual offences
Rape	Sexual Offences Act 1956, s.1(1)	1956 c. 69
Sexual intercourse with girl under 13	Sexual Offences Act 1956, s.5	As above
Sexual intercourse with girl under 16	Sexual Offences Act 1956, s.6	As above
Sexual intercourse with defective	Sexual Offences Act 1956, s.7	As above
Incest by man with a girl under 13	Sexual Offences Act 1956, s.10	As above
Buggery of person under 16	Sexual Offences Act 1956, s.12	As above
Indecency with children under 14	Indecency with Children Act 1960, s.1(1)	1960 c. 33
Taking, having etc. indecent photographs of children	Protection of Children Act 1978, s.1	1978 c. 37
Assault with intent to commit buggery	Sexual Offences Act 1956, s.16	1956 c. 69
Abduction of woman by force	Sexual Offences Act 1956, s.17	As above
Permitting girl under 13 to use premises for sexual intercourse	Sexual Offences Act 1956, s.25	As above
Allowing or procuring child under 16 to go abroad to perform	Children and Young Persons Act 1933, ss.25, 26	1933 c. 12
Sexual intercourse with patients	Mental Health Act 1959, s.128	1959 c. 72
Abduction of unmarried girl under 16 from parent	Sexual Offences Act 1956, s.20	1956 c. 69
Permitting girl under 16 to use premises for intercourse	Sexual Offences Act 1956, s.26	As above
Causing or encouraging prostitution of girl under 16	Sexual Offences Act 1956, s.28	As above
Rape	Sexual Offences Act 2003, s.1	2003 c. 42
Assault by penetration	Sexual Offences Act 2003, s.2	As above
Causing sexual activity with penetration	Sexual Offences Act 2003, s.4	As above
Rape of child under 13	Sexual Offences Act 2003, s.5	As above
Assault of child under 13 by penetration	Sexual Offences Act 2003, s.6	As above
Sexual assault of child under 13	Sexual Offences Act 2003, s.7	As above
Causing a child under 13 to engage in sexual activity	Sexual Offences Act 2003, s.8	As above
Sexual activity with a child	Sexual Offences Act 2003, s.9	As above
Causing a child to engage in sexual activity	Sexual Offences Act 2003, s.10	As above
Arranging child sex offence	Sexual Offences Act 2003, s.14	As above
Sexual activity with a child family member, with penetration	Sexual Offences Act 2003, s.25	As above
Inciting a child family member to engage in sexual activity	Sexual Offences Act 2003, s.26	As above
Sexual activity with a person with a mental disorder	Sexual Offences Act 2003, s.30	As above
Causing or inciting a person with a mental disorder to engage in sexual activity	Sexual Offences Act 2003, s.31	As above
Offering inducement to procure sexual activity with a person with a mental disorder	Sexual Offences Act 2003, s.34	As above
Inducing person with mental disorder to engage in sexual activity	Sexual Offences Act 2003, s.35	As above
Care workers: sexual activity with a person with a mental disorder	Sexual Offences Act 2003, s.38	As above
Care workers: inciting person with mental disorder to engage in sexual act	Sexual Offences Act 2003, s.39	As above
Paying for sexual services of a child	Sexual Offences Act 2003, s.47	As above
Causing or inciting child prostitution or pornography	Sexual Offences Act 2003, s.48	As above
Controlling a child prostitute	Sexual Offences Act 2003, s.49	As above
Facilitating child prostitution	Sexual Offences Act 2003, s.50	As above
Trafficking into UK for sexual exploitation	Sexual Offences Act 2003, s.57	As above
Trafficking within UK for sexual exploitation	Sexual Offences Act 2003, s.58	As above
Trafficking out of UK for sexual exploitation	Sexual Offences Act 2003, s.59	As above
[F60 Trafficking people for sexual exploitation	Sexual Offences Act 2003, s.59A	As above]
Class K: Other offences of dishonesty (high value)
Class K offences are listed under Classes F and G

Textual Amendments

F59 Words in Sch. 1 Pt. 7 substituted (23.3.2015) by The Civil and Criminal Legal Aid (Remuneration) (Amendment) Regulations 2015 (S.I. 2015/325), regs. 1, 3(3) (with reg. 4(1))

F60 Words in Sch. 1 Pt. 7 inserted (13.5.2013) by The Protection of Freedoms Act 2012 (Consequential Amendments) Order 2013 (S.I. 2013/862), art. 1(2), Sch. para. 3

Regulation 5

SCHEDULE 2 E+W Litigators' Graduated Fee Scheme

PART 1 E+W Definitions and Scope

Interpretation E+W

1.—(1) In this Schedule—

“case” means proceedings in the Crown Court against any one assisted person—

(a)

on one or more counts of a single indictment;

(b)

arising out of a single notice of appeal against conviction or sentence, or a single committal for sentence, whether on one or more charges; or

(c)

arising out of a single alleged breach of an order of the Crown Court,

and a case falling within paragraph (c) must be treated as a separate case from the proceedings in which the order was made;

“cracked trial” means a case on indictment in which—

(a)

a plea and case management hearing takes place and—

(i)

the case does not proceed to trial (whether by reason of pleas of guilty or for other reasons) or the prosecution offers no evidence; and

(ii)

either—

(aa)

in respect of one or more counts to which the assisted person pleaded guilty, the assisted person did not so plead at the plea and case management hearing; or

(bb)

in respect of one or more counts which did not proceed, the prosecution did not, before or at the plea and case management hearing, declare an intention of not proceeding with them; or

(b)

the case is listed for trial without a plea and case management hearing taking place;

“guilty plea” means a case on indictment which—

(a)

is disposed of without a trial because the assisted person pleaded guilty to one or more counts; and

(b)

is not a cracked trial;

“main hearing” means—

(a)

in relation to a case which goes to trial, the trial;

(b)

in relation to a guilty plea, the hearing at which pleas are taken or, where there is more than one such hearing, the last such hearing;

(c)

in relation to a cracked trial, the hearing at which—

(i)

the case becomes a cracked trial by meeting the conditions in the definition of a cracked trial, whether or not any pleas were taken at that hearing; or

(ii)

a formal verdict of not guilty was entered as a result of the prosecution offering no evidence, whether or not the parties attended the hearing;

(d)

in relation to an appeal against conviction or sentence in the Crown Court, the hearing of the appeal;

(e)

in relation to proceedings arising out of a committal for sentence in the Crown Court, the sentencing hearing; and

(f)

in relation to proceedings arising out of an alleged breach of an order of the Crown Court, the hearing at which those proceedings are determined;

“Newton Hearing” means a hearing at which evidence is heard for the purpose of determining the sentence of a convicted person in accordance with the principles of R v Newton (1982) 77 Cr App R 13;

“PPE Cut-off” means the minimum number of pages of prosecution evidence for use in calculating the fee payable to a litigator under this Schedule, as set out in the tables following paragraph 5(1) and (2).

(2) For the purposes of this Schedule, the number of pages of prosecution evidence served on the court must be determined in accordance with sub-paragraphs (3) to (5).

(3) The number of pages of prosecution evidence includes all—

(a) witness statements;

(b) documentary and pictorial exhibits;

(c) records of interviews with the assisted person; and

(d) records of interviews with other defendants,

which form part of the committal or served prosecution documents or which are included in any notice of additional evidence.

(4) Subject to sub-paragraph (5), a document served by the prosecution in electronic form is included in the number of pages of prosecution evidence.

(5) A documentary or pictorial exhibit which—

(a) has been served by the prosecution in electronic form; and

(b) has never existed in paper form,

is not included within the number of pages of prosecution evidence unless the appropriate officer decides that it would be appropriate to include it in the pages of prosecution evidence taking into account the nature of the document and any other relevant circumstances.

(6) In proceedings on indictment in the Crown Court initiated otherwise than by committal for trial, the appropriate officer must determine the number of pages of prosecution evidence in accordance with sub-paragraphs (2) to (5) or as nearly in accordance with those sub-paragraphs as possible as the nature of the case permits.

(7) A reference to the Table of Offences in this Schedule is to the Table of Offences in Part 7 of Schedule 1 and a reference to a Class of Offence in this Schedule is to the Class in which that offence is listed in the Table of Offences.

Application E+W

2.—(1) Subject to sub-paragraphs (2) to (7), this Schedule applies to—

(a) every case on indictment;

(b) the following proceedings in the Crown Court—

(i) an appeal against conviction or sentence from the magistrates' court;

(ii) a sentencing hearing following a committal for sentence to the Crown Court;

(iii) proceedings arising out of an alleged breach of an order of the Crown Court (whether or not this Schedule applies to the proceedings in which the order was made);

(c) a sentencing hearing following a case on indictment to which this Schedule applies, where sentence has been deferred under section 1 of the Powers of Criminal Courts (Sentencing) Act 2000 M26 (deferment of sentence);

(d) any other post-sentence hearing.

(2) Sub-paragraph (3) applies where proceedings are—

(a) sent for trial to the Crown Court; or

(b) transferred to the Crown Court under—

(i) section 4 of the Criminal Justice Act 1987 M27 (transfer of serious fraud cases); or

(ii) section 53 of the Criminal Justice Act 1991 M28 (transfer of certain cases involving children).

(3) Where, at any time after proceedings are sent or transferred to the Crown Court as referred to in sub-paragraph (2), they are—

(a) discontinued by a notice served under section 23A of the Prosecution of Offences Act 1985 M29 (discontinuance of proceedings after accused has been sent for trial); or

(b) dismissed pursuant to—

(i) paragraph 2 of Schedule 3 to the Crime and Disorder Act 1998 M30 (applications for dismissal);

(ii) section 6 of the Criminal Justice Act 1987 (applications for dismissal); or

(iii) paragraph 5 of Schedule 6 to the Criminal Justice Act 1991 (applications for dismissal),

the provisions of paragraphs 21 and 22 apply.

(4) Where, following a case on indictment, a Newton hearing takes place—

(a) for the purposes of this Schedule the case is to be treated as having gone to trial;

(b) the length of the trial is to be taken to be the combined length of the main hearing and the Newton hearing; and

(c) the provisions of this Schedule relating to cracked trials and guilty pleas will not apply.

(5) 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 sub-paragraph (3),

must be treated as a guilty plea.

(6) For the purposes of this Schedule, where a trial that is not a Very High Cost Case (in relation to fees claimed by litigators) lasts over 200 days, it must be treated as if it had lasted 200 days.

(7) For the purposes of this Schedule, where the number of pages of prosecution evidence in a case which is not a Very High Cost Case (in relation to fees claimed by litigators) exceeds—

(a) the PPE Cut-off figure specified in the table following paragraph 5(2) as appropriate to the offence for which the assisted person is to be tried and the length of trial; and

(b) 10,000,

the case must be treated as though it had 10,000 pages of prosecution evidence.

Marginal Citations

M26 2000 c. 6.

M27 1987 c. 38. Section 4 was repealed by the Criminal Justice Act 2003 (c. 44), sections 41, 332, Schedule 3, Part 2, Paragraphs 58(1) and (2) and Schedule 37, Part 4, which repeal is in force for certain purposes and will take effect in full from a date to be appointed.

M28 1991 c. 53. Section 53 was repealed by the Criminal Justice Act 2003 (c. 44), sections 41, 332, Schedule 3, Part 2, Paragraphs 62(1) and (2) and Schedule 37, Part 4, which repeal is in force for certain purposes and will take effect in full from a date to be appointed

M29 1985 c. 23. Section 23A was inserted by section 119 of the Crime and Disorder Act 1998 (c. 37).

M30 1998 c. 37.

Class of Offences E+W

3.—(1) For the purposes of this Schedule—

(a) every indictable offence falls within the Class under which it is listed in the Table of Offences and, subject to sub-paragraph (2), indictable offences not specifically so listed are deemed to fall within Class H;

(b) conspiracy to commit an indictable offence contrary to section 1 of the Criminal Law Act 1977 M31 (the offence of conspiracy), incitement to commit an indictable offence and attempts to commit an indictable offence contrary to section 1 of the Criminal Attempts Act 1981 M32 (attempting to commit an offence) fall within the same Class as the substantive offence to which they relate;

(c) where the Table of Offences specifies that the Class within which an offence falls depends on whether the value involved exceeds a stated limit, the value must be presumed not to exceed that limit unless the litigator making the claim under regulation 5 proves otherwise to the satisfaction of the appropriate officer;

(d) where more than one count of the indictment is for an offence in relation to which the Class depends on the value involved, that value must be taken to be the total value involved in all those offences, but where two or more counts relate to the same property, the value of that property must be taken into account once only;

(e) where an entry in the Table of Offences specifies an offence as being contrary to a statutory provision, then subject to any express limitation in the entry that entry includes every offence contrary to that statutory provision whether or not the words of description in the entry are appropriate to cover all such offences;

(f) where in a case on indictment there is a hearing to determine the question of whether an assisted person is unfit to plead or unfit to stand trial, the litigator must elect whether that hearing falls within the same Class as the indictable offence to which it relates or within Class D;

(g) where in a case on indictment a restriction order is made under section 41 of the Mental Health Act 1983 M33 (power of higher courts to restrict discharge from hospital), the offence falls within Class A, regardless of the Class under which the offence would be listed in the Table of Offences, but for this paragraph.

(2) Where a litigator in proceedings in the Crown Court is dissatisfied with the classification within Class H of an indictable offence not listed in the Table of Offences, the litigator may apply to the appropriate officer, when lodging the claim for fees, to reclassify the offence.

(3) The appropriate officer must, in light of the objections made by the litigator—

(a) confirm the classification of the offence within Class H; or

(b) reclassify the offence,

and must notify the litigator of the decision.

Marginal Citations

M31 1977 c. 45.

M32 1981 c. 47.

M33 1983 c. 20.

PART 2 E+W Graduated Fees for Guilty Pleas, Cracked Trials and Trials

Scope E+W

[F61 4.— (1) Subject to sub-paragraph (2) and to paragraph 21, this Part does not apply to a guilty plea or cracked trial in a case committed or sent for trial to the Crown Court on the election of a defendant where the magistrates’ court has determined the case to be suitable for summary trial.

(2) This Part applies in all cases where the trial is a cracked trial because the prosecution offer no evidence on all counts against a defendant and the judge directs that a not guilty verdict be entered.]

Textual Amendments

F61 Sch. 2 para. 4 substituted (2.10.2014) by The Criminal Legal Aid (Remuneration) (Amendment) (No.2) Regulations 2014 (S.I. 2014/2422), regs. 1(1), 2(7)(a) (with reg. 3)

Pages of Prosecution Evidence E+W

5.—(1) For the purposes of this Part, the PPE Cut-off figures in a cracked trial or guilty plea are specified in the table following this sub-paragraph, as appropriate to the offence with which the assisted person is charged.

PPE Cut-off figures in cracked trials and guilty pleas

	Class of Offence
Type of case	A	B	C	D	E	F	G	H	I	J	K
Cracked trial or guilty plea	80	70	40	80	40	50	50	40	40	80	120

(2) For the purposes of this Part, the PPE Cut-off figures in a trial are specified in the table following this sub-paragraph, as appropriate to the offence for which the assisted person is tried and the length of trial.

PPE Cut-off figures in trials

Trial length in days	PPE Cut off	PPE Cut off	PPE Cut off	PPE Cut off	PPE Cut off	PPE Cut off	PPE Cut off	PPE Cut off	PPE Cut off	PPE Cut off	PPE Cut off
	A	B	C	D	E	F	G	H	I	J	K
1	80	70	40	80	40	50	50	40	40	80	120
2	80	70	40	80	40	50	50	40	40	80	120
3	95	105	81	95	120	138	138	122	134	95	186
4	126	139	120	126	158	173	173	157	185	126	252
5	156	170	157	156	195	206	206	191	232	156	314
6	186	203	193	186	229	240	240	225	281	186	372
7	218	238	230	218	265	276	276	260	329	218	433
8	257	274	267	257	301	310	310	301	376	257	495
9	293	306	301	293	333	342	342	338	420	293	550
10	330	338	339	330	365	373	373	374	464	330	606
11	367	370	378	367	399	405	405	412	509	367	663
12	404	402	417	404	433	437	437	449	554	404	721
13	440	434	455	440	467	470	470	486	598	440	779
14	477	465	493	477	500	501	501	523	642	477	836
15	514	497	531	514	532	533	533	559	686	514	894
16	551	535	569	551	565	564	564	596	730	551	951
17	587	573	607	587	598	596	596	637	774	587	1,007
18	624	611	646	624	646	627	627	687	818	624	1,063
19	661	649	684	661	696	659	659	736	862	661	1,119
20	697	687	722	697	746	690	690	786	907	697	1,174
21	742	722	753	742	787	720	720	826	943	742	1,230
22	786	757	785	786	828	752	752	867	980	786	1,286
23	830	792	819	830	868	784	784	908	1,017	830	1,341
24	874	826	857	874	908	816	816	948	1,053	874	1,396
25	917	860	894	917	948	848	848	988	1,088	917	1,451
26	961	895	931	961	988	880	880	1,028	1,124	961	1,505
27	1,005	935	967	1,005	1,028	912	912	1,068	1,160	1,005	1,560
28	1,049	975	1,004	1,049	1,068	944	944	1,107	1,196	1,049	1,615
29	1,099	1,016	1,041	1,099	1,108	976	976	1,147	1,231	1,099	1,670
30	1,150	1,057	1,077	1,150	1,148	1,007	1,007	1,187	1,267	1,150	1,725
31	1,200	1,098	1,114	1,200	1,188	1,039	1,039	1,226	1,303	1,200	1,780
32	1,251	1,138	1,151	1,251	1,228	1,070	1,070	1,266	1,349	1,251	1,835
33	1,301	1,179	1,187	1,301	1,268	1,102	1,102	1,307	1,394	1,301	1,889
34	1,352	1,220	1,224	1,352	1,308	1,133	1,133	1,357	1,439	1,352	1,944
35	1,402	1,261	1,262	1,402	1,347	1,165	1,165	1,407	1,485	1,402	1,999
36	1,453	1,302	1,303	1,453	1,435	1,196	1,196	1,457	1,530	1,453	2,054
37	1,503	1,348	1,345	1,503	1,526	1,228	1,228	1,507	1,575	1,503	2,109
38	1,554	1,395	1,386	1,554	1,617	1,259	1,259	1,557	1,621	1,554	2,164
39	1,604	1,441	1,428	1,604	1,708	1,291	1,291	1,607	1,666	1,604	2,219
40	1,652	1,484	1,444	1,652	1,745	1,314	1,314	1,629	1,704	1,652	2,271
41	1,700	1,527	1,461	1,700	1,782	1,338	1,338	1,651	1,742	1,700	2,324
42	1,748	1,570	1,477	1,748	1,820	1,361	1,361	1,673	1,780	1,748	2,377
43	1,796	1,613	1,494	1,796	1,857	1,384	1,384	1,695	1,818	1,796	2,430
44	1,844	1,656	1,511	1,844	1,895	1,410	1,410	1,716	1,856	1,844	2,483
45	1,892	1,699	1,527	1,892	1,932	1,440	1,440	1,738	1,894	1,892	2,536
46	1,939	1,742	1,544	1,939	1,970	1,470	1,470	1,760	1,932	1,939	2,589
47	1,987	1,785	1,560	1,987	2,007	1,501	1,501	1,782	1,970	1,987	2,642
48	2,039	1,828	1,577	2,039	2,045	1,531	1,531	1,804	2,008	2,039	2,695
49	2,091	1,871	1,594	2,091	2,082	1,561	1,561	1,826	2,046	2,091	2,749
50	2,144	1,914	1,610	2,144	2,120	1,591	1,591	1,848	2,084	2,144	2,802
51	2,196	1,957	1,627	2,196	2,158	1,622	1,622	1,870	2,122	2,196	2,855
52	2,249	2,000	1,644	2,249	2,195	1,652	1,652	1,892	2,160	2,249	2,908
53	2,301	2,043	1,660	2,301	2,233	1,682	1,682	1,914	2,198	2,301	2,962
54	2,354	2,086	1,677	2,354	2,271	1,712	1,712	1,936	2,236	2,354	3,015
55	2,406	2,129	1,694	2,406	2,308	1,743	1,743	1,958	2,275	2,406	3,068
56	2,459	2,172	1,710	2,459	2,346	1,773	1,773	1,980	2,313	2,459	3,121
57	2,512	2,215	1,727	2,512	2,384	1,803	1,803	2,002	2,351	2,512	3,175
58	2,564	2,258	1,744	2,564	2,422	1,833	1,833	2,024	2,389	2,564	3,228
59	2,617	2,301	1,760	2,617	2,459	1,864	1,864	2,046	2,427	2,617	3,281
60	2,669	2,345	1,777	2,669	2,497	1,894	1,894	2,068	2,465	2,669	3,335
61	2,722	2,388	1,794	2,722	2,535	1,924	1,924	2,090	2,503	2,722	3,388
62	2,775	2,431	1,811	2,775	2,572	1,959	1,959	2,112	2,542	2,775	3,442
63	2,827	2,474	1,827	2,827	2,610	2,020	2,020	2,134	2,580	2,827	3,495
64	2,880	2,517	1,844	2,880	2,648	2,081	2,081	2,156	2,618	2,880	3,549
65	2,933	2,561	1,861	2,933	2,686	2,141	2,141	2,178	2,656	2,933	3,602
66	2,985	2,604	1,877	2,985	2,723	2,202	2,202	2,200	2,694	2,985	3,656
67	3,038	2,647	1,894	3,038	2,761	2,263	2,263	2,222	2,776	3,038	3,709
68	3,091	2,690	1,911	3,091	2,799	2,323	2,323	2,244	2,865	3,091	3,763
69	3,144	2,734	1,927	3,144	2,836	2,384	2,384	2,266	2,954	3,144	3,816
70	3,196	2,777	1,944	3,196	2,874	2,445	2,445	2,288	3,043	3,196	3,870
71	3,249	2,820	1,961	3,249	2,912	2,506	2,506	2,310	3,132	3,249	3,923
72	3,302	2,864	1,978	3,302	2,950	2,566	2,566	2,332	3,221	3,302	3,977
73	3,355	2,907	1,994	3,355	2,987	2,627	2,627	2,354	3,310	3,355	4,031
74	3,407	2,950	2,016	3,407	3,025	2,688	2,688	2,376	3,399	3,407	4,084
75	3,460	2,994	2,040	3,460	3,063	2,749	2,749	2,398	3,488	3,460	4,138
76	3,513	3,037	2,064	3,513	3,101	2,809	2,809	2,420	3,577	3,513	4,192
77	3,566	3,080	2,089	3,566	3,138	2,870	2,870	2,442	3,666	3,566	4,245
78	3,619	3,124	2,113	3,619	3,176	2,931	2,931	2,464	3,755	3,619	4,299
79	3,672	3,167	2,137	3,672	3,214	2,992	2,992	2,486	3,844	3,672	4,353
80	3,724	3,211	2,161	3,724	3,251	3,052	3,052	2,508	3,933	3,724	4,406
81	3,777	3,254	2,185	3,777	3,289	3,113	3,113	2,530	4,023	3,777	4,460
82	3,830	3,297	2,210	3,830	3,327	3,174	3,174	2,552	4,112	3,830	4,514
83	3,883	3,341	2,234	3,883	3,365	3,235	3,235	2,575	4,201	3,883	4,568
84	3,936	3,384	2,258	3,936	3,402	3,295	3,295	2,597	4,290	3,936	4,622
85	3,989	3,428	2,282	3,989	3,440	3,356	3,356	2,619	4,379	3,989	4,675
86	4,042	3,471	2,307	4,042	3,478	3,417	3,417	2,641	4,469	4,042	4,729
87	4,095	3,515	2,331	4,095	3,516	3,478	3,478	2,663	4,558	4,095	4,783
88	4,148	3,558	2,355	4,148	3,553	3,539	3,539	2,685	4,647	4,148	4,837
89	4,201	3,602	2,379	4,201	3,591	3,599	3,599	2,707	4,737	4,201	4,891
90	4,254	3,645	2,404	4,254	3,629	3,660	3,660	2,729	4,826	4,254	4,945
91	4,307	3,689	2,428	4,307	3,666	3,721	3,721	2,751	4,915	4,307	4,999
92	4,360	3,733	2,452	4,360	3,704	3,782	3,782	2,774	5,005	4,360	5,053
93	4,413	3,776	2,477	4,413	3,742	3,843	3,843	2,796	5,094	4,413	5,107
94	4,466	3,820	2,501	4,466	3,780	3,903	3,903	2,818	5,183	4,466	5,161
95	4,519	3,863	2,525	4,519	3,817	3,964	3,964	2,840	5,273	4,519	5,215
96	4,572	3,907	2,549	4,572	3,855	4,025	4,025	2,862	5,362	4,572	5,269
97	4,625	3,951	2,574	4,625	3,893	4,086	4,086	2,884	5,452	4,625	5,323
98	4,679	3,994	2,598	4,679	3,930	4,147	4,147	2,906	5,541	4,679	5,377
99	4,732	4,038	2,622	4,732	3,968	4,207	4,207	2,929	5,631	4,732	5,431
100	4,785	4,082	2,647	4,785	4,006	4,268	4,268	2,951	5,720	4,785	5,485
101	4,838	4,125	2,671	4,838	4,044	4,329	4,329	2,973	5,810	4,838	5,539
102	4,891	4,169	2,695	4,891	4,081	4,390	4,390	2,995	5,899	4,891	5,593
103	4,944	4,213	2,720	4,944	4,119	4,451	4,451	3,032	5,989	4,944	5,647
104	4,997	4,257	2,744	4,997	4,157	4,512	4,512	3,073	6,079	4,997	5,702
105	5,051	4,300	2,768	5,051	4,195	4,573	4,573	3,114	6,168	5,051	5,756
106	5,104	4,344	2,793	5,104	4,232	4,633	4,633	3,155	6,258	5,104	5,810
107	5,157	4,388	2,817	5,157	4,270	4,694	4,694	3,196	6,348	5,157	5,864
108	5,210	4,432	2,841	5,210	4,308	4,755	4,755	3,237	6,437	5,210	5,918
109	5,264	4,475	2,866	5,264	4,345	4,816	4,816	3,278	6,527	5,264	5,973
110	5,317	4,519	2,890	5,317	4,383	4,877	4,877	3,319	6,617	5,317	6,027
111	5,370	4,563	2,914	5,370	4,421	4,938	4,938	3,361	6,706	5,370	6,081
112	5,423	4,607	2,939	5,423	4,459	4,999	4,999	3,402	6,796	5,423	6,135
113	5,477	4,650	2,963	5,477	4,496	5,059	5,059	3,443	6,886	5,477	6,189
114	5,530	4,694	2,987	5,530	4,534	5,120	5,120	3,484	6,976	5,530	6,244
115	5,583	4,738	3,012	5,583	4,572	5,181	5,181	3,525	7,066	5,583	6,298
116	5,637	4,782	3,036	5,637	4,610	5,242	5,242	3,566	7,155	5,637	6,352
117	5,690	4,826	3,060	5,690	4,647	5,303	5,303	3,607	7,245	5,690	6,406
118	5,743	4,869	3,085	5,743	4,685	5,364	5,364	3,648	7,335	5,743	6,460
119	5,797	4,913	3,109	5,797	4,723	5,425	5,425	3,689	7,425	5,797	6,514
120	5,850	4,957	3,133	5,850	4,760	5,486	5,486	3,730	7,515	5,850	6,569
121	5,904	5,001	3,158	5,904	4,798	5,547	5,547	3,771	7,605	5,904	6,623
122	5,956	5,044	3,182	5,956	4,836	5,607	5,607	3,812	7,693	5,956	6,677
123	6,009	5,088	3,206	6,009	4,874	5,668	5,668	3,853	7,782	6,009	6,731
124	6,061	5,131	3,230	6,061	4,911	5,729	5,729	3,895	7,871	6,061	6,785
125	6,114	5,175	3,254	6,114	4,949	5,789	5,789	3,936	7,959	6,114	6,839
126	6,167	5,218	3,278	6,167	4,987	5,850	5,850	3,977	8,048	6,167	6,892
127	6,219	5,261	3,302	6,219	5,025	5,911	5,911	4,017	8,137	6,219	6,945
128	6,272	5,304	3,326	6,272	5,062	5,971	5,971	4,058	8,225	6,272	6,999
129	6,324	5,347	3,350	6,324	5,100	6,032	6,032	4,098	8,314	6,324	7,052
130	6,377	5,390	3,374	6,377	5,138	6,093	6,093	4,139	8,403	6,377	7,106
131	6,430	5,433	3,398	6,430	5,175	6,153	6,153	4,179	8,491	6,430	7,159
132	6,482	5,476	3,422	6,482	5,213	6,214	6,214	4,219	8,580	6,482	7,212
133	6,535	5,520	3,446	6,535	5,251	6,274	6,274	4,260	8,669	6,535	7,266
134	6,588	5,563	3,470	6,588	5,289	6,335	6,335	4,300	8,757	6,588	7,319
135	6,640	5,606	3,494	6,640	5,326	6,396	6,396	4,341	8,846	6,640	7,373
136	6,693	5,649	3,518	6,693	5,364	6,456	6,456	4,381	8,935	6,693	7,426
137	6,745	5,692	3,542	6,745	5,402	6,517	6,517	4,422	9,023	6,745	7,479
138	6,798	5,735	3,566	6,798	5,439	6,578	6,578	4,462	9,112	6,798	7,533
139	6,851	5,778	3,590	6,851	5,477	6,638	6,638	4,503	9,201	6,851	7,586
140	6,903	5,821	3,614	6,903	5,515	6,699	6,699	4,543	9,289	6,903	7,639
141	6,956	5,864	3,638	6,956	5,553	6,760	6,760	4,584	9,378	6,956	7,693
142	7,008	5,908	3,662	7,008	5,590	6,820	6,820	4,624	9,467	7,008	7,746
143	7,061	5,951	3,686	7,061	5,628	6,881	6,881	4,664	9,555	7,061	7,800
144	7,114	5,994	3,709	7,114	5,666	6,942	6,942	4,705	9,644	7,114	7,853
145	7,166	6,037	3,733	7,166	5,704	7,002	7,002	4,745	9,733	7,166	7,906
146	7,219	6,080	3,757	7,219	5,741	7,063	7,063	4,786	9,821	7,219	7,960
147	7,272	6,123	3,781	7,272	5,779	7,124	7,124	4,826	9,910	7,272	8,013
148	7,324	6,166	3,805	7,324	5,817	7,184	7,184	4,867	9,999	7,324	8,067
149	7,377	6,209	3,829	7,377	5,854	7,245	7,245	4,907	10,087	7,377	8,120
150	7,429	6,252	3,853	7,429	5,892	7,305	7,305	4,948	10,176	7,429	8,173
151	7,482	6,296	3,877	7,482	5,930	7,366	7,366	4,988	10,265	7,482	8,227
152	7,535	6,339	3,901	7,535	5,968	7,427	7,427	5,029	10,353	7,535	8,280
153	7,587	6,382	3,925	7,587	6,005	7,487	7,487	5,069	10,442	7,587	8,333
154	7,640	6,425	3,949	7,640	6,043	7,548	7,548	5,110	10,531	7,640	8,387
155	7,692	6,468	3,973	7,692	6,081	7,609	7,609	5,150	10619	7,692	8,440
156	7,745	6,511	3,997	7,745	6,119	7,669	7,669	5,190	10,708	7,745	8,494
157	7,798	6,554	4,021	7,798	6,156	7,730	7,730	5,231	10,797	7,798	8,547
158	7,850	6,597	4,045	7,850	6,194	7,791	7,791	5,271	10,885	7,850	8,600
159	7,903	6,641	4,069	7,903	6,232	7,851	7,851	5,312	10,974	7,903	8,654
160	7,956	6,684	4,093	7,956	6,269	7,912	7,912	5,352	11,063	7,956	8,707
161	8,008	6,727	4,117	8,008	6,307	7,973	7,973	5,393	11,151	8,008	8,760
162	8,061	6,770	4,141	8,061	6,345	8,033	8,033	5,433	11,240	8,061	8,814
163	8,113	6,813	4,165	8,113	6,383	8,094	8,094	5,474	11,329	8,113	8,867
164	8,166	6,856	4,189	8,166	6,420	8,155	8,155	5,514	11,417	8,166	8,921
165	8,219	6,899	4,213	8,219	6,458	8,215	8,215	5,555	11,506	8,219	8,974
166	8,271	6,942	4,237	8,271	6,496	8,276	8,276	5,595	11,595	8,271	9,027
167	8,324	6,985	4,261	8,324	6,534	8,337	8,337	5,636	11,683	8,324	9,081
168	8,376	7,029	4,285	8,376	6,571	8,397	8,397	5,676	11,772	8,376	9,134
169	8,429	7,072	4,309	8,429	6,609	8,458	8,458	5,716	11,861	8,429	9,188
170	8,482	7,115	4,333	8,482	6,647	8,518	8,518	5,757	11,949	8,482	9,241
171	8,534	7,158	4,357	8,534	6,684	8,579	8,579	5,797	12,038	8,534	9,294
172	8,587	7,201	4,380	8,587	6,722	8,640	8,640	5,838	12,127	8,587	9,348
173	8,639	7,244	4,404	8,639	6,760	8,700	8,700	5,878	12,215	8,639	9,401
174	8,692	7,287	4,428	8,692	6,798	8,761	8,761	5,919	12,304	8,692	9,454
175	8,745	7,330	4,452	8,745	6,835	8,822	8,822	5,959	12,393	8,745	9,508
176	8,797	7,373	4,476	8,797	6,873	8,882	8,882	6,000	12,481	8,797	9,561
177	8,850	7,417	4,500	8,850	6,911	8,943	8,943	6,040	12,570	8,850	9,615
178	8,903	7,460	4,524	8,903	6,948	9,004	9,004	6,081	12,659	8,903	9,668
179	8,955	7,503	4,548	8,955	6,986	9,064	9,064	6,121	12,747	8,955	9,721
180	9,008	7,546	4,572	9,008	7,024	9,125	9,125	6,162	12,836	9,008	9,775
181	9,060	7,589	4,596	9,060	7,062	9,186	9,186	6,202	12,925	9,060	9,828
182	9,113	7,632	4,620	9,113	7,099	9,246	9,246	6,242	13,013	9,113	9,881
183	9,166	7,675	4,644	9,166	7,137	9,307	9,307	6,283	13,102	9,166	9,935
184	9,218	7,718	4,668	9,218	7,174	9,368	9,368	6,323	13,191	9,218	9,988
185	9,271	7,762	4,692	9,271	7,211	9,428	9,428	6,364	13,279	9,271	10,042
186	9,323	7,805	4,716	9,323	7,248	9,489	9,489	6,404	13,368	9,323	10,095
187	9,376	7,848	4,740	9,376	7,285	9,549	9,549	6,445	13,457	9,376	10,148
188	9,429	7,891	4,764	9,429	7,322	9,610	9,610	6,485	13,545	9,429	10,202
189	9,481	7,934	4,788	9,481	7,360	9,671	9,671	6,526	13,634	9,481	10,255
190	9,534	7,977	4,812	9,534	7,397	9,731	9,731	6,566	13,723	9,534	10,309
191	9,587	8,020	4,836	9,587	7,434	9,792	9,792	6,607	13,811	9,587	10,362
192	9,639	8,063	4,860	9,639	7,471	9,853	9,853	6,647	13,900	9,639	10,415
193	9,692	8,106	4,884	9,692	7,508	9,913	9,913	6,687	13,988	9,692	10,469
194	9,744	8,150	4,908	9,744	7,545	9,974	9,974	6,728	14,077	9,744	10,522
195	9,797	8,193	4,932	9,797	7,582	10,035	10,035	6,768	14,166	9,797	10,575
196	9,850	8,236	4,956	9,850	7,620	10,095	10,095	6,809	14,254	9,850	10,629
197	9,902	8,279	4,980	9,902	7,657	10,156	10,156	6,849	14,343	9,902	10,682
198	9,955	8,322	5,004	9,955	7,694	10,217	10,217	6,890	14,432	9,955	10,736
199	10,007	8,365	5,028	10,007	7,731	10,277	10,277	6,930	14,520	10,007	10,789
200	10,060	8,408	5,051	10,060	7,768	10,338	10,338	6,971	14,609	10,060	10,842

Cracked trial or guilty plea where the number of pages of prosecution evidence is less than or equal to the PPE Cut-off E+W

6.—(1) Where in a cracked trial or guilty plea the number of pages of prosecution evidence is less than or equal to the PPE Cut-off specified in the table following paragraph 5(1) as appropriate to the Class of Offence with which the assisted person is charged, the total fee payable to the litigator is—

(a) the basic fee, calculated in accordance with the table following sub-paragraph (2) of this paragraph;

(b) the defendant uplift, if any, calculated in accordance with the table following paragraph 12; and

(c) the adjustment for transfers and retrials, if any, calculated in accordance with paragraph 13.

(2) For the purposes of sub-paragraph (1), the basic fee appropriate to a cracked trial or a guilty plea is specified in the table following this sub-paragraph, in accordance with the type of case and Class of Offence with which the assisted person is charged.

Basic fees for cracked trials and guilty pleas (£)

	[F62 Class of Offence
Type of case	A	B	C	D	E	F	G	H	I	J	K
Cracked trial	817.84	641.15	474.52	776.94	210.69	202.72	202.72	214.28	229.35	817.84	699.66
Guilty plea	615.14	502.79	400.44	584.38	166.99	177.04	177.04	172.66	157.86	615.14	579.39]

Textual Amendments

F62 Sch. 2 para. 6(2) table substituted (1.7.2015) by The Criminal Legal Aid (Remuneration etc.) (Amendment) Regulations 2015 (S.I. 2015/1369), reg. 1(2)(a), Sch. 1 para. 1 (with reg. 2(1))

Trial where the number of pages of prosecution evidence is less than or equal to the PPE Cut-off E+W

7.—(1) Where in a trial the number of pages of prosecution evidence is less than or equal to the PPE Cut-off specified in the table following paragraph 5(2)  as appropriate to the offence for which the assisted person is tried and the length of trial, the total fee payable to the litigator is—

(a) the basic fee, calculated in accordance with the table following sub-paragraph (2);

(b) the length of trial proxy, if any, calculated in accordance with the table following sub-paragraph (3);

(c) the defendant uplift, if any, calculated in accordance with the table following paragraph 12; and

(d) the adjustment for transfers and retrials, if any, calculated in accordance with paragraph 13.

(2) For the purposes of sub-paragraph (1), the basic fee appropriate to a trial is specified in the table following this sub-paragraph, in accordance with the offence for which the assisted person is tried.

Basic fees for trials (£)

	[F63 Class of Offence
Type of case	A	B	C	D	E	F	G	H	I	J	K
Trial	1,326.86	992.41	668.67	1,260.51	318.90	323.31	323.31	323.44	323.17	1,326.86	932.88]

(3) For the purposes of sub-paragraph (1), the length of trial proxy is specified in the table following this sub-paragraph, in accordance with the offence for which the assisted person is tried and the length of trial.

Length of Trial Proxy

[F64 Trial Length in Days	Trial length proxy A	Trial length proxy B	Trial length proxy C	Trial length proxy D	Trial length proxy E	Trial length proxy F	Trial length proxy G	Trial length proxy H	Trial length proxy I	Trial length proxy J	Trial length proxy K
1	0	0	0	0	0	0	0	0	0	0	0
2	0	0	0	0	0	0	0	0	0	0	0
3	228.33	409.46	391.03	216.92	647.86	583.09	583.09	636.22	779.69	228.33	519.07
4	695.97	795.30	762.47	661.17	934.54	812.58	812.58	912.99	1,194.26	695.97	1,031.25
5	1,140.22	1,161.86	1,115.32	1,083.22	1,206.86	1,030.60	1,030.60	1,175.92	1,588.10	1,140.22	1,517.83
6	1,592.29	1,533.35	1,465.74	1,512.69	1,462.04	1,253.49	1,253.49	1,436.68	1,989.58	1,592.29	1,971.90
7	2,037.74	1,900.64	1,818.19	1,935.86	1,731.77	1,476.26	1,476.26	1,699.29	2,384.72	2,037.74	2,453.09
8	2,483.19	2,267.90	2,170.65	2,359.04	2,001.51	1,695.43	1,695.43	1,961.89	2,779.86	2,483.19	2,934.27
9	2,903.03	2,598.44	2,487.85	2,757.88	2,244.26	1,892.71	1,892.71	2,198.24	3,140.36	2,903.03	3,367.34
10	3,322.86	2,929.00	2,805.06	3,156.71	2,487.04	2,089.97	2,089.97	2,434.58	3,500.86	3,322.86	3,800.40
11	3,745.81	3,259.99	3,130.87	3,558.52	2,740.96	2,292.87	2,292.87	2,677.41	3,868.71	3,745.81	4,252.92
12	4,165.90	3,590.57	3,456.83	3,957.61	2,994.95	2,495.77	2,495.77	2,919.95	4,236.85	4,165.90	4,705.71
13	4,585.99	3,921.14	3,775.38	4,356.69	3,248.60	2,697.85	2,697.85	3,157.22	4,598.55	4,585.99	5,158.52
14	5,006.08	4,251.73	4,093.92	4,755.79	3,494.44	2,896.17	2,896.17	3,394.49	4,960.24	5,006.08	5,611.30
15	5,426.17	4,582.31	4,412.47	5,154.86	3,739.54	3,094.48	3,094.48	3,631.77	5,321.93	5,426.17	6,064.06
16	5,846.26	4,912.89	4,731.01	5,553.95	3,984.64	3,292.81	3,292.81	3,869.04	5,683.61	5,846.26	6,516.10
17	6,266.35	5,243.48	5,049.56	5,953.04	4,229.74	3,491.14	3,491.14	4,106.31	6,045.30	6,266.35	6,956.09
18	6,686.44	5,574.05	5,368.10	6,352.12	4,474.84	3,689.46	3,689.46	4,343.58	6,406.99	6,686.44	7,396.08
19	7,106.53	5,904.63	5,686.64	6,751.21	4,719.94	3,887.78	3,887.78	4,580.85	6,768.68	7,106.53	7,836.07
20	7,526.62	6,235.22	6,005.19	7,150.29	4,965.04	4,086.10	4,086.10	4,818.12	7,130.38	7,526.62	8,276.07
21	7,954.72	6,540.58	6,266.94	7,556.98	5,167.59	4,248.35	4,248.35	5,013.25	7,427.59	7,954.72	8,716.07
22	8,382.73	6,845.91	6,528.74	7,963.59	5,370.14	4,410.68	4,410.68	5,208.48	7,724.82	8,382.73	9,156.06
23	8,803.51	7,151.22	6,790.58	8,363.34	5,566.65	4,573.01	4,573.01	5,403.71	8,022.08	8,803.51	9,596.05
24	9,224.28	7,449.61	7,052.41	8,763.08	5,763.19	4,735.34	4,735.34	5,598.94	8,316.07	9,224.28	10,036.05
25	9,645.08	7,747.99	7,312.87	9,162.81	5,959.71	4,897.65	4,897.65	5,791.01	8,606.36	9,645.08	10,476.05
26	10,065.85	8,046.37	7,568.78	9,562.57	6,156.23	5,059.98	5,059.98	5,981.58	8,896.66	10,065.85	10,916.05
27	10,486.62	8,344.75	7,824.70	9,962.30	6,352.76	5,222.31	5,222.31	6,172.14	9,186.95	10,486.62	11,356.03
28	10,907.41	8,643.14	8,080.61	10,362.04	6,549.29	5,384.63	5,384.63	6,362.71	9,477.25	10,907.41	11,796.03
29	11,328.19	8,941.52	8,336.53	10,761.78	6,745.80	5,545.06	5,545.06	6,553.26	9,767.55	11,328.19	12,236.02
30	11,748.97	9,239.89	8,592.43	11,161.52	6,942.33	5,704.56	5,704.56	6,743.81	10,057.85	11,748.97	12,676.02
31	12,169.75	9,538.28	8,848.35	11,561.26	7,138.86	5,864.07	5,864.07	6,934.38	10,348.14	12,169.75	13,116.02
32	12,590.52	9,836.66	9,104.26	11,961.00	7,335.38	6,023.56	6,023.56	7,124.94	10,638.44	12,590.52	13,556.00
33	13,011.31	10,135.04	9,360.18	12,360.74	7,531.90	6,183.06	6,183.06	7,315.51	10,928.73	13,011.31	13,996.00
34	13,432.09	10,433.42	9,616.08	12,760.49	7,728.43	6,342.57	6,342.57	7,506.06	11,219.03	13,432.09	14,436.00
35	13,852.86	10,731.81	9,872.00	13,160.23	7,924.95	6,502.06	6,502.06	7,696.62	11,509.34	13,852.86	14,876.00
36	14,273.65	11,030.18	10,127.91	13,559.96	8,121.47	6,661.57	6,661.57	7,887.18	11,799.63	14,273.65	15,315.98
37	14,694.43	11,328.57	10,383.83	13,959.71	8,318.00	6,821.07	6,821.07	8,077.75	12,089.92	14,694.43	15,755.98
38	15,115.20	11,626.95	10,639.74	14,359.45	8,514.53	6,980.56	6,980.56	8,268.31	12,380.22	15,115.20	16,195.98
39	15,535.99	11,925.33	10,895.65	14,759.18	8,711.04	7,140.07	7,140.07	8,458.87	12,670.52	15,535.99	16,635.98
40	15,932.57	12,198.37	10,997.20	15,135.94	8,789.83	7,257.98	7,257.98	8,541.27	12,912.50	15,932.57	17,056.83
41	16,331.30	12,473.49	11,099.87	15,514.74	8,870.71	7,376.13	7,376.13	8,624.67	13,155.90	16,331.30	17,480.81
42	16,730.13	12,748.68	11,202.58	15,893.63	8,951.62	7,494.28	7,494.28	8,708.10	13,399.36	16,730.13	17,904.93
43	17,129.07	13,023.98	11,305.29	16,272.62	9,032.58	7,612.44	7,612.44	8,791.54	13,642.87	17,129.07	18,329.19
44	17,528.11	13,299.35	11,408.02	16,651.70	9,113.57	7,730.60	7,730.60	8,875.00	13,886.42	17,528.11	18,753.59
45	17,927.23	13,574.81	11,510.77	17,030.87	9,194.58	7,848.78	7,848.78	8,958.49	14,130.05	17,927.23	19,178.13
46	18,326.47	13,850.35	11,613.54	17,410.15	9,275.65	7,966.96	7,966.96	9,041.98	14,373.70	18,326.47	19,602.83
47	18,725.78	14,125.97	11,716.34	17,789.50	9,356.75	8,085.15	8,085.15	9,125.50	14,617.42	18,725.78	20,027.65
48	19,125.22	14,401.69	11,819.15	18,168.96	9,437.88	8,203.34	8,203.34	9,209.04	14,861.20	19,125.22	20,452.62
49	19,524.73	14,677.48	11,921.98	18,548.50	9,519.05	8,321.54	8,321.54	9,292.59	15,105.01	19,524.73	20,877.73
50	19,924.34	14,953.36	12,024.83	18,928.13	9,600.24	8,439.75	8,439.75	9,376.17	15,348.88	19,924.34	21,302.99
51	20,324.06	15,229.33	12,127.71	19,307.86	9,681.49	8,557.96	8,557.96	9,459.76	15,592.81	20,324.06	21,728.39
52	20,723.88	15,505.37	12,230.59	19,687.68	9,762.77	8,676.20	8,676.20	9,543.37	15,836.77	20,723.88	22,153.92
53	21,123.79	15,781.51	12,333.50	20,067.61	9,844.08	8,794.42	8,794.42	9,627.00	16,080.79	21,123.79	22,579.61
54	21,523.80	16,057.73	12,436.43	20,447.60	9,925.43	8,912.66	8,912.66	9,710.65	16,324.87	21,523.80	23,005.43
55	21,923.90	16,334.03	12,539.37	20,827.69	10,006.81	9,030.90	9,030.90	9,794.31	16,568.99	21,923.90	23,431.39
56	22,324.10	16,610.42	12,642.35	21,207.90	10,088.23	9,149.15	9,149.15	9,878.00	16,813.18	22,324.10	23,857.51
57	22,724.39	16,886.88	12,745.33	21,588.18	10,169.68	9,267.41	9,267.41	9,961.69	17,057.40	22,724.39	24,283.76
58	23,124.79	17,163.44	12,848.34	21,968.55	10,251.14	9,385.68	9,385.68	10,045.41	17,301.69	23,124.79	24,710.14
59	23,525.29	17,440.09	12,951.37	22,349.03	10,332.61	9,503.95	9,503.95	10,129.16	17,546.02	23,525.29	25,136.69
60	23,925.87	17,716.81	13,054.41	22,729.58	10,414.07	9,622.23	9,622.23	10,212.91	17,790.40	23,925.87	25,563.37
61	24,326.57	17,993.61	13,157.48	23,110.24	10,495.53	9,740.52	9,740.52	10,296.69	18,034.84	24,326.57	25,990.18
62	24,727.35	18,270.52	13,260.56	23,490.98	10,577.00	9,858.81	9,858.81	10,380.50	18,279.33	24,727.35	26,417.14
63	25,128.24	18,547.49	13,363.66	23,871.83	10,658.46	9,977.10	9,977.10	10,464.31	18,523.87	25,128.24	26,844.25
64	25,529.21	18,824.55	13,466.80	24,252.76	10,739.92	10,095.42	10,095.42	10,548.14	18,768.44	25,529.21	27,271.50
65	25,930.29	19,101.70	13,569.94	24,633.77	10,821.38	10,213.73	10,213.73	10,631.99	19,013.09	25,930.29	27,698.89
66	26,331.47	19,378.94	13,673.10	25,014.90	10,902.84	10,332.05	10,332.05	10,715.86	19,257.79	26,331.47	28,126.41
67	26,732.74	19,656.25	13,776.28	25,396.11	10,984.30	10,450.38	10,450.38	10,799.75	19,502.52	26,732.74	28,554.08
68	27,134.11	19,933.66	13,879.49	25,777.41	11,065.76	10,568.72	10,568.72	10,883.66	19,747.32	27,134.11	28,981.90
69	27,535.58	20,211.14	13,982.70	26,158.79	11,147.22	10,687.07	10,687.07	10,967.58	19,992.17	27,535.58	29,409.86
70	27,937.14	20,488.71	14,085.94	26,540.28	11,228.68	10,805.42	10,805.42	11,051.53	20,237.06	27,937.14	29,837.96
71	28,338.81	20,766.36	14,189.21	26,921.87	11,310.14	10,923.78	10,923.78	11,135.50	20,482.01	28,338.81	30,266.21
72	28,740.57	21,044.11	14,292.48	27,303.54	11,391.60	11,042.15	11,042.15	11,219.47	20,727.01	28,740.57	30,694.60
73	29,142.42	21,321.94	14,395.79	27,685.31	11,473.06	11,160.52	11,160.52	11,303.47	20,972.06	29,142.42	31,123.12
74	29,544.37	21,599.84	14,499.10	28,067.16	11,554.52	11,278.90	11,278.90	11,387.49	21,217.17	29,544.37	31,551.79
75	29,946.43	21,877.84	14,602.44	28,449.10	11,635.98	11,397.28	11,397.28	11,471.53	21,462.33	29,946.43	31,980.60
76	30,348.57	22,155.91	14,705.80	28,831.15	11,717.44	11,515.67	11,515.67	11,555.59	21,707.52	30,348.57	32,409.55
77	30,750.83	22,434.08	14,809.18	29,213.28	11,798.90	11,634.08	11,634.08	11,639.65	21,952.78	30,750.83	32,838.65
78	31,153.16	22,712.32	14,912.58	29,595.51	11,880.36	11,752.48	11,752.48	11,723.75	22,198.09	31,153.16	33,267.89
79	31,555.61	22,990.65	15,015.99	29,977.84	11,961.82	11,870.90	11,870.90	11,807.86	22,443.46	31,555.61	33,697.27
80	31,958.15	23,269.07	15,119.43	30,360.24	12,043.28	11,989.32	11,989.32	11,892.00	22,688.86	31,958.15	34,126.79
81	32,360.78	23,547.57	15,222.88	30,742.75	12,124.74	12,107.75	12,107.75	11,976.15	22,934.32	32,360.78	34,556.45
82	32,763.51	23,826.16	15,326.36	31,125.34	12,206.21	12,226.19	12,226.19	12,060.30	23,179.84	32,763.51	34,986.25
83	33,166.34	24,104.83	15,429.85	31,508.04	12,287.67	12,344.62	12,344.62	12,144.50	23,425.40	33,166.34	35,416.20
84	33,569.27	24,383.58	15,533.36	31,890.81	12,369.13	12,463.09	12,463.09	12,228.69	23,671.02	33,569.27	35,846.30
85	33,972.30	24,662.42	15,636.89	32,273.69	12,450.59	12,581.54	12,581.54	12,312.92	23,916.68	33,972.30	36,276.53
86	34,375.42	24,941.34	15,740.46	32,656.66	12,532.06	12,700.00	12,700.00	12,397.16	24,162.41	34,375.42	36,706.91
87	34,778.64	25,220.35	15,844.03	33,039.72	12,613.52	12,818.47	12,818.47	12,481.43	24,408.19	34,778.64	37,137.42
88	35,181.97	25,499.45	15,947.61	33,422.87	12,694.98	12,936.96	12,936.96	12,565.70	24,654.00	35,181.97	37,568.08
89	35,585.39	25,778.62	16,051.22	33,806.12	12,776.44	13,055.44	13,055.44	12,650.00	24,899.88	35,585.39	37,998.89
90	35,988.89	26,057.88	16,154.85	34,189.44	12,857.90	13,173.93	13,173.93	12,734.30	25,145.80	35,988.89	38,429.84
91	36,392.51	26,337.23	16,258.51	34,572.88	12,939.36	13,292.43	13,292.43	12,818.64	25,391.78	36,392.51	38,860.92
92	36,796.20	26,616.65	16,362.18	34,956.41	13,020.82	13,410.94	13,410.94	12,902.99	25,637.81	36,796.20	39,292.14
93	37,200.02	26,896.17	16,465.86	35,340.01	13,102.28	13,529.46	13,529.46	12,987.36	25,883.89	37,200.02	39,723.52
94	37,603.91	27,175.77	16,569.57	35,723.72	13,183.74	13,647.98	13,647.98	13,071.75	26,130.02	37,603.91	40,155.04
95	38,007.92	27,455.46	16,673.30	36,107.52	13,265.20	13,766.50	13,766.50	13,156.17	26,376.20	38,007.92	40,586.68
96	38,412.02	27,735.23	16,777.05	36,491.42	13,346.66	13,885.04	13,885.04	13,240.58	26,622.44	38,412.02	41,018.49
97	38,816.21	28,015.09	16,880.82	36,875.40	13,428.12	14,003.58	14,003.58	13,325.00	26,868.72	38,816.21	41,450.43
98	39,220.50	28,295.03	16,984.61	37,259.48	13,509.58	14,122.14	14,122.14	13,409.42	27,115.05	39,220.50	41,882.51
99	39,624.89	28,575.05	17,088.41	37,643.64	13,591.04	14,240.70	14,240.70	13,493.83	27,361.45	39,624.89	42,314.74
100	40,029.37	28,855.15	17,192.23	38,027.90	13,672.50	14,359.26	14,359.26	13,578.25	27,607.87	40,029.37	42,747.09
101	40,433.96	29,135.35	17,296.08	38,412.26	13,753.96	14,477.83	14,477.83	13,662.67	27,854.38	40,433.96	43,179.61
102	40,838.64	29,415.61	17,399.94	38,796.71	13,835.42	14,596.40	14,596.40	13,747.08	28,100.91	40,838.64	43,612.26
103	41,243.42	29,695.97	17,503.84	39,181.25	13,916.88	14,714.99	14,714.99	13,831.50	28,347.50	41,243.42	44,045.06
104	41,648.29	29,976.42	17,607.73	39,565.89	13,998.34	14,833.58	14,833.58	13,915.92	28,594.15	41,648.29	44,477.99
105	42,053.27	30,256.96	17,711.62	39,950.60	14,079.80	14,952.18	14,952.18	14,000.33	28,840.85	42,053.27	44,911.07
106	42,458.34	30,537.56	17,815.51	40,335.42	14,161.27	15,070.79	15,070.79	14,084.75	29,087.59	42,458.34	45,344.19
107	42,863.51	30,818.24	17,919.40	40,720.33	14,242.73	15,189.41	15,189.41	14,169.17	29,334.39	42,863.51	45,777.31
108	43,268.78	31,098.90	18,023.30	41,105.34	14,324.19	15,308.02	15,308.02	14,253.58	29,581.24	43,268.78	46,210.44
109	43,674.14	31,379.58	18,127.20	41,490.43	14,405.66	15,426.66	15,426.66	14,338.01	29,828.15	43,674.14	46,643.55
110	44,079.59	31,660.24	18,231.09	41,875.61	14,487.12	15,545.29	15,545.29	14,422.42	30,075.09	44,079.59	47,076.68
111	44,485.16	31,940.91	18,334.98	42,260.91	14,568.58	15,663.94	15,663.94	14,506.83	30,322.10	44,485.16	47,509.79
112	44,890.81	32,221.58	18,438.87	42,646.27	14,650.04	15,782.58	15,782.58	14,591.26	30,569.15	44,890.81	47,942.92
113	45,296.56	32,502.24	18,542.77	43,031.74	14,731.50	15,901.24	15,901.24	14,675.67	30,816.27	45,296.56	48,376.04
114	45,702.41	32,782.92	18,646.67	43,417.29	14,812.96	16,019.91	16,019.91	14,760.08	31,063.43	45,702.41	48,809.16
115	46,108.36	33,063.58	18,750.56	43,802.94	14,894.42	16,138.58	16,138.58	14,844.51	31,310.63	46,108.36	49,242.29
116	46,514.41	33,344.26	18,854.45	44,188.68	14,975.88	16,257.25	16,257.25	14,928.92	31,557.89	46,514.41	49,675.40
117	46,920.55	33,624.92	18,958.34	44,574.52	15,057.34	16,375.94	16,375.94	15,013.33	31,805.21	46,920.55	50,108.53
118	47,326.79	33,905.59	19,062.24	44,960.45	15,138.80	16,494.63	16,494.63	15,097.76	32,052.57	47,326.79	50,541.65
119	47,733.12	34,186.26	19,166.14	45,346.46	15,220.26	16,613.33	16,613.33	15,182.17	32,299.99	47,733.12	50,974.77
120	48,139.56	34,466.92	19,270.03	45,732.58	15,301.72	16,732.04	16,732.04	15,266.58	32,547.45	48,139.56	51,407.90
121	48,546.09	34,747.60	19,373.92	46,118.79	15,383.18	16,850.75	16,850.75	15,351.01	32,794.97	48,546.09	51,841.01
122	48,946.61	35,028.26	19,477.81	46,499.28	15,464.64	16,968.95	16,968.95	15,435.42	33,039.03	48,946.61	52,274.14
123	49,347.12	35,308.94	19,581.71	46,879.78	15,546.10	17,087.15	17,087.15	15,519.83	33,283.08	49,347.12	52,707.25
124	49,747.64	35,586.31	19,684.09	47,260.26	15,627.56	17,205.35	17,205.35	15,604.26	33,527.14	49,747.64	53,139.54
125	50,148.15	35,862.77	19,786.42	47,640.75	15,709.02	17,323.56	17,323.56	15,688.67	33,771.20	50,148.15	53,566.16
126	50,548.67	36,139.22	19,888.75	48,021.25	15,790.48	17,441.75	17,441.75	15,773.03	34,015.25	50,548.67	53,992.79
127	50,949.20	36,415.68	19,991.09	48,401.74	15,871.94	17,559.95	17,559.95	15,856.19	34,259.31	50,949.20	54,419.42
128	51,349.71	36,692.14	20,093.43	48,782.23	15,953.40	17,678.16	17,678.16	15,939.35	34,503.37	51,349.71	54,846.03
129	51,750.22	36,968.60	20,195.76	49,162.72	16,034.87	17,796.36	17,796.36	16,022.49	34,747.42	51,750.22	55,272.67
130	52,150.74	37,245.05	20,298.09	49,543.21	16,116.33	17,914.55	17,914.55	16,105.64	34,991.48	52,150.74	55,699.29
131	52,551.25	37,521.51	20,400.44	49,923.70	16,197.79	18,032.76	18,032.76	16,188.79	35,235.54	52,551.25	56,125.91
132	52,951.78	37,797.98	20,502.77	50,304.19	16,279.25	18,150.96	18,150.96	16,271.95	35,479.60	52,951.78	56,552.54
133	53,352.30	38,074.43	20,605.10	50,684.68	16,360.72	18,269.15	18,269.15	16,355.10	35,723.66	53,352.30	56,979.16
134	53,752.81	38,350.88	20,707.43	51,065.17	16,442.18	18,387.35	18,387.35	16,438.25	35,967.71	53,752.81	57,405.79
135	54,153.32	38,627.35	20,809.78	51,445.66	16,523.64	18,505.56	18,505.56	16,521.39	36,211.77	54,153.32	57,832.41
136	54,553.84	38,903.81	20,912.12	51,826.15	16,605.10	18,623.76	18,623.76	16,604.54	36,455.83	54,553.84	58,259.03
137	54,954.36	39,180.26	21,014.45	52,206.64	16,686.56	18,741.95	18,741.95	16,687.70	36,699.89	54,954.36	58,685.67
138	55,354.88	39,456.72	21,116.78	52,587.13	16,768.02	18,860.16	18,860.16	16,770.85	36,943.95	55,354.88	59,112.28
139	55,755.39	39,733.18	21,219.12	52,967.62	16,849.48	18,978.37	18,978.37	16,854.00	37,188.01	55,755.39	59,538.91
140	56,155.91	40,009.65	21,321.46	53,348.11	16,930.94	19,096.56	19,096.56	16,937.15	37,432.07	56,155.91	59,965.54
141	56,556.42	40,286.09	21,423.79	53,728.60	17,012.40	19,214.76	19,214.76	17,020.29	37,676.12	56,556.42	60,392.15
142	56,956.94	40,562.56	21,526.12	54,109.09	17,093.86	19,332.97	19,332.97	17,103.45	37,920.18	56,956.94	60,818.79
143	57,357.47	40,839.02	21,628.46	54,489.59	17,175.32	19,451.17	19,451.17	17,186.61	38,164.24	57,357.47	61,245.41
144	57,757.98	41,115.48	21,730.80	54,870.08	17,256.78	19,569.36	19,569.36	17,269.75	38,408.29	57,757.98	61,672.03
145	58,158.49	41,391.93	21,833.13	55,250.56	17,338.24	19,687.56	19,687.56	17,352.90	38,652.35	58,158.49	62,098.66
146	58,559.01	41,668.39	21,935.46	55,631.06	17,419.70	19,805.77	19,805.77	17,436.05	38,896.41	58,559.01	62,525.28
147	58,959.52	41,944.86	22,037.80	56,011.55	17,501.16	19,923.96	19,923.96	17,519.21	39,140.46	58,959.52	62,951.91
148	59,360.05	42,221.31	22,140.14	56,392.05	17,582.62	20,042.16	20,042.16	17,602.36	39,384.52	59,360.05	63,378.53
149	59,760.57	42,497.76	22,242.47	56,772.53	17,664.08	20,160.37	20,160.37	17,685.50	39,628.58	59,760.57	63,805.15
150	60,161.08	42,774.23	22,344.80	57,153.02	17,745.54	20,278.57	20,278.57	17,768.65	39,872.63	60,161.08	64,231.79
151	60,561.59	43,050.69	22,447.14	57,533.52	17,827.00	20,396.76	20,396.76	17,851.80	40,116.69	60,561.59	64,658.40
152	60,962.11	43,327.14	22,549.48	57,914.01	17,908.46	20,514.97	20,514.97	17,934.96	40,360.75	60,962.11	65,085.03
153	61,362.63	43,603.60	22,651.81	58,294.50	17,989.93	20,633.18	20,633.18	18,018.11	40,604.80	61,362.63	65,511.66
154	61,763.15	43,880.06	22,754.14	58,674.99	18,071.39	20,751.37	20,751.37	18,101.26	40,848.86	61,763.15	65,938.27
155	62,163.67	44,156.52	22,856.48	59,055.48	18,152.85	20,869.57	20,869.57	18,184.40	41,092.92	62,163.67	66,364.91
156	62,564.18	44,432.97	22,958.82	59,435.98	18,234.32	20,987.77	20,987.77	18,267.55	41,336.97	62,564.18	66,791.53
157	62,964.69	44,709.43	23,061.15	59,816.46	18,315.78	21,105.98	21,105.98	18,350.71	41,581.03	62,964.69	67,218.15
158	63,365.21	44,985.90	23,163.48	60,196.96	18,397.24	21,224.17	21,224.17	18,433.86	41,825.09	63,365.21	67,644.78
159	63,765.74	45,262.35	23,265.83	60,577.45	18,478.70	21,342.37	21,342.37	18,517.01	42,069.14	63,765.74	68,071.40
160	64,166.25	45,538.81	23,368.17	60,957.94	18,560.16	21,460.58	21,460.58	18,600.16	42,313.20	64,166.25	68,498.03
161	64,566.77	45,815.27	23,470.50	61,338.43	18,641.62	21,578.77	21,578.77	18,683.30	42,557.26	64,566.77	68,924.65
162	64,967.28	46,091.73	23,572.83	61,718.92	18,723.08	21,696.97	21,696.97	18,766.46	42,801.31	64,967.28	69,351.27
163	65,367.79	46,368.18	23,675.17	62,099.42	18,804.54	21,815.18	21,815.18	18,849.62	43,045.37	65,367.79	69,777.91
164	65,768.32	46,644.64	23,777.51	62,479.91	18,886.00	21,933.38	21,933.38	18,932.76	43,289.43	65,768.32	70,204.52
165	66,168.84	46,921.11	23,879.84	62,860.39	18,967.46	22,051.57	22,051.57	19,015.91	43,533.48	66,168.84	70,631.15
166	66,569.35	47,197.57	23,982.17	63,240.89	19,048.92	22,169.78	22,169.78	19,099.06	43,777.54	66,569.35	71,057.78
167	66,969.86	47,474.01	24,084.51	63,621.38	19,130.38	22,287.98	22,287.98	19,182.22	44,021.60	66,969.86	71,484.39
168	67,370.38	47,750.48	24,186.85	64,001.87	19,211.84	22,406.18	22,406.18	19,265.37	44,265.66	67,370.38	71,911.03
169	67,770.90	48,026.94	24,289.18	64,382.36	19,293.30	22,524.38	22,524.38	19,348.52	44,509.72	67,770.90	72,337.65
170	68,171.42	48,303.40	24,391.51	64,762.85	19,374.76	22,642.58	22,642.58	19,431.66	44,753.78	68,171.42	72,764.27
171	68,571.94	48,579.85	24,493.85	65,143.34	19,456.22	22,760.78	22,760.78	19,514.81	44,997.83	68,571.94	73,190.90
172	68,972.45	48,856.31	24,596.19	65,523.83	19,537.68	22,878.98	22,878.98	19,597.97	45,241.89	68,972.45	73,617.52
173	69,372.96	49,132.78	24,698.52	65,904.32	19,619.14	22,997.18	22,997.18	19,681.12	45,485.95	69,372.96	74,044.15
174	69,773.48	49,409.23	24,800.85	66,284.81	19,700.60	23,115.39	23,115.39	19,764.27	45,730.01	69,773.48	74,470.77
175	70,174.01	49,685.68	24,903.19	66,665.30	19,782.06	23,233.58	23,233.58	19,847.41	45,974.07	70,174.01	74,897.39
176	70,574.52	49,962.15	25,005.53	67,045.79	19,863.53	23,351.78	23,351.78	19,930.56	46,218.13	70,574.52	75,324.03
177	70,975.04	50,238.61	25,107.86	67,426.28	19,944.99	23,469.99	23,469.99	20,013.72	46,462.18	70,975.04	75,750.64
178	71,375.55	50,515.06	25,210.19	67,806.77	20,026.45	23,588.19	23,588.19	20,096.87	46,706.24	71,375.55	76,177.27
179	71,776.06	50,791.52	25,312.53	68,187.26	20,107.91	23,706.38	23,706.38	20,180.02	46,950.30	71,776.06	76,603.90
180	72,176.59	51,067.98	25,414.87	68,567.75	20,189.38	23,824.59	23,824.59	20,263.17	47,194.35	72,176.59	77,030.51
181	72,577.11	51,344.44	25,517.21	68,948.24	20,270.84	23,942.79	23,942.79	20,346.32	47,438.41	72,577.11	77,457.15
182	72,977.62	51,620.89	25,619.54	69,328.73	20,352.30	24,060.98	24,060.98	20,429.48	47,682.47	72,977.62	77,883.77
183	73,378.14	51,897.36	25,721.87	69,709.23	20,432.59	24,179.19	24,179.19	20,512.63	47,926.52	73,378.14	78,310.39
184	73,778.65	52,173.82	25,824.22	70,089.72	20,512.82	24,297.39	24,297.39	20,595.77	48,170.58	73,778.65	78,737.02
185	74,179.17	52,450.27	25,926.55	70,470.20	20,593.06	24,415.59	24,415.59	20,678.92	48,414.64	74,179.17	79,163.64
186	74,579.69	52,726.73	26,028.88	70,850.70	20,673.30	24,533.79	24,533.79	20,762.07	48,658.69	74,579.69	79,590.27
187	74,980.21	53,003.19	26,131.22	71,231.19	20,753.54	24,651.99	24,651.99	20,845.23	48,902.75	74,980.21	80,016.89
188	75,380.72	53,279.65	26,233.56	71,611.69	20,833.78	24,770.20	24,770.20	20,928.38	49,146.81	75,380.72	80,443.51
189	75,781.23	53,556.10	26,335.89	71,992.17	20,914.02	24,888.39	24,888.39	21,011.53	49,390.86	75,781.23	80,870.15
190	76,181.75	53,832.56	26,438.22	72,372.66	20,994.26	25,006.59	25,006.59	21,094.67	49,634.92	76,181.75	81,296.76
191	76,582.28	54,109.03	26,540.56	72,753.16	21,074.50	25,124.80	25,124.80	21,177.82	49,878.98	76,582.28	81,723.39
192	76,982.79	54,385.49	26,642.90	73,133.65	21,154.74	25,243.00	25,243.00	21,260.98	50,123.03	76,982.79	82,150.02
193	77,383.31	54,661.93	26,745.23	73,514.14	21,234.98	25,361.19	25,361.19	21,344.13	50,367.09	77,383.31	82,576.63
194	77,783.82	54,938.40	26,847.56	73,894.63	21,315.22	25,479.40	25,479.40	21,427.28	50,611.15	77,783.82	83,003.27
195	78,184.33	55,214.86	26,949.90	74,275.12	21,395.46	25,597.60	25,597.60	21,510.43	50,855.20	78,184.33	83,429.89
196	78,584.86	55,491.32	27,052.24	74,655.62	21,475.70	25,715.79	25,715.79	21,593.57	51,099.26	78,584.86	83,856.51
197	78,985.38	55,767.77	27,154.57	75,036.10	21,555.94	25,833.99	25,833.99	21,676.73	51,343.32	78,985.38	84,283.14
198	79,385.89	56,044.23	27,256.90	75,416.60	21,636.18	25,952.20	25,952.20	21,759.89	51,587.37	79,385.89	84,709.76
199	79,786.41	56,320.70	27,359.24	75,797.09	21,716.42	26,070.40	26,070.40	21,843.03	51,831.43	79,786.41	85,136.39
200	80,186.92	56,597.15	27,461.58	76,177.58	21,796.66	26,188.59	26,188.59	21,926.18	52,075.49	80,186.92	85,563.01]

Textual Amendments

F63 Sch. 2 para. 7(2) table substituted (1.7.2015) by The Criminal Legal Aid (Remuneration etc.) (Amendment) Regulations 2015 (S.I. 2015/1369), reg. 1(2)(a), Sch. 1 para. 2(a) (with reg. 2(1))

F64 Sch. 2 para. 7(3) table substituted (1.7.2015) by The Criminal Legal Aid (Remuneration etc.) (Amendment) Regulations 2015 (S.I. 2015/1369), reg. 1(2)(a), Sch. 1 para. 2(b) (with reg. 2(1))

Cracked trials and guilty pleas where the number of pages of prosecution evidence exceeds the PPE Cut-off E+W

8.—(1) Where in a cracked trial or guilty plea the number of pages of prosecution evidence exceeds the PPE Cut-off specified in the table following paragraph 5(1)  as appropriate to the offence with which the assisted person is charged, the total fee payable to the litigator is—

(a) the final fee, calculated in accordance with sub-paragraph (2) of this paragraph;

(b) the defendant uplift, if any, calculated in accordance with the table following paragraph 12; and

(c) the adjustment for transfers and retrials, if any, calculated in accordance with paragraph 13.

(2) For the purposes of sub-paragraph (1), the final fee payable to a litigator in a cracked trial or guilty plea is calculated in accordance with the following formula—

Where—

F is the amount of the final fee;

I is the initial fee specified in the tables following this paragraph, as appropriate to the type of case, the offence with which the assisted person is charged and the number of pages of prosecution evidence;

D is the difference between—

(i)

the number of pages of prosecution evidence in the case; and

(ii)

the lower number in the PPE range as specified in the tables following this paragraph, as appropriate to the type of case, the offence with which the assisted person is charged and the number of pages of prosecution evidence in the case;

i is the incremental fee per page of prosecution evidence specified in the tables following this paragraph, as appropriate to the type of case, the offence with which the assisted person is charged and the number of pages of prosecution evidence in the case.

[F65 Table of final fees in cracked trials

Class of Offence	PPE Range	Initial Fee (£)	Incremental fee per page of prosecution evidence (£)
A	0-79	817.84	0
A	80-249	817.84	9.67
A	250-999	2,461.79	6.07
A	1000-2799	7,013.99	3.55
A	2800-4599	13,399.58	3.55
A	4600-6399	19,785.18	2.82
A	6400-8199	24,854.29	2.82
A	8200-9999	29,923.39	2.82
A	10,000	34,989.69	0
B	0-69	641.15	0
B	70-249	641.15	7.07
B	250-999	1,914.60	3.31
B	1000-2799	4,398.09	2.21
B	2800-4599	8,367.99	2.21
B	4600-6399	12,337.89	1.85
B	6400-8199	15,675.89	1.85
B	8200-9999	19,013.87	1.85
B	10,000	22,350.01	0
C	0-39	474.52	0
C	40-249	474.52	3.55
C	250-999	1,219.43	2.03
C	1000-2799	2,742.22	1.29
C	2800-4599	5,069.77	1.29
C	4600-6399	7,397.33	1.29
C	6400-8199	9,724.89	1.29
C	8200-9999	12,052.45	1.29
C	10,000	14,378.71	0
D	0-79	776.94	0
D	80-249	776.94	9.16
D	250-999	2,334.87	5.52
D	1000-2799	6,476.83	3.26
D	2800-4599	12,346.28	3.26
D	4600-6399	18,215.74	2.68
D	6400-8199	23,032.00	2.68
D	8200-9999	27,848.26	2.68
D	10,000	32,661.85	0
E	0-39	210.69	0
E	40-249	210.69	4.16
E	250-999	1,084.41	1.32
E	1000-2799	2,071.81	0.55
E	2800-4599	3,065.16	0.55
E	4600-6399	4,058.52	0.55
E	6400-8199	5,051.89	0.55
E	8200-9999	6,045.25	0.55
E	10,000	7,038.05	0
F	0-49	202.72	0
F	50-249	202.72	3.99
F	250-999	1,001.33	1.62
F	1000-2799	2,215.42	0.63
F	2800-4599	3,349.43	0.63
F	4600-6399	4,483.43	0.63
F	6400-8199	5,617.43	0.63
F	8200-9999	6,751.43	0.63
F	10,000	7,884.80	0
G	0-49	202.72	0
G	50-249	202.72	3.99
G	250-999	1,001.33	1.62
G	1000-2799	2,215.42	0.63
G	2800-4599	3,349.43	0.63
G	4600-6399	4,483.43	0.63
G	6400-8199	5,617.43	0.63
G	8200-9999	6,751.43	0.63
G	10,000	7,884.80	0
H	0-39	214.28	0
H	40-249	214.28	3.85
H	250-999	1,023.10	1.41
H	1000-2799	2,077.83	0.63
H	2800-4599	3,210.31	0.63
H	4600-6399	4,342.78	0.63
H	6400-8199	5,475.25	0.63
H	8200-9999	6,607.73	0.63
H	10,000	7,739.57	0
I	0-39	229.35	0
I	40-249	229.35	5.35
I	250-999	1,353.27	2.09
I	1000-2799	2,922.00	0.81
I	2800-4599	4,382.54	0.81
I	4600-6399	5,843.07	0.81
I	6400-8199	7,303.60	0.81
I	8200-9999	8,764.14	0.81
I	10,000	10,223.85	0
J	0-79	817.84	0
J	80-249	817.84	9.67
J	250-999	2,461.79	6.07
J	1000-2799	7,013.99	3.55
J	2800-4599	13,399.58	3.55
J	4600-6399	19,785.18	2.82
J	6400-8199	24,854.29	2.82
J	8200-9999	29,923.39	2.82
J	10,000	34,989.69	0
K	0-119	699.66	0
K	120-249	699.66	5.92
K	250-999	1,469.04	4.54
K	1000-2799	4,872.23	3.97
K	2800-4599	12,023.79	3.97
K	4600-6399	19,175.37	3.39
K	6400-8199	25,273.74	3.39
K	8200-9999	31,372.12	3.39
K	10,000	37,467.10	0

Table of final fees in guilty pleas

Class of Offence	PPE Range	Initial Fee (£)	Incremental fee per page of prosecution evidence (£)
A	0-79	615.14	0
A	80-399	615.14	5.08
A	400-999	2,240.64	2.68
A	1000-2799	3,847.97	1.71
A	2800-4599	6,931.71	1.71
A	4600-6399	10,015.43	1.01
A	6400-8199	11,835.33	1.01
A	8200-9999	13,655.24	1.01
A	10,000	15,474.14	0
B	0-69	502.79	0
B	70-399	502.79	4.08
B	400-999	1,850.34	2.06
B	1000-2799	3,084.59	1.31
B	2800-4599	5,448.09	1.31
B	4600-6399	7,811.60	0.96
B	6400-8199	9,543.20	0.96
B	8200-9999	11,274.79	0.96
B	10,000	13,005.42	0
C	0-39	400.44	0
C	40-399	400.44	2.41
C	400-999	1,267.46	1.32
C	1000-2799	2,058.00	0.72
C	2800-4599	3,345.14	0.72
C	4600-6399	4,632.30	0.72
C	6400-8199	5,919.46	0.72
C	8200-9999	7,206.61	0.72
C	10,000	8,493.05	0
D	0-79	584.38	0
D	80-399	584.38	4.73
D	400-999	2,098.13	2.48
D	1000-2799	3,587.84	1.55
D	2800-4599	6,370.53	1.55
D	4600-6399	9,153.23	0.96
D	6400-8199	10,882.75	0.96
D	8200-9999	12,612.25	0.96
D	10,000	14,340.79	0
E	0-39	166.99	0
E	40-399	166.99	2.64
E	400-999	1,118.60	1.13
E	1000-2799	1,798.34	0.42
E	2800-4599	2,549.32	0.42
E	4600-6399	3,300.30	0.42
E	6400-8199	4,051.28	0.42
E	8200-9999	4,802.26	0.42
E	10,000	5,552.82	0
F	0-49	177.04	0
F	50-399	177.04	2.56
F	400-999	1,073.84	0.89
F	1000-2799	1,610.41	0.29
F	2800-4599	2,128.34	0.29
F	4600-6399	2,646.26	0.29
F	6400-8199	3,164.19	0.29
F	8200-9999	3,682.12	0.29
F	10,000	4,199.75	0
G	0-49	177.04	0
G	50-399	177.04	2.56
G	400-999	1,073.84	0.89
G	1000-2799	1,610.41	0.29
G	2800-4599	2,128.34	0.29
G	4600-6399	2,646.26	0.29
G	6400-8199	3,164.19	0.29
G	8200-9999	3,682.12	0.29
G	10,000	4,199.75	0
H	0-39	172.66	0
H	40-399	172.66	2.53
H	400-999	1,081.85	0.90
H	1000-2799	1,619.03	0.29
H	2800-4599	2,133.57	0.29
H	4600-6399	2,648.12	0.29
H	6400-8199	3,162.66	0.29
H	8200-9999	3,677.21	0.29
H	10,000	4,191.45	0
I	0-39	157.86	0
I	40-399	157.86	2.82
I	400-999	1,174.01	1.23
I	1000-2799	1,913.36	0.46
I	2800-4599	2,742.18	0.46
I	4600-6399	3,571.00	0.46
I	6400-8199	4,399.83	0.46
I	8200-9999	5,228.67	0.46
I	10,000	6,057.03	0
J	0-79	615.14	0
J	80-399	615.14	5.08
J	400-999	2,240.64	2.68
J	1000-2799	3,847.97	1.71
J	2800-4599	6,931.71	1.71
J	4600-6399	10,015.43	1.01
J	6400-8199	11,835.33	1.01
J	8200-9999	13,655.24	1.01
J	10,000	15,474.14	0
K	0-119	579.39	0
K	120-399	579.39	4.75
K	400-999	1,910.50	2.65
K	1000-2799	3,498.21	2.46
K	2800-4599	7,934.06	2.46
K	4600-6399	12,369.90	1.88
K	6400-8199	15,752.56	1.88
K	8200-9999	19,135.22	1.88
K	10,000	22,515.98	0]

Textual Amendments

F65 Sch. 2 para. 8(2) table substituted (1.7.2015) by The Criminal Legal Aid (Remuneration etc.) (Amendment) Regulations 2015 (S.I. 2015/1369), reg. 1(2)(a), Sch. 1 para. 3 (with reg. 2(1))

Trials where the number of pages of prosecution evidence exceeds the PPE Cut-off E+W

9.—(1) Where in a trial the number of pages of prosecution evidence exceeds the PPE Cut-off figure specified in the table following paragraph 5(2) as appropriate to the offence for which the assisted person is tried and the length of trial, the total fee payable to the litigator is—

(a) the final fee, calculated in accordance with sub-paragraph (2) of this paragraph;

(b) the defendant uplift, if any, calculated in accordance with the table following paragraph 12; and

(c) the adjustment for transfers and retrials, if any, calculated in accordance with paragraph 13.

(2) For the purposes of sub-paragraph (1), the final fee is calculated in accordance with the following formula—

Where—

F is the amount of the final fee;

I is the initial fee specified in the table following this paragraph as appropriate to the offence for which the assisted person is tried and the number of pages of prosecution evidence;

D is the difference between—

(i)

the number of pages of prosecution evidence in the case; and

(ii)

the lower number in the PPE range as specified in the table following this paragraph, as appropriate to the offence for which the assisted person is tried and the number of pages of prosecution evidence in the case;

i is the incremental fee per page of prosecution evidence specified in the table following this paragraph as appropriate to the offence for which the assisted person is tried and the number of pages of prosecution evidence in the case.

Table of final fees in trials

[F66 Class of Offence	PPE Range	Initial Fee (£)	Incremental fee per page (£)
A	0-79	1,326.86	0
A	80-209	1,326.86	14.99
A	210-699	3,275.18	11.44
A	700-1049	8,882.80	9.61
A	1050-1999	12,244.73	8.33
A	2000-3599	20,157.51	7.61
A	3600-5199	32,337.32	7.61
A	5200-6799	44,517.12	7.61
A	6800-8399	56,696.95	7.61
A	8400-9999	68,876.76	7.61
A	10,000	81,048.96	0
B	0-69	992.41	0
B	70-199	992.41	11.58
B	200-499	2,497.70	10.35
B	500-899	5,601.30	8.71
B	900-1299	9,084.69	7.32
B	1300-1999	12,011.13	6.41
B	2000-3299	16,499.55	6.41
B	3300-4999	24,835.21	6.41
B	5000-5999	35,735.68	6.41
B	6000-7999	42,147.72	6.41
B	8000-8999	54,971.80	6.41
B	9000-9999	61,383.84	6.41
B	10,000	67,789.47	0
C	0-39	668.67	0
C	40-299	668.67	9.55
C	300-799	3,152.22	8.35
C	800-1249	7,324.86	6.98
C	1250-1999	10,467.86	6.18
C	2000-3199	15,099.47	4.27
C	3200-4559	20,223.84	4.27
C	4560-5919	26,031.46	4.27
C	5920-7279	31,839.08	4.27
C	7280-8639	37,646.71	4.27
C	8640-9999	43,454.33	4.27
C	10,000	49,257.70	0
D	0-79	1,260.51	0
D	80-209	1,260.51	14.24
D	210-699	3,111.41	10.87
D	700-1049	8,438.66	9.13
D	1050-1999	11,632.50	7.91
D	2000-3599	19,149.63	7.23
D	3600-5199	30,720.44	7.23
D	5200-6799	42,291.27	7.23
D	6800-8399	53,862.10	7.23
D	8400-9999	65,432.92	7.23
D	10,000	76,996.51	0
E	0-39	318.90	0
E	40-69	318.90	8.60
E	70-129	577.01	7.75
E	130-599	1,042.06	7.50
E	600-1349	4,565.52	4.92
E	1350-2999	8,256.29	2.16
E	3000-4749	11,819.21	2.16
E	4750-6499	15,598.07	2.16
E	6500-8249	19,376.92	2.16
E	8250-9999	23,155.77	2.16
E	10,000	26,932.46	0
F	0-49	323.31	0
F	50-229	323.31	6.61
F	230-699	1,512.77	6.30
F	700-1399	4,472.31	5.06
F	1400-1949	8,015.66	3.91
F	1950-3549	10,164.34	1.95
F	3550-5149	13,282.65	1.95
F	5150-6749	16,400.96	1.95
F	6750-8349	19,519.27	1.95
F	8350-9999	22,637.58	1.95
F	10,000	25,851.39	0
G	0-49	323.31	0
G	50-229	323.31	6.61
G	230-699	1,512.77	6.30
G	700-1399	4,472.31	5.06
G	1400-1949	8,015.66	3.91
G	1950-3549	10,164.34	1.95
G	3550-5149	13,282.65	1.95
G	5150-6749	16,400.96	1.95
G	6750-8349	19,519.27	1.95
G	8350-9999	22,637.58	1.95
G	10,000	25,851.39	0
H	0-39	323.44	0
H	40-249	323.44	7.77
H	250-619	1,955.51	6.46
H	620-1299	4,346.77	4.80
H	1300-2999	7,611.47	3.81
H	3000-4999	14,089.28	2.06
H	5000-5999	18,199.58	2.06
H	6000-6999	20,254.67	2.06
H	7000-7999	22,309.83	2.06
H	8000-8999	24,364.99	2.06
H	9000-9999	26,420.15	2.06
H	10,000	28,473.24	0
I	0-39	323.17	0
I	40-369	323.17	8.26
I	370-799	3,050.16	8.22
I	800-1299	6,584.12	8.13
I	1300-2699	10,649.53	6.41
I	2700-4199	19,617.04	2.75
I	4200-5359	23,746.01	2.75
I	5360-6519	26,939.07	2.75
I	6520-7679	30,132.14	2.75
I	7680-8839	33,325.22	2.75
I	8840-9999	36,518.28	2.75
I	10,000	39,708.59	0
J	0-79	1,326.86	0
J	80-209	1,326.86	14.99
J	210-699	3,275.18	11.44
J	700-1049	8,882.80	9.61
J	1050-1999	12,244.73	8.33
J	2000-3599	20,157.51	7.61
J	3600-5199	32,337.32	7.61
J	5200-6799	44,517.12	7.61
J	6800-8399	56,696.95	7.61
J	8400-9999	68,876.76	7.61
J	10,000	81,048.96	0
K	0-119	932.88	0
K	120-734	932.88	7.83
K	735-1289	5,746.58	7.88
K	1290-2399	10,120.31	8.02
K	2400-4499	19,024.76	7.99
K	4500-7999	35,807.93	7.99
K	8000-8399	63,779.87	7.99
K	8400-8799	66,976.65	7.99
K	8800-9199	70,173.44	7.99
K	9200-9599	73,370.24	7.99
K	9600-9999	76,567.04	7.99
K	10,000	79,755.84	0]

Textual Amendments

F66 Sch. 2 para. 9(2) table substituted (1.7.2015) by The Criminal Legal Aid (Remuneration etc.) (Amendment) Regulations 2015 (S.I. 2015/1369), reg. 1(2)(a), Sch. 1 para. 4 (with reg. 2(1))

PART 3 E+W Fixed Fee for Guilty Pleas and Cracked Trials

Scope of Part 3 E+W

[F67 10.— (1) Subject to sub-paragraph (2), this Part applies to a case committed or sent for trial to the Crown Court on the election of a defendant where the magistrates’ court has determined the case to be suitable for summary trial.

(2) This Part does not apply where the trial is a cracked trial because the prosecution offer no evidence on all counts against a defendant and the judge directs that a not guilty verdict be entered.]

Textual Amendments

F67 Sch. 2 para. 10 substituted (2.10.2014) by The Criminal Legal Aid (Remuneration) (Amendment) (No.2) Regulations 2014 (S.I. 2014/2422), regs. 1(1), 2(7)(b) (with reg. 3)

Fixed fee for guilty pleas or cracked trials E+W

11.  The fee payable to a litigator in relation to a guilty plea or cracked trial to which this Part applies is [F68 £298.65] per proceedings.

Textual Amendments

F68 Sum in Sch. 2 para. 11 substituted (1.7.2015) by The Criminal Legal Aid (Remuneration etc.) (Amendment) Regulations 2015 (S.I. 2015/1369), reg. 1(2)(a), Sch. 1 para. 5 (with reg. 2(1))

PART 4 E+W Defendant Uplifts, Retrials and Transfers

Defendant uplifts E+W

12.—(1) The defendant uplift payable to a litigator is calculated in accordance with the table following this paragraph.

(2) Only one defendant uplift is payable in each case.

(3) In the table following this paragraph, the total fee means—

(a) in a cracked trial or guilty plea where the number of pages of prosecution evidence does not exceed the PPE Cut-off specified in the table following paragraph 5(1), the basic fee specified in the table following paragraph 6(2);

(b) in a trial where the number of pages of prosecution evidence does not exceed the PPE Cut-off specified in the table following paragraph 5(2), the basic fee specified in the table following paragraph 7(2) plus the length of trial proxy specified in the table following paragraph 7(3);

(c) in a cracked trial or guilty plea where the number of pages of prosecution evidence exceeds the PPE Cut-off specified in the table following paragraph 5(1), the final fee, as calculated in accordance with paragraph 8(2); and

(d) in a trial where the number of pages of prosecution evidence exceeds the PPE Cut-off specified in the table following paragraph 5(2), the final fee, as calculated in accordance with paragraph 9(2);

(e) where appropriate, the fee set out in paragraph 11.

(4) In a case where the representation of one defendant would attract a fixed fee under Part 3 and the representation of one or more of the other defendants would attract a graduated fee under Part 2, the total fee is the fee falling within whichever of paragraphs (a) to (d) of sub-paragraph (3) is appropriate.

Defendant uplifts

Total number of defendants represented by litigator	Percentage uplift to total fee
2-4	20%
5+	30%

Retrials and Transfers E+W

13.—(1) Where following a trial an order is made for a retrial and the same litigator acts for the assisted person at both trials the fee payable to that litigator is—

(a) in respect of the first trial, a fee calculated in accordance with the provisions of this Schedule; and

(b) in respect of the retrial, 25% of the fee, as appropriate to the circumstances of the retrial, in accordance with the provisions of this Schedule.

(2) Where—

(a) a case is transferred to a new litigator; or

(b) a retrial is ordered and a new litigator acts for the assisted person at the retrial,

the fee payable to the original litigator and the new litigator is a percentage of the total fee, calculated in accordance with the table following this paragraph, as appropriate to the circumstances and timing of the retrial, transfer or withdrawal of the section 16 determination.

(3) In sub-paragraph (2), “transfer” includes the making of a section 16 determination in favour of an individual who, immediately before the making of the section 16 determination—

(a) had represented themselves; or

(b) had been represented (otherwise than pursuant to a section 16 determination) by the litigator named in the order,

and for the purposes of that sub-paragraph the litigator is to be treated as a new litigator.

(4) For the purposes of sub-paragraph (2), a case is not transferred to a new litigator where—

(a) a firm of solicitors is named as litigator in the representation order and the solicitor or other appropriately qualified person with responsibility for the case moves to another firm;

(b) a firm of solicitors is named as litigator in the representation order and the firm changes (whether by merger or acquisition or in some other way), but so that the new firm remains closely related to the firm named in the order; or

(c) a solicitor or other appropriately qualified person is named as litigator in the representation order and responsibility for the case is transferred to another solicitor or appropriately qualified person in the same firm or a closely related firm.

(5) For the purposes of sub-paragraph (2), where a case which has been transferred to a new litigator is transferred again, that new litigator—

(a) must be treated as the original litigator, where the transfer takes place at any time before the trial or any retrial;

(b) must be treated as a new litigator, where the transfer takes place during the trial or any retrial; and

(c) must not receive any fee, where the transfer takes place after the trial or any retrial but before the sentencing hearing.

(6) Where a section 16 determination is withdrawn before the case ends, a litigator must receive a percentage of the total fee, in accordance with the table following this paragraph, as appropriate to the circumstances and timing of a transfer.

(7) In the table following this paragraph, the total fee means—

(a) in a cracked trial or guilty plea in a case to which Part 2 applies, where the number of pages of prosecution evidence is less than or equal to the PPE Cut-off specified in the table following paragraph 5(1), the basic fee as set out in the table following paragraph 6(2);

(b) in a trial where the number of pages of prosecution evidence is less than or equal to the PPE Cut-off specified in the table following paragraph 5(2), the basic fee specified in the table following paragraph 7(2) plus the length of trial proxy specified in the table following paragraph 7(3);

(c) in a cracked trial or guilty plea in a case to which Part 2 applies, where the number of pages of prosecution evidence exceeds the PPE Cut-off specified in the table following paragraph 5(1), the final fee as calculated in accordance with paragraph 8(2);

(d) in a trial where the number of pages of prosecution evidence exceeds the PPE Cut-off specified in the table following paragraph 5(2), the final fee, as calculated in accordance with paragraph 9(2);

(e) in a cracked trial or guilty plea in a case to which Part 3 applies, the fixed fee set out in paragraph 11.

(8) Where a case becomes a Very High Cost Case after a section 16 determination has been made and is transferred from the litigator named on the representation order to a new litigator—

(a) the original litigator must be remunerated in accordance with the individual Very High Cost Case contract entered into by that litigator; and

(b) the new litigator must be remunerated in accordance with the individual Very High Cost Case contract entered into by that litigator.

(9) Where a case becomes a Very High Cost Case after a section 16 determination has been made and the section 16 determination is withdrawn before the end of the case, the litigator must be remunerated in accordance with the table following this paragraph as appropriate to the circumstances and timing of the withdrawal.

(10) Sub-paragraph (11) applies where—

(a) the case is a case to which Part 3 would apply if it resulted in a cracked trial or guilty plea; and

(b) at the time the case is transferred to a new litigator in accordance with sub-paragraph (2) it is not known whether the case would result in a cracked trial or guilty plea or whether it would proceed to trial.

(11) Where this sub-paragraph applies—

(a) for the purpose of a claim by the original litigator at the time of the transfer of the case, “total fee” in the table following this paragraph, means the fixed fee set out in paragraph 11;

(b) the original litigator may, if the case proceeds to trial, claim the difference between the payment received at the time of transfer of the case and the payment that would have been due at that time if that payment had been based on the case proceeding to trial.

(12) A litigator may not be treated both as an original litigator and as a new litigator in a case.

Retrials and Transfers

Scenario	Percentage of the total fee	Case type to be used to determine total fee	Claim period
Cracked trial before retrial, where there is no change of litigator	25%	Cracked trial
Retrial where there is no change of litigator	25%	Trial
Up to and including plea and case management hearing transfer (original litigator)	25%	Cracked trial
Up to and including plea and case management hearing transfer – guilty plea (new litigator)	100%	Guilty plea
Up to and including plea and case management hearing transfer – cracked trial (new litigator)	100%	Cracked trial
Up to and including plea and case management hearing transfer – trial (new litigator)	100%	Trial
Before trial transfer (original litigator)	75%	Cracked trial
Before trial transfer – cracked trial (new litigator)	100%	Cracked trial
Before trial transfer – trial (new litigator)	100%	Trial
During trial transfer (original litigator)	100%	Trial	Claim up to and including the day before the transfer
During trial transfer (new litigator)	50%	Trial	Claim for the full trial length
Transfer after trial or guilty plea and before sentencing hearing (original litigator)	100%	Trial, Cracked trial or Guilty plea as appropriate	Claim for the full trial length, excluding the length of the sentencing hearing
Transfer after trial or guilty plea and before sentencing hearing (new litigator)	10%	Trial	Claim for one day or for the length of the sentencing hearing if longer than one day
Transfer before retrial (original litigator)	25%	Cracked trial
Transfer before cracked retrial (new litigator)	50%	Cracked trial
Transfer before retrial (new litigator)	50%	Trial	Claim for the full retrial length
Transfer during retrial (original litigator)	25%	Trial	Claim up to and including the day before the transfer
Transfer during retrial (new litigator)	50%	Trial	Claim for the full retrial length
Transfer after retrial or cracked retrial and before sentencing hearing (original litigator)	25%	Trial or Cracked trial as appropriate	Claim for the full retrial length, excluding the length of the sentencing hearing
Transfer after retrial or cracked retrial and before sentencing hearing (new litigator	10%	Trial	Claim for one day or for the length of the sentencing hearing if longer than one day.

PART 5 E+W Fixed Fees

General provisions E+W

14.—(1) All work undertaken by a litigator in a case to which Part 3 applies is included within the fee set out in paragraph 11 except for a defendant uplift as provided for in paragraph 22.

(2) Except as provided under this Part, remuneration for all work undertaken by a litigator in a case to which Part 2 applies is included within the fee set out in Part 2 of this Schedule as appropriate to—

(a) the offence for which the assisted person is charged or tried;

(b) whether the case is a cracked trial, guilty plea or trial; and

(c) the number of pages of prosecution evidence.

Fees for appeals and committals for sentence hearings E+W

15.  The fee payable to a litigator instructed in—

(a) an appeal against conviction from a magistrates' court;

(b) an appeal against sentence from a magistrates' court; or

(c) a sentencing hearing following a committal for sentence to the Crown Court,

is that set out in the table following paragraph 19.

Fees for hearing subsequent to sentence E+W

16.—(1) The fee payable to a litigator instructed in relation to a hearing under an enactment listed in sub-paragraph (2) is that set out in the table following paragraph 19.

(2) The enactments are—

(a) section 1CA of the Crime and Disorder Act 1998 M34 (variation and discharge of orders under section 1C);

(b) section 155 of the Powers of Criminal Courts (Sentencing) Act 2000 M35 (alteration of Crown Court sentence);

(c) section 74 of the Serious Organised Crime and Police Act 2005 M36 (assistance by defendant: review of sentence).

Marginal Citations

M34 1998 c. 37. Section 1CA was inserted by section 140 of the Serious Organised Crime and Police Act 2005 (c. 15).

M35 2000 c. 6.

M36 2005 c. 15.

Fees for contempt proceedings E+W

17.—(1) This paragraph applies to proceedings referred to in section 14(g) of the Act in the Crown Court.

(2) Where, in proceedings to which this paragraph applies, the contempt is alleged to have been committed by a person other than a defendant in a case to which this Schedule applies, remuneration for litigators must be at the rate set out in the table following paragraph 19.

(3) Where, in proceedings to which this paragraph applies, the contempt is alleged to have been committed by the defendant in a case to which this Schedule applies, all work undertaken by the litigator is included within—

(a) the fee payable under Part 2 of this Schedule, or

(b) in proceedings under paragraph 15 or paragraph 18, the fixed fee set out in the table following paragraph 19.

Fees for alleged breaches of a Crown Court order E+W

18.—(1) This paragraph applies to proceedings in the Crown Court against one assisted person arising out of a single alleged breach of an order of the Crown Court.

(2) The fee payable to the litigator in respect of the proceedings to which this paragraph applies is that set out in the table following paragraph 19.

Fixed Fees E+W

19.  The table following this paragraph sets out the fixed fees payable in relation to the category of work specified in the first column of the table.

Fixed Fees

[F69 Types of proceedings	Paragraph providing for fee	Fee payable – (£ per proceedings)
Appeal against sentence from a magistrates’ court	15	140.42
Appeal against conviction from a magistrates’ court	15	315.96
Committal for sentence	15	210.64
Hearing subsequent to sentence	16	140.42
Contempt proceedings (where contempt is alleged to have been committed by a person other than the defendant)	17(2)	105.32
Alleged breach of a Crown Court order	18(2)	70.22]

Textual Amendments

F69 Sch. 2 para. 19 table substituted (1.7.2015) by The Criminal Legal Aid (Remuneration etc.) (Amendment) Regulations 2015 (S.I. 2015/1369), reg. 1(2)(a), Sch. 1 para. 6 (with reg. 2(1))

Fees for special preparation E+W

20.—(1) This paragraph applies in any case on indictment in the Crown Court—

(a) where a documentary or pictorial exhibit is served by the prosecution in electronic form and—

(i) the exhibit has never existed in paper form; and

(ii) the appropriate officer does not consider it appropriate to include the exhibit in the pages of prosecution evidence; or

(b) in respect of which a fee is payable under Part 2 (other than paragraph 7), where the number of pages of prosecution evidence, as so defined, exceeds 10,000,

and the appropriate officer considers it reasonable to make a payment in excess of the fee payable under Part 2.

(2) Where this paragraph applies, a special preparation fee may be paid, in addition to the fee payable under Part 2.

(3) The amount of the special preparation fee must be calculated from the number of hours which the appropriate officer considers reasonable—

(a) where sub-paragraph (1)(a) applies, to view the prosecution evidence; and

(b) where sub-paragraph (1)(b) applies, to read the excess pages,

and in each case using the rates specified in the table following paragraph 27.

(4) A litigator claiming a special preparation fee must supply such information and documents as may be required by the appropriate officer in support of the claim.

(5) In determining a claim under this paragraph, the appropriate officer must take into account all the relevant circumstances of the case.

Discontinuance or dismissal of sent or transferred proceedings E+W

21.—(1) This paragraph applies to proceedings which are—

(a) sent for trial to the Crown Court; or

(b) transferred to the Crown Court under—

(i) section 4 of the Criminal Justice Act 1987 (transfer of serious fraud cases); or

(ii) section 53 of the Criminal Justice Act 1991 (transfer of certain cases involving children).

(2) Where proceedings to which this paragraph applies are discontinued by a notice served under section 23A of the Prosecution of Offences Act 1985 (discontinuance of proceedings after accused has been sent for trial) at any time before the prosecution serves its evidence in accordance with the Crime and Disorder Act 1998 (Service of Prosecution Evidence) Regulations 2005 M37 the litigator must be paid 50% of the basic fee for a guilty plea, as specified in the table following paragraph 6, as appropriate to the offence for which the assisted person is charged.

(3) Where proceedings to which this paragraph applies are discontinued by a notice served under section 23A of the Prosecution of Offences Act 1985 (discontinuance of proceedings after accused has been sent for trial) at any time after the prosecution serves its evidence in accordance with the Crime and Disorder Act 1998 (Service of Prosecution Evidence) Regulations 2005, the litigator must be paid a fee calculated in accordance with paragraph 6, or, where appropriate, paragraph 8, as appropriate for representing an assisted person in a guilty plea.

(4) Where an application for dismissal is made under paragraph 2 of Schedule 3 to the Crime and Disorder Act 1988, section 6 of the Criminal Justice Act 1987 or paragraph 5 of Schedule 6 to the Criminal Justice Act 1991, and—

(a) the charge, or charges are dismissed and the assisted person is discharged; or

(b) the case is remitted to the magistrates' court in accordance with paragraph 10(3)(a), 13(2) or 15(3)(a) of Schedule 3 to the Crime and Disorder Act 1998,

the litigator instructed in the proceedings must be paid a fee calculated in accordance with paragraph 6, or where appropriate, paragraph 8, as appropriate for representing an assisted person in a guilty plea.

(5) Sub-paragraph (6) 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.

(6) Where, at a hearing to which this paragraph applies—

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

(b) the case is remitted to the magistrates' court in accordance with paragraph 10(3)(a), 13(2) or 15(3)(a) of Schedule 3 to the Crime and Disorder Act 1998,

the litigator must be paid a fee calculated in accordance with paragraph 6 or where appropriate paragraph 8, as appropriate for representing an assisted person in a guilty plea.

Marginal Citations

M37 S.I. 2005/902 as amended by S.I. 2012/1345.

Defendant uplifts E+W

22.—(1) Where a litigator represents more than one assisted person in proceedings referred to in paragraph 21(2), (3), (4) or (5), a defendant uplift is payable.

(2) The defendant uplift must be calculated in accordance with the table following this paragraph.

(3) In the table following this paragraph, the total fee means—

(a) the fee specified in sub-paragraph (2) of paragraph 21 where that sub-paragraph applies;

(b) the basic fee (B) specified in the table following paragraph 6, or, where appropriate, the initial fee specified in paragraph 8, where paragraph 21(3), (4) or (5) applies, as appropriate for the circumstances set out in that sub-paragraph; or

(c) where appropriate the fee set out in paragraph 11.

(4) In a case where the representation of one defendant would attract a fixed fee under Part 3 and the representation of one or more of the other defendants would attract a graduated fee under Part 2, the total fee in the table following this paragraph means the fee falling within sub-paragraph (3)(b).

Defendant uplifts

Total number of defendants represented by litigator	Percentage uplift to total fee
2-4	20%
5+	30%

Warrant for arrest E+W

23.—(1) This paragraph applies where—

(a) the assisted person fails to attend a hearing;

(b) at that hearing the court issues a warrant for the arrest of the assisted person, pursuant to section 7(1) of the Bail Act 1976 M38 (“the warrant”); and

(c) the case does not proceed in the absence of the assisted person.

(2) Where in a case on indictment the warrant is not executed within three months of the date on which it was issued, the fee payable to the litigator is—

(a) where the warrant is issued at or before the plea and case management hearing, the fee payable for a guilty plea in accordance with paragraph 6 or where appropriate paragraph 8;

(b) where the warrant is issued after the plea and case management hearing but before the trial, the fee payable for a cracked trial in accordance with paragraph 6 or where appropriate paragraph 8, as appropriate to the Class of Offence with which the assisted person is charged; and

(c) where the warrant is issued during the trial, and the trial is aborted as a result, the fee payable for a trial as if the trial had ended on the day the warrant was issued.

(3) Where the warrant is issued during the course of proceedings referred to in paragraph 15 or 18 the fee payable to the litigator is the fee set out in the table following paragraph 19, as appropriate to the type of proceedings.

(4) Sub-paragraph (5) applies where—

(a) a fee has been paid, or is payable, to the litigator in accordance with sub-paragraph (2);

(b) the warrant is executed within 15 months of the date on which it was issued;

(c) the case proceeds after the warrant has been executed; and

(d) the litigator submits a claim for fees for the determination of the litigator's overall remuneration in the case, in accordance with regulation 5.

(5) Where this sub-paragraph applies—

(a) the appropriate officer must deduct the amount paid or payable in accordance with sub-paragraph (2) from the amount payable to the litigator on the final determination of fees in the case; and

(b) if the fee paid or payable in accordance with sub-paragraph (2) is greater than the amount payable to the litigator on the final determination of fees in the case, the appropriate officer may recover the amount of the difference by way of repayment by the litigator.

Marginal Citations

M38 1976 c. 63.

PART 6 E+W Miscellaneous

Additional charges E+W

24.—(1) Where an assisted person is charged with more than one offence on one indictment, the fee payable to the litigator under this Schedule must be based on whichever of those offences the litigator selects.

(2) Where a litigator selects one offence, in preference to another offence, under sub-paragraph (1) that selection does not affect the litigator's right to claim any of the fees provided for in Part 5 of this Schedule to which the litigator would otherwise have been entitled.

Assisted person unfit to plead or stand trial E+W

25.  Where in any case a hearing is held to determine the question of whether the assisted person is unfit to plead or to stand trial (a “fitness hearing”)—

(a) if a trial on indictment is held, or continues, at any time thereafter, the length of the fitness hearing is included in determining the length of the trial for the calculation of the fee in accordance with Part 2;

(b) if a trial on indictment is not held, or does not continue, thereafter by reason of the assisted person being found unfit to plead or to stand trial, the litigator must be paid—

(i) a fee calculated in accordance with paragraph 7 or where appropriate paragraph 9, as appropriate to the combined length of—

(aa) the fitness hearing; and

(bb) any hearing under section 4A of the Criminal Procedure (Insanity) Act 1964 M39 (finding that the accused did the act or made the omission charged against him); or

(ii) a fee calculated in accordance with paragraph 6, or where appropriate paragraph 8, as appropriate, for representing an assisted person in a cracked trial,

whichever the litigator elects; and

(c) if at any time the assisted person pleads guilty to the indictable offence, the litigator must be paid either—

(i) a fee calculated in accordance with paragraph 7 or, where appropriate, paragraph 9, as appropriate to the length of the fitness hearing; or

(ii) a fee calculated in accordance with paragraph 6 or, where appropriate, paragraph 8, as appropriate for representing an assisted person in a guilty plea,

whichever the litigator elects.

Marginal Citations

M39 1964 c. 84, as amended by section 2 of the Criminal Procedure (Insanity and Unfitness to Plead) Act 1991 (c. 25) and section 22 of the Domestic Violence Crime and Victims Act 2004 (c. 28).

Fees for confiscation proceedings E+W

26.—(1) This paragraph applies to—

(a) proceedings under Part 2 of the Proceeds of Crime Act 2002 M40 (confiscation: England and Wales);

(b) proceedings under section 2 of the Drug Trafficking Act 1994 M41 (confiscation orders); and

(c) proceedings under section 71 of the Criminal Justice Act 1988 M42 (confiscation orders).

(2) Where this paragraph applies, the appropriate officer may allow work done in the following classes by a litigator—

(a) preparation, including taking instructions, interviewing witnesses, ascertaining the prosecution case, preparing and perusing documents, dealing with letters and telephone calls, instructing an advocate and expert witnesses, conferences, consultations and work done in connection with advice on appeal;

(b) attending at court where an advocate is instructed, including conferences with the advocate at court;

(c) travelling and waiting; and

(d) writing routine letters and dealing with routine telephone calls.

(3) The appropriate officer must consider the claim, any further particulars, information or documents submitted by the litigator under regulation 5 and any other relevant information and must allow such work as appears to him to have been reasonably done in the proceedings.

(4) Subject to sub-paragraph (3), the appropriate officer must allow fees under this paragraph in accordance with paragraph 27.

(5) The appropriate officer must allow fees in accordance with paragraphs 27 to 29 as appropriate to such of the following grades of fee earner as the appropriate officer considers reasonable—

(a) senior solicitor;

(b) solicitor, legal executive or fee earner of equivalent experience; or

(c) trainee or fee earner of equivalent experience.

Marginal Citations

M40 2002 c. 29.

M41 1994 c. 37.

M42 1988 c. 33.

Prescribed fee rates E+W

27.  Subject to paragraphs 28 and 29, for proceedings in the Crown Court to which paragraph 26 applies the appropriate officer must allow fees for work under paragraph 26(2) at the following prescribed rates—

[F70 Class of work	Grade of fee earner	Rate	Variations
Preparation	Senior solicitor	£43.73 per hour	£45.99 per hour for a fee earner whose office is situated within the City of London or a London borough
	Solicitor, legal executive or fee earner of equivalent experience	£37.13 per hour	£38.98 per hour for a fee earner whose office is situated within the City of London or a London borough
	Trainee or fee earner of equivalent experience	£24.54 per hour	£28.05 per hour for a fee earner whose office is situated within the City of London or a London borough
Attendance at court where more than one representative instructed	Senior solicitor	£34.86 per hour
	Solicitor, legal executive or fee earner of equivalent experience	£28.05 per hour
	Trainee or fee earner of equivalent experience	£16.91 per hour
Travelling and waiting	Senior solicitor	£20.42 per hour
	Solicitor, legal executive or fee earner of equivalent experience	£20.42 per hour
	Trainee or fee earner of equivalent experience	£10.31 per hour
Writing routine letters and dealing with routine telephone calls		£2.85 per item	£2.97 per item for a fee earner whose office is situated within the City of London or a London borough]

Textual Amendments

F70 Sch. 2 para. 27 table substituted (1.7.2015) by The Criminal Legal Aid (Remuneration etc.) (Amendment) Regulations 2015 (S.I. 2015/1369), reg. 1(2)(a), Sch. 1 para. 7 (with reg. 2(1))

Allowing fees at less than the prescribed rates E+W

28.  In respect of any item of work, the appropriate officer may allow fees at less than the relevant prescribed rate specified in paragraph 27 where it appears to the appropriate officer reasonable to do so having regard to the competence and despatch with which the work was done.

Allowing fees at more than the prescribed rates E+W

29.—(1) Upon a determination the appropriate officer may, subject to the provisions of this paragraph, allow fees at more than the relevant prescribed rate specified in paragraph 27 for preparation, attendance at court where more than one representative is instructed, routine letters written and routine telephone calls, in respect of offences in Class A, B, C, D, G, I, J or K in the Table of Offences.

(2) The appropriate officer may allow fees at more than the prescribed rate where it appears to the appropriate officer, taking into account all the relevant circumstances of the case, that—

(a) the work was done with exceptional competence, skill or expertise;

(b) the work was done with exceptional despatch; or

(c) the case involved exceptional complexity or other exceptional circumstances.

(3) Paragraph 3 of Schedule 1 applies to litigators in respect of proceedings in the Crown Court as it applies to advocates.

(4) Where the appropriate officer considers that any item or class of work should be allowed at more than the prescribed rate, the appropriate officer must apply to that item or class of work a percentage enhancement in accordance with the following provisions of this paragraph.

(5) In determining the percentage by which fees should be enhanced above the prescribed rate the appropriate officer must have regard to—

(a) the degree of responsibility accepted by the fee earner;

(b) the care, speed and economy with which the case was prepared; and

(c) the novelty, weight and complexity of the case.

(6) The percentage above the relevant prescribed rate by which fees for work may be enhanced must not exceed 100%.

(7) The appropriate officer may have regard to the generality of proceedings to which these Regulations apply in determining what is exceptional within the meaning of this paragraph.

Regulation 6

SCHEDULE 3 E+W Proceedings in the Court of Appeal

General Provisions E+W

1.—(1) The provisions of this Schedule apply to proceedings in the Court of Appeal.

(2) In determining fees the appropriate officer must, subject to the provisions of this Schedule—

(a) take into account all the relevant circumstances of the case including the nature, importance, complexity or difficulty of the work and the time involved; and

(b) allow a reasonable amount in respect of all work actually and reasonably done.

Claims for fees and disbursements by litigators E+W

2.—(1) Subject to regulation 31, no claim by a litigator for fees and disbursements in respect of work done in proceedings in the Court of Appeal pursuant to a section 16 determination must be entertained unless the litigator submits it within three months of the conclusion of the proceedings to which it relates.

(2) Subject to sub-paragraph (3), a claim for fees in proceedings in the Court of Appeal must be submitted to the appropriate officer in such form and manner as the appropriate officer may direct and must be accompanied by the representation order and any receipts or other documents in support of any disbursement claimed.

(3) A claim must—

(a) summarise the items of work done by a fee earner in respect of which fees are claimed according to the classes specified in paragraph 3(1);

(b) state, where appropriate, the dates on which the items of work were done, the time taken, the sums claimed and whether the work was done for more than one assisted person;

(c) specify, where appropriate, the level of fee earner who undertook each of the items of work claimed;

(d) give particulars of any work done in relation to more than one indictment or a retrial; and

(e) specify any disbursements claimed, the circumstances in which they were incurred and the amounts claimed in respect of them.

(4) Where the litigator claims that paragraph 8(1) applies in relation to an item of work, the litigator must give full particulars in support of the claim.

(5) The litigator must specify any special circumstances which the litigator considers should be drawn to the attention of the appropriate officer.

(6) The litigator must supply such further information and documents as the appropriate officer may require.

(7) Where a retrospective section 16 determination has been made under regulations made under section 19 of the Act in respect of any proceedings where an appellant has been successful on appeal and granted a defendant's costs order under section 16(4) of the Prosecution of Offences Act 1985 M43 (defence costs), the litigator must certify that no claim for fees incurred before the retrospective section 16 determination was made has been or will be made from central funds in relation to that work.

Marginal Citations

M43 1985 c. 23.

Determination of litigators' fees E+W

3.—(1) The appropriate officer may allow work done in the following classes by fee earners—

(a) preparation, including taking instructions, interviewing witnesses, ascertaining the prosecution case, advising on plea and mode of trial, preparing and perusing documents, dealing with letters and telephone calls which are not routine, preparing for advocacy, instructing an advocate and expert witnesses, conferences, consultations, views and work done in connection with advice on appeal;

(b) advocacy, including applications for bail and other applications to the court;

(c) attending at court where an advocate is assigned, including conferences with the advocate at court;

(d) travelling and waiting; and

(e) writing routine letters and dealing with routine telephone calls.

(2) The appropriate officer must consider the claim, any further information or documents submitted by the fee earner under paragraph 2 and any other relevant information and must allow—

(a) such work as appears to the appropriate officer to have been reasonably done pursuant to the section 16 determination (including any representation or advice which is deemed to be work done pursuant to that determination) by a fee earner, classifying such work according to the classes specified in sub-paragraph (1) as the appropriate officer considers appropriate; and

(b) such time in each class of work allowed by him (other than routine letters written and routine telephone calls) as the appropriate officer considers reasonable.

(3) The fees allowed in accordance with this Schedule are those appropriate to such of the following grades of litigator as the appropriate officer considers reasonable—

(a) senior solicitor;

(b) solicitor, legal executive or fee earner of equivalent experience; or

(c) trainee or fee earner of equivalent experience.

Determination of litigators' disbursements E+W

4.  The appropriate officer must allow such disbursements claimed under paragraph 2 as appear to the appropriate officer to have been reasonably incurred, provided that—

(a) if they are abnormally large by reason of the distance of the court or the assisted person's residence or both from the litigator's place of business, the appropriate officer may limit reimbursement of the disbursements to what otherwise would, having regard to all the circumstances, be a reasonable amount; and

(b) the cost of a transcript, or any part thereof, of the proceedings in the court from which the appeal lies obtained otherwise than through the registrar must not be allowed except where the appropriate officer considers that it is reasonable in all the circumstances for such disbursement to be allowed.

Claims for fees by advocates E+W

5.—(1) Subject to regulation 31, a claim by an advocate for fees for work done in proceedings in the Court of Appeal pursuant to a section 16 determination must not be entertained unless the advocate submits it within three months of the conclusion of the proceedings to which the section 16 determination relates.

(2) Where the advocate claims that paragraph 9(4) applies in relation to an item of work the advocate must give full particulars in support of his claim.

(3) Subject to sub-paragraph (4), a claim for fees by an advocate in proceedings in the Court of Appeal must be submitted to the appropriate officer in such form and manner as the appropriate officer may direct.

(4) A claim must—

(a) summarise the items of work done by an advocate in respect of which fees are claimed according to the classes specified in paragraph 6(2);

(b) state, where appropriate, the dates on which the items of work were done, the time taken, the sums claimed and whether the work was done for more than one assisted person; and

(c) give particulars of any work done in relation to more than one indictment or a retrial.

(5) The advocate must specify any special circumstances which the advocate considers should be drawn to the attention of the appropriate officer.

(6) The advocate must supply such further information and documents as the appropriate officer may require.

Determination of advocates' fees E+W

6.—(1) The appropriate officer must consider the claim, any further particulars and information submitted by an advocate under paragraph 5 and any other relevant information and must allow such work as appears to the appropriate officer to have been reasonably done.

(2) The appropriate officer may allow any of the following classes of fee to an advocate in respect of work allowed by him under this paragraph—

(a) a basic fee for preparation including preparation for a pre-trial review and, where appropriate, the first day's hearing including, where they took place on that day, short conferences, consultations, applications and appearances (including bail applications), views and any other preparation;

(b) a refresher fee for any day or part of a day during which a hearing continued, including, where they took place on that day, short conferences, consultations, applications and appearances (including bail applications), views at the scene of the alleged offence and any other preparation;

(c) subsidiary fees for—

(i) attendance at conferences, consultations and views at the scene of the alleged offence not covered by paragraph (a) or (b);

(ii) written advice on evidence, plea or appeal or other written work; and

(iii) attendance at pre-trial reviews, applications and appearances (including bail applications and adjournments for sentence) not covered by paragraph (a) or (b).

(3) Where a section 16 determination provides for representation by—

(a) a single advocate other than a QC; or

(b) two advocates other than QC,

and a QC agrees to appear as the single advocate or as a leading junior, that QC must be treated for all the purposes of this Schedule as having been instructed pursuant to that section 16 determination, and the remuneration of the QC must be determined as if the advocate were not a QC.

Litigators' fees for proceedings in the Court of Appeal E+W

7.—(1) For proceedings in the Court of Appeal the appropriate officer must allow fees for work by litigators at the following prescribed rates—

[F71 Class of work	Grade of fee earner	Rate	Variations
Preparation	Senior solicitor	£43.73 per hour	£45.99 per hour for a litigator whose office is situated within the City of London or a London borough
	Solicitor, legal executive or fee earner of equivalent experience	£37.13 per hour	£38.98 per hour for a litigator whose office is situated within the City of London or a London borough
	Trainee or fee earner of equivalent experience	£24.54 per hour	£28.05 per hour for a litigator whose office is situated within the City of London or a London borough
Advocacy	Senior Solicitor	£52.80 per hour
	Solicitor	£46.20 per hour
Attendance at court where more than one representative assigned	Senior Solicitor	£34.86 per hour
	Solicitor, legal executive or fee earner of equivalent experience	£28.05 per hour
	Trainee or fee earner of equivalent experience	£16.91 per hour
Travelling and waiting	Senior Solicitor	£20.42 per hour
	Solicitor, legal executive or fee earner of equivalent experience	£20.42 per hour
	Trainee or fee earner of equivalent experience	£10.31 per hour
Routine letters written and routine telephone calls		£2.85 per item	£2.97 per item for a litigator whose office is situated within the City of London or a London borough]

(2) In respect of any item of work, the appropriate officer may allow fees at less than the relevant prescribed rate specified in the table following sub-paragraph (1) where it appears to the appropriate officer reasonable to do so having regard to the competence and despatch with which the work was done.

Textual Amendments

F71 Sch. 3 para. 7(1) table substituted (1.7.2015) by The Criminal Legal Aid (Remuneration etc.) (Amendment) Regulations 2015 (S.I. 2015/1369), reg. 1(2)(a), Sch. 2 para. 1 (with reg. 2(1))

Allowance of litigators' fees at more than the prescribed rate E+W

8.—(1) Upon a determination of fees the appropriate officer may, subject to the provisions of this paragraph, allow fees at more than the relevant prescribed rate specified in paragraph 7 for preparation, advocacy, attendance at court where more than one representative is assigned, routine letters written and routine telephone calls, in respect of offences in Class A, B, C, D, G, I, J or K in the Table of Offences in Part 7 of Schedule 1.

(2) The appropriate officer may allow fees at more than the prescribed rate where it appears to the appropriate officer, taking into account all the relevant circumstances of the case, that—

(a) the work was done with exceptional competence, skill or expertise;

(b) the work was done with exceptional despatch; or

(c) the case involved exceptional complexity or other exceptional circumstances.

(3) Paragraph 3 of Schedule 1 applies to litigators in respect of proceedings in the Court of Appeal as it applies to advocates.

(4) Where the appropriate officer considers that any item or class of work should be allowed at more than the prescribed rate, the appropriate officer must apply to that item or class of work a percentage enhancement in accordance with the following provisions of this paragraph.

(5) In determining the percentage by which fees should be enhanced above the prescribed rate the appropriate officer may have regard to—

(a) the degree of responsibility accepted by the fee earner;

(b) the care, speed and economy with which the case was prepared; and

(c) the novelty, weight and complexity of the case.

(6) The percentage above the relevant prescribed rate by which fees for work may be enhanced must not exceed 100%.

(7) The appropriate officer may have regard to the generality of proceedings to which these Regulations apply in determining what is exceptional within the meaning of this paragraph.

Advocates' fees for proceedings in the Court of Appeal E+W

9.—(1) Subject to sub-paragraph 9(4), for proceedings in the Court of Appeal the appropriate officer must allow fees for work by advocates at the following prescribed rates—

Junior Counsel

Types of proceedings	Basic fee	Full day refresher	Subsidiary fees
			Attendance at consultation, conferences and views	Written work	Attendance at pre-trial reviews, applications and other appearances
All appeals	Maximum amount: £545 per case	Maximum amount: £178.75 per day	£33.50 per hour, minimum amount: £16.75	Maximum amount: £58.25 per item	Maximum amount: £110 per appearance

QC

Types of proceedings	Basic fee	Full day refresher	Subsidiary fees
			Attendance at consultation, conferences and views	Written work	Attendance at pre-trial reviews, applications and other appearances
All appeals	Maximum amount: £5,400 per case	Maximum amount: £330.50 per day	£62.50 per hour, minimum amount: £32	Maximum amount: £119.50 per item	Maximum amount: £257.50 per appearance

(2) Where an hourly rate is specified in the table following sub-paragraph (1), the appropriate officer must determine any fee for such work in accordance with that hourly rate, provided that the fee determined must not be less than the minimum amount specified.

(3) Where a refresher fee is claimed in respect of less than a full day, the appropriate officer must allow such fee as appears to the appropriate officer reasonable having regard to the fee which would be allowable for a full day.

(4) Where it appears to the appropriate officer, taking into account all the relevant circumstances of the case, that owing to the exceptional circumstances of the case the amount payable by way of fees in accordance with the table following sub-paragraph (1) would not provide reasonable remuneration for some or all of the work the appropriate officer has allowed, the appropriate officer may allow such amounts as appear to the appropriate officer to be reasonable remuneration for the relevant work.

Payment of fees E+W

10.—(1) Having determined the fees payable to a representative in accordance with the terms of this Schedule, the appropriate officer must notify the representative of the fees payable and authorise payment accordingly.

(2) Where, as a result of any redetermination or appeal made or brought pursuant to paragraph 11, the fees payable under paragraph (1) are altered—

(a) if they are increased, the appropriate officer must authorise payment of the increase; and

(b) if they are decreased, the representative must repay the amount of such decrease.

(3) Where the payment of any fees of the representative is ordered under regulation 29(12) or regulation 30(8), the appropriate officer must authorise payment.

Redeterminations and appeals E+W

11.—(1) Where a representative is dissatisfied with—

(a) the fees determined in accordance with the provisions of this Schedule; or

(b) the decision of the appropriate officer under paragraph 3(3) of Schedule 1,

he may apply to the appropriate officer to redetermine those fees or reclassify the offence, in accordance with the provisions of regulation 28(3) to (9).

(2) Where—

(a) a representative has made an application to the appropriate officer under sub-paragraph (1); and

(b) the appropriate officer has given his reasons for a decision under regulation 28(7),

a representative who is dissatisfied with that decision may appeal to a Costs Judge, in accordance with the provisions of regulation 29(2) to (14).

(3) A representative who is dissatisfied with the decision of a Costs Judge on an appeal under sub-paragraph (2) may apply to a Costs Judge to certify a point of principle of general importance, and the provisions of regulation 30(2) to (8) apply.

Regulation 8

SCHEDULE 4 E+W Rates payable for the claims specified in Regulation 8

Interpretation of this Schedule E+W

[F72 1.   In this Schedule—

(a) unless the context otherwise requires, words and expressions have the same meaning as in the 2010 Standard Crime Contract, and

(b) “the 2014 Act” means the Anti-social Behaviour, Crime and Policing Act 2014.]

Textual Amendments

F72 Sch. 4 para. 1 substituted (23.3.2015) by The Civil and Criminal Legal Aid (Remuneration) (Amendment) Regulations 2015 (S.I. 2015/325), regs. 1, 3(5)

Work conducted at the Police station: Police Station advice and assistance. E+W

2.—(1) The Fixed Fee for Police Station Telephone Advice is—

(a) [F73 £25.95] per claim in London; and

(b) [F74 £24.96] per claim outside London (“National”).

(2) The Criminal Defence Direct Fixed Acceptance Fee is [F75 £6.60] per Matter.

(3) The hourly rates for Police Station attendance (for recording time and to determine whether the Escape Fee Threshold has been reached) are specified in the table following this sub-paragraph.

	[F76 London (£)	National (£)
Police Station attendance hourly rates
Own or Duty Solicitor	46.37	42.90
Duty Solicitor (Unsocial Hours)	56.97	56.97
Duty Solicitor – serious offence rate	53.63	49.50
Duty Solicitor – serious offence rate (Unsocial Hours)	66.00	66.00
Travel and waiting hourly rates
Own Solicitor	23.76	23.76
Duty Solicitor	46.37	42.90
Duty Solicitor (Unsocial Hours)	56.97	56.97]

(4) The table following sub-paragraph (8) sets out—

(a) the Police Station Attendance Fixed Fees; and

(b) the Escape Fee Thresholds applicable to Police Station attendance.

(5) The figures in columns 3 and 4 of the table following sub-paragraph (8) apply to attendance at a police station listed as being within the corresponding Scheme referred to in column 2.

(6) Where attendance is at a place where an interviewing Constable is present, and that place is not a police station listed as being within a Scheme, the relevant Scheme in column 2 is—

(a) the Scheme within which the police station at which the interviewing Constable is normally based is listed; or

(b) where the interviewing Constable is not normally based at a police station listed as being within a Scheme, the Scheme within which the police station nearest to the place of attendance is listed.

(7) Where attendance is at a place where a Services Person is assisting with an investigation by Services Police, the relevant Scheme in column 2 is the Scheme within which the police station nearest to the place of attendance is listed.

(8) In sub-paragraphs (5), (6) and (7), “listed” means listed in the table set out in Annex A to the 2010 Standard Crime Contract Guidance for reporting crime lower work M44 .

Police Station Attendance – Fixed Fees and Escape Fee Thresholds

[F77 Criminal Justice System Area	Scheme	Fixed Fee (£)	Escape Fee Threshold (£)
Cleveland	Hartlepool	118.80	366.52
	Teesside	122.93	377.04
Durham	Darlington	139.72	419.17
	South Durham	137.78	423.37
	Durham	160.88	501.31
	Derwentside	155.17	465.52
	Easington	150.98	463.39
Northumbria	South East Northumberland	134.10	402.31
	Newcastle upon Tyne	124.58	383.35
	Gateshead	129.20	387.59
	North Tyneside	127.05	389.69
	South Tyneside	120.45	370.73
	Sunderland / Houghton Le Spring	134.48	414.96
	Berwick & Alnwick	160.05	492.90
	Tynedale & Hexham	139.43	429.71
Avon & Somerset	Avon North & Thornbury	160.88	507.65
	Bath	174.83	524.48
	Mendip & South Somerset	195.90	587.69
	Bristol	144.64	433.92
	Sedgemoor / Taunton Deane	164.18	556.08
	Weston-Super-Mare	163.60	490.79
Dorset	Central Dorset	165.00	495.00
	Bournemouth & Christchurch	131.30	393.90
	Poole East Dorset	138.60	425.48
	Bridport / West Dorset	132.00	396.00
Wiltshire	Salisbury	157.58	484.46
	Chippenham / Trowbridge	169.92	509.75
	Swindon	155.10	478.15
Gloucestershire	Cheltenham	142.73	440.23
	Gloucester	140.25	431.81
	Stroud	160.88	495.00
Devon & Cornwall	Barnstaple	157.28	471.83
	Exeter	139.72	419.17
	Plymouth	162.20	486.59
	East Cornwall	179.85	610.85
	Carrick / Kerrier (Camborne) / Penwith	160.88	509.75
	Teignbridge / Torbay	147.53	442.33
Staffordshire	Stoke on Trent / Leek	160.88	509.75
	Stafford / Cannock & Rugeley	160.88	495.00
	Lichfield & Tamworth / Burton Upon Trent / Uttoxeter	155.93	480.25
Warwickshire	Leamington / Nuneaton / Rugby	161.49	484.46
West Mercia	Hereford / Leominster	140.42	421.27
	Kidderminster / Redditch	179.74	539.23
	Shrewsbury	150.15	461.29
	Telford	155.93	480.25
	Worcester	163.60	490.79
West Midlands	Sandwell	159.23	488.69
	Wolverhampton & Seisdon	159.23	488.69
	Dudley & Halesowen	156.58	469.73
	Walsall	160.88	497.10
	Birmingham	160.88	511.85
	Solihull	169.22	507.65
	Coventry	139.02	417.06
Dyfed Powys	Amman Valley	160.88	516.06
	Carmarthen East Dyfed	182.56	547.67
	Llanelli	125.40	385.46
	Brecon & Radnor	183.96	551.88
	Mid Wales	140.42	421.27
	North Ceredigion / South Ceredigion	184.66	553.98
	Pembrokeshire	150.98	465.52
Gwent	East Gwent	153.45	471.83
	Newport	150.98	463.39
	Lower Rhymney Valley / North Bedwellty / South Bedwellty	160.88	503.42
North Wales	Bangor & Caernarfon	171.32	513.96
	Colwyn Bay	156.75	482.35
	Denbighshire	170.62	511.85
	Dolgellau	170.62	511.85
	Mold & Hawarden	160.88	501.31
	North Anglesey	178.34	535.02
	Pwllheli	120.76	362.29
	Wrexham	146.04	438.12
South Wales	Cardiff	160.88	530.81
	Vale of Glamorgan	188.17	564.52
	Cynon Valley	160.88	509.75
	Mid Glamorgan & Miskin	160.88	530.81
	Merthyr Tydfil	160.88	526.61
	Port Talbot	198.00	669.83
	Newcastle & Ogmore	160.88	539.23
	Neath	163.35	553.98
	Swansea	155.10	478.15
Merseyside	Bootle & Crosby	146.85	450.77
	Southport	122.88	368.63
	Liverpool	162.20	486.59
	St Helens	138.60	427.61
	Knowsley	149.33	459.19
	Wirral	142.73	438.12
Cheshire	Crewe & Nantwich / Sandbach & Congleton / Macclesfield	159.23	488.69
	Warrington / Halton	139.72	419.17
	Chester / Vale Royal (Northwich)	145.34	436.02
Cumbria	Barrow in Furness	139.02	417.06
	Kendal & Windermere	165.70	497.10
	Penrith / Carlisle	156.58	469.73
	Whitehaven / Workington	129.90	389.69
Greater Manchester	Manchester	160.88	530.81
	Stockport	151.66	454.98
	Trafford	160.88	505.54
	Salford	160.88	516.06
	Bolton	148.85	446.56
	Bury	144.64	433.92
	Wigan	153.76	461.29
	Rochdale / Middleton	153.06	459.19
	Tameside	141.08	433.92
	Oldham	124.28	372.83
Lancashire	Burnley / Rossendale	146.74	440.23
	Blackburn / Accrington / Ribble Valley	160.88	524.48
	Blackpool	114.44	343.33
	Fleetwood	117.26	351.77
	Lancaster	143.94	431.81
	Chorley / Ormskirk / South Ribble & Leyland	157.98	473.94
	Preston	129.20	387.59
Kent	Dartford & Gravesend	210.64	631.92
	Ashford & Tenterden / Dover / Folkestone	185.63	629.81
	Medway	185.36	556.08
	Swale	219.76	659.29
	Maidstone & West Malling	195.90	587.69
	Canterbury / Thanet	160.88	545.56
	West Kent (Tonbridge)	188.17	564.52
Surrey	Guildford & Farnham	162.53	551.88
	North West Surrey (Woking)	177.38	602.42
	South East Surrey	187.28	636.12
	Epsom	189.75	644.56
	Staines	217.80	737.23
Sussex	Brighton & Hove & Lewes	165.83	562.39
	Chichester & District	146.85	450.77
	Crawley / Horsham	206.42	619.27
	Hastings	128.70	396.00
	Worthing	148.50	457.08
	Eastbourne	156.58	469.73
Derbyshire	East Derbyshire (Ripley) / Ilkeston	186.76	560.29
	Ashbourne / Matlock / High Peak (Buxton)	172.02	516.06
	Chesterfield	160.78	482.35
	Derby / Swadlincote	160.88	516.06
Leicestershire	Ashby & Coalville / Loughborough / Melton Mowbray	164.30	492.90
	Leicester	160.88	499.21
	Hinckley / Market Harborough	182.56	547.67
Lincolnshire	Boston, Bourne, Stamford	156.75	482.35
	Skegness	141.12	423.37
	Lincoln / Gainsborough	146.04	438.12
	Grantham & Sleaford	144.38	444.44
Nottinghamshire	Mansfield	145.20	446.56
	Newark	162.90	488.69
	Nottingham	162.20	486.59
	Worksop & East Retford	154.28	473.94
Northamptonshire	Corby (Kettering) / Wellingborough	142.54	427.61
	Northampton	154.46	463.39
Bedfordshire	Bedford	151.80	467.63
	Luton	160.88	543.44
Cambridgeshire	Cambridge	146.85	452.88
	Ely	160.88	520.27
	Huntingdon	156.58	469.73
	March & Wisbech	155.17	465.52
	Peterborough	129.20	387.59
Essex	Basildon	160.88	497.10
	Brentwood	225.23	764.63
	Braintree	179.85	608.75
	Clacton & Harwich / Colchester	160.88	509.75
	Grays	210.38	714.06
	Harlow & Loughton	210.38	714.06
	Stansted	232.65	789.90
	Rayleigh / Southend on Sea	150.96	452.88
	Chelmsford / Witham	159.23	490.79
Hertfordshire	Dacorum (Hemel Hempstead)	189.75	642.44
	Bishop’s Stortford / East Hertfordshire	230.18	781.46
	Stevenage & North Hertfordshire	213.68	724.61
	St. Albans	193.88	634.91
	Watford	190.58	646.67
Norfolk	Cromer & North Walsham	166.65	564.52
	Great Yarmouth	152.36	457.08
	Kings Lynn & West Norfolk	148.85	446.56
	Norwich & District	153.06	459.19
	Diss / Thetford	158.40	486.59
	Dereham	179.03	606.65
Suffolk	Lowestoft / Beccles & Halesworth / Aldeburgh	153.06	459.19
	Felixstowe / Ipswich & District / Woodbridge	155.88	467.63
	Sudbury & Hadleigh / Bury St. Edmunds / Haverhill / Newmarket	160.88	499.21
Thames Valley	Abingdon, Didcot & Witney (South Oxfordshire)	188.93	640.33
	Aylesbury	179.74	539.23
	High Wycombe & Amersham	172.43	585.59
	Milton Keynes	149.33	459.19
	Bicester / North Oxon (Banbury)	175.73	596.10
	Oxford	175.73	596.10
	Reading	170.62	511.85
	Slough (East Berkshire)	188.93	640.33
	West Berkshire (Newbury etc.)	157.98	473.94
Hampshire	Aldershot / Petersfield (North East Hampshire)	180.68	612.96
	Andover / Basingstoke / Winchester (North West Hampshire)	190.28	570.83
	Isle of Wight	155.17	465.52
	Portsmouth / Waterlooville (South East Hampshire)	159.38	478.15
	Gosport & Fareham	194.49	583.46
	Southampton (South West Hampshire)	179.74	539.23
Humberside	Grimsby & Cleethorpes	121.46	364.39
	Scunthorpe	130.35	402.31
	Hull	138.60	425.48
	Beverley / Bridlington	160.88	530.81
	Goole	165.00	558.19
North Yorkshire	Northallerton & Richmond	173.42	520.27
	Harrogate & Ripon	166.40	499.21
	Skipton, Settle & Ingleton	160.88	495.00
	Scarborough / Whitby	137.78	423.37
	Malton & Rydale	132.70	398.10
	York / Selby	144.38	444.44
South Yorkshire	Barnsley	143.55	442.33
	Doncaster	138.60	425.48
	Rotherham	146.85	452.88
	Sheffield	150.98	465.52
West Yorkshire	Halifax	157.28	471.83
	Huddersfield	132.70	398.10
	Dewsbury	143.94	431.81
	Bradford	122.93	379.15
	Keighley & Bingley	138.60	425.48
	Leeds	130.35	400.21
	Pontefract & Castleford	127.78	383.35
	Wakefield	126.23	387.59
London	Barking	202.95	688.79
	Bexley	181.50	615.06
	Bishopsgate	212.03	718.27
	Brent	198.00	669.83
	Brentford	201.30	682.46
	Bromley	191.40	648.77
	Camberwell Green	198.00	671.94
	Central London	214.50	726.71
	Clerkenwell / Hampstead	200.48	678.25
	Croydon	195.53	661.39
	Ealing	207.90	705.81
	Enfield	197.18	667.73
	Greenwich / Woolwich	188.93	640.33
	Haringey	203.78	690.90
	Harrow	198.00	671.94
	Havering	184.80	625.61
	Heathrow	248.33	842.56
	Hendon / Barnet	199.65	676.15
	Highbury Corner	207.90	703.54
	Kingston-Upon-Thames	206.25	699.31
	Newham	198.83	674.04
	Old Street	198.00	671.94
	Redbridge	203.78	690.90
	Richmond-Upon-Thames	217.80	737.23
	South London	207.90	703.54
	Sutton	197.18	667.73
	Thames	197.18	667.73
	Tower Bridge	210.38	714.06
	Uxbridge	190.58	646.67
	Waltham Forest	184.80	627.71
	West London	212.85	722.48
	Wimbledon	202.13	684.59]

Textual Amendments

F73 Sum in Sch. 4 para. 2(1)(a) substituted (1.7.2015) by The Criminal Legal Aid (Remuneration etc.) (Amendment) Regulations 2015 (S.I. 2015/1369), reg. 1(2)(a), Sch. 3 para. 2(a)(i) (with reg. 2(1))

F74 Sum in Sch. 4 para. 2(1)(b) substituted (1.7.2015) by The Criminal Legal Aid (Remuneration etc.) (Amendment) Regulations 2015 (S.I. 2015/1369), reg. 1(2)(a), Sch. 3 para. 2(a)(ii) (with reg. 2(1))

F75 Sum in Sch. 4 para. 2(2) substituted (1.7.2015) by The Criminal Legal Aid (Remuneration etc.) (Amendment) Regulations 2015 (S.I. 2015/1369), reg. 1(2)(a), Sch. 3 para. 2(b) (with reg. 2(1))

F76 Sch. 4 para. 2(3) table substituted (1.7.2015) by The Criminal Legal Aid (Remuneration etc.) (Amendment) Regulations 2015 (S.I. 2015/1369), reg. 1(2)(a), Sch. 3 para. 2(c) (with reg. 2(1))

F77 Sch. 4 para. 2(8) table substituted (1.7.2015) by The Criminal Legal Aid (Remuneration etc.) (Amendment) Regulations 2015 (S.I. 2015/1369), reg. 1(2)(a), Sch. 3 para. 2(d) (with reg. 2(1))

Marginal Citations

M44 A copy of the guidance is available at www.justice.gov.uk/legal-aid/submit-claim/cwa-online-claims/codes-guidance. Copies can be inspected at the Legal Aid Agency (Head Office), 102 Petty France, London, SW1H 9AJ.

Work conducted outside the Police Station E+W

3.—(1) The fixed amounts and hourly rates for free standing Advice and Assistance conducted outside the Police Station are specified in the table following this sub-paragraph and this Unit of Work is subject to an Upper Limit of [F78 £247.50].

Free standing Advice and Assistance

	[F79 London (£)	National (£)
Routine letters written and routine telephone calls per item	3.18	3.05
Preparation hourly rate	41.00	38.69
Travel and waiting hourly rate	21.70	21.70]

(2) The fixed amounts and hourly rates for Advocacy Assistance on a warrant of further detention are specified in Tables A and B following this sub-paragraph and this Unit of Work is subject to an Upper Limit of [F80 £1,237.50].

[F81 Table A

Advocacy Assistance on a warrant of further detention – magistrates’ court or judicial authority

	London (£)	National (£)
Routine letters written and telephone calls (per item)
Own Solicitor and Duty Solicitor	3.18	3.05
Duty Solicitor (Unsocial Hours)	4.21	4.04
Preparation hourly rate
Own Solicitor and Duty Solicitor	41.00	38.69
Duty Solicitor (Unsocial Hours)	54.70	51.56
Advocacy hourly rate
Own Solicitor and Duty Solicitor	48.68	48.68
Duty Solicitor (Unsocial Hours)	64.89	64.89
Travelling and waiting hourly rate
Own Solicitor and Duty Solicitor	21.70	21.70
Duty Solicitor (Unsocial Hours)	28.92	28.92]

[F82 Table B

Advocacy Assistance on a warrant of further detention – High Court or a senior judge

	London (£)	National (£)
Routine letter out per item	6.19	6.19
Routine telephone calls per item	3.42	3.42
All other preparation work, hourly rate	65.59	61.88
Attending counsel in conference or at the trial or hearing of any summons or application at court or other appointment, hourly rate	30.53	30.53
Attending without counsel at the trial or hearing of any cause or the hearing of any summons or application at court, or other appointment, hourly rate	61.88	61.88
Travelling and waiting, hourly rate	27.43	27.43]

(3) The fixed amounts and hourly rates for Advocacy Assistance in armed forces custody hearings are specified in the table following this sub-paragraph and this Unit of Work is subject to an Upper Limit of [F80 £1,237.50].

Advocacy Assistance for armed forces custody hearings

	[F83 London (£)	National (£)
Routine letters written and telephone calls (per item)
Own Solicitor and Duty Solicitor	3.18	3.05
Duty Solicitor (Unsocial Hours)	4.21	4.04
Preparation hourly rate
Own Solicitor and Duty Solicitor	41.00	38.69
Duty Solicitor (Unsocial Hours)	54.70	51.56
Advocacy hourly rate
Own Solicitor and Duty Solicitor	48.68	48.68
Duty Solicitor (Unsocial Hours)	64.89	64.89
Travelling and waiting hourly rate
Own Solicitor and Duty Solicitor	21.70	21.70
Duty Solicitor (Unsocial Hours)	28.92	28.92]

(4) The fixed amounts and hourly rates for Advocacy Assistance in the magistrates' court in connection with an application to vary police bail conditions are specified in the table following this sub-paragraph and this Unit of Work is subject to an Upper Limit of [F80 £1,237.50].

Advocacy Assistance in the magistrates’ court in connection with an application to vary police bail conditions

	[F84 London (£)	National (£)
Routine letters written and telephone calls per item	3.34	3.22
Preparation hourly rate	43.35	41.00
Advocacy hourly rate	51.44	51.44
Travelling and waiting hourly rate	21.70	21.70]

Textual Amendments

F78 Sum in Sch. 4 para. 3(1) substituted (1.7.2015) by The Criminal Legal Aid (Remuneration etc.) (Amendment) Regulations 2015 (S.I. 2015/1369), reg. 1(2)(a), Sch. 3 para. 3(a) (with reg. 2(1))

F79 Sch. 4 para. 3(1) table substituted (1.7.2015) by The Criminal Legal Aid (Remuneration etc.) (Amendment) Regulations 2015 (S.I. 2015/1369), reg. 1(2)(a), Sch. 3 para. 3(b) (with reg. 2(1))

F80 Word in Sch. 4 substituted (1.7.2015) by The Criminal Legal Aid (Remuneration etc.) (Amendment) Regulations 2015 (S.I. 2015/1369), reg. 1(2)(a), Sch. 3 para. 1 (with reg. 2(1))

F81 Sch. 4 para. 3(2) substituted (1.7.2015) by The Criminal Legal Aid (Remuneration etc.) (Amendment) Regulations 2015 (S.I. 2015/1369), reg. 1(2)(a), Sch. 3 para. 3(c) (with reg. 2(1))

F82 Sch. 4 para. 3(2) table substituted (1.7.2015) by The Criminal Legal Aid (Remuneration etc.) (Amendment) Regulations 2015 (S.I. 2015/1369), reg. 1(2)(a), Sch. 3 para. 3(c) (with reg. 2(1))

F83 Sch. 4 para. 3(3) table substituted (1.7.2015) by The Criminal Legal Aid (Remuneration etc.) (Amendment) Regulations 2015 (S.I. 2015/1369), reg. 1(2)(a), Sch. 3 para. 3(d) (with reg. 2(1))

F84 Sch. 4 para. 3(4) table substituted (1.7.2015) by The Criminal Legal Aid (Remuneration etc.) (Amendment) Regulations 2015 (S.I. 2015/1369), reg. 1(2)(a), Sch. 3 para. 3(e) (with reg. 2(1))

Advice and Assistance and Advocacy Assistance by a court Duty Solicitor and Advocacy Assistance at the virtual court E+W

4.—(1) The hourly rates for Advice and Assistance and Advocacy Assistance by a court Duty Solicitor are specified in the table following this sub-paragraph.

Advice and Assistance and Advocacy Assistance by a court Duty Solicitor

	[F85 London (£)	National (£)
Standard hourly rate (attendance and waiting at a magistrates’ court)	45.50	44.43
Enhanced hourly rate (only payable in respect of work done on a day which is not a Business Day)	56.84	55.52
Travelling hourly rate (only payable where the Duty Solicitor is called out (including being called to return) to the court from the Office or attends on a day that is not a Business Day. Reasonable travel expenses may also be claimed (where relevant)).	21.70	21.70]

(2) The Fixed Fees for Advocacy Assistance at the Virtual Court are specified in the table following this sub-paragraph.

Advocacy Assistance at the Virtual Court

	[F86 London (£)	National (£)
Virtual Court Fixed Fee where the hearing is held during Business Hours	165.00	123.75
Virtual Court Fixed Fee where the hearing is held during Unsocial hours	198.00	148.50]

Textual Amendments

F85 Sch. 4 para. 4(1) table substituted (1.7.2015) by The Criminal Legal Aid (Remuneration etc.) (Amendment) Regulations 2015 (S.I. 2015/1369), reg. 1(2)(a), Sch. 3 para. 4(a) (with reg. 2(1))

F86 Sch. 4 para. 4(2) table substituted (1.7.2015) by The Criminal Legal Aid (Remuneration etc.) (Amendment) Regulations 2015 (S.I. 2015/1369), reg. 1(2)(a), Sch. 3 para. 4(b) (with reg. 2(1))

Representation in the Magistrates' Court E+W

5.—(1) The fixed amounts and hourly rates [F87 for representation in a magistrates’ court (except where paragraph 5A applies)] for—

(a) recording time and to determine whether the Lower or Higher Standard Fee Limit has been reached; and

(b) claiming costs in cases which fall outside the Standard Fee payment scheme,

are specified in the table following this sub-paragraph.

Representation in a magistrates’ court

	[F88 All Areas
Routine letters written and telephone calls per item	£3.22
Preparation hourly rate	£41.00
Advocacy hourly rate (including applications for bail and other applications to the court)	£51.44
Hourly rate for attendance at court where Counsel is assigned (including conferences with Counsel at court)	£28.05
Travelling and waiting hourly rate (only claimable where the undesignated area fees apply)	£21.70]

(2) The table following this sub-paragraph sets out the fees and fee limits for the Standard Fee payment scheme for representation in a magistrates' court [F89 (except where paragraph 5A applies)].

Higher and Lower Standard Fees Table

	[F90 Lower Standard Fee (£)	Lower Standard Fee Limit (£)	Higher Standard Fee (£)	Higher Standard Fee Limit (£)
Designated Area Standard Fees
Category 1A	224.86	246.22	426.57	426.61
Category 1B	182.81	246.22	393.86	426.61
Category 2	312.23	422.98	653.99	704.88
Category 3	295.24	373.07	606.01	651.34
Undesignated Area Standard Fees
Category 1A	176.01	246.22	372.77	426.61
Category 1B	143.10	246.22	344.19	426.61
Category 2	252.66	422.98	579.48	704.88
Category 3	228.11	373.07	516.86	651.34]

(3) In the table following sub-paragraph (2)—

(a) the reference to “Category 1A” cases is a reference to the following proceedings—

(i) either way guilty pleas;

[F91 (ia) guilty pleas in proceedings for low-value shoplifting as defined in section 22A(3) of the Magistrates’ Court Act 1980 (low-value shoplifting);]

(ii) indictable only cases heard in the Youth Court;

(iii) proceedings (other than committal proceedings) relating to either way offences [F92 or proceedings referred to in sub-paragraph (ia)] which are discontinued or withdrawn or where the prosecution offer no evidence; and

(iv) proceedings (other than committal proceedings) relating to either way offences [F93 or proceedings referred to in sub-paragraph (ia)] which result in a bind over;

(b) the reference to “Category 1B” cases is a reference to the following proceedings [F94 (other than proceedings referred to in paragraph (a)(ia))]—

(i) summary only guilty pleas;

(ii) uncontested proceedings arising out of a breach of an order of a magistrates' courts (including proceedings in a magistrates' court relating to a breach of a Crown Court community rehabilitation order, community punishment order or suspended sentence);

(iii) proceedings (other than committal proceedings) relating to summary offences which are discontinued or withdrawn or where the prosecution offer no evidence;

(iv) proceedings (other than committal proceedings) relating to summary offences which result in a bind over;

(v) proceedings arising out of a deferment of sentence (including any subsequent sentence hearing) under section 1 of the Powers of Criminal Courts (Sentencing) Act 2000 M45 ;

(vi) proceedings prescribed under regulation 9 of the Criminal Legal Aid (General) Regulations 2013 M46 , except where the case was listed and fully prepared for a contested hearing to decide whether an order should be made; and

(vii) proceedings relating to either way offences which must be tried in a magistrates' court in accordance with section 22 of the Magistrates' Courts Act 1980 M47 ;

(c) the reference to “Category 2” cases is a reference to—

(i) contested trials;

(ii) proceedings which were listed and fully prepared for trial in a magistrates' court but are disposed of by a guilty plea on the day of trial before the opening of the prosecution case;

(iii) proceedings which were listed and fully prepared for trial in a magistrates' court but are discontinued or withdrawn or where the prosecution offers no evidence or which result in a bind over on the day of trial before the opening of the prosecution case;

(iv) contested proceedings relating to a breach of an order of a magistrates' court (including proceedings relating to a breach of a Crown Court community rehabilitation order, community punishment order or suspended sentence);

(v) proceedings where mixed pleas are entered; and

(vi) proceedings prescribed under regulation 9 of the Criminal Legal Aid (General) Regulations 2013 where the case was listed and fully prepared for a contested hearing to decide whether an order should be made; and

(d) the reference to “Category 3” cases is a reference to committal proceedings which are discontinued or withdrawn.

(4) The fees payable to Assigned Counsel for representation in a magistrates' court are subject to the limits specified in the table following paragraph 12.

(5) In this paragraph “committal proceedings” means proceedings in a magistrates' court up to and including a hearing at which an assisted person is committed to the Crown Court for trial under section 6(1) or (2) of the Magistrates' Courts Act 1980 M48 .

Textual Amendments

F87 Words in Sch. 4 para. 5(1) inserted (23.3.2015) by The Civil and Criminal Legal Aid (Remuneration) (Amendment) Regulations 2015 (S.I. 2015/325), regs. 1, 3(6)(a)

F88 Sch. 4 para. 5(1) table substituted (1.7.2015) by The Criminal Legal Aid (Remuneration etc.) (Amendment) Regulations 2015 (S.I. 2015/1369), reg. 1(2)(a), Sch. 3 para. 5(a) (with reg. 2(1))

F89 Words in Sch. 4 para. 5(2) inserted (23.3.2015) by The Civil and Criminal Legal Aid (Remuneration) (Amendment) Regulations 2015 (S.I. 2015/325), regs. 1, 3(6)(b)

F90 Sch. 4 para. 5(2) table substituted (1.7.2015) by The Criminal Legal Aid (Remuneration etc.) (Amendment) Regulations 2015 (S.I. 2015/1369), reg. 1(2)(a), Sch. 3 para. 5(b) (with reg. 2(1))

F91 Sch. 4 para. 5(3)(a)(ia) inserted (with application in accordance with reg. 4(3) of the amending S.I.) by The Civil and Criminal Legal Aid (Remuneration) (Amendment) Regulations 2015 (S.I. 2015/325), regs. 1, 3(6)(c)(i)

F92 Words in Sch. 4 para. 5(3)(a)(iii) inserted (23.3.2015) by The Civil and Criminal Legal Aid (Remuneration) (Amendment) Regulations 2015 (S.I. 2015/325), regs. 1, 3(6)(c)(ii)

F93 Words in Sch. 4 para. 5(3)(a)(iv) inserted (23.3.2015) by The Civil and Criminal Legal Aid (Remuneration) (Amendment) Regulations 2015 (S.I. 2015/325), regs. 1, 3(6)(c)(ii)

F94 Words in Sch. 4 para. 5(3)(b) inserted (23.3.2015) by The Civil and Criminal Legal Aid (Remuneration) (Amendment) Regulations 2015 (S.I. 2015/325), regs. 1, 3(6)(c)(iii)

Marginal Citations

M45 2000 c. 6.

M46 S.I. 2013/9.

M47 1980 c. 43.

M48 1980 c. 43.

[F95 Representation in proceedings relating to an injunction under Part 1 of the 2014 Act or related parenting order in any court E+W

5A.— (1) This paragraph applies to proceedings prescribed as criminal proceedings under section 14(h) of the Act (other than an appeal) relating to—

(a) an injunction under Part 1 of the 2014 Act; or

(b) a parenting order under section 8(1)(b) of the Crime and Disorder Act 1998 where an injunction is granted under Part 1 of the 2014 Act.

(2) The fixed amounts and hourly rates for—

(a) determining whether the lower or higher fee limit has been reached, and

(b) claiming costs in cases which fall outside the fixed fee limits, are specified in the table following this sub-paragraph.

Representation in proceedings relating to an injunction under Part 1 of the 2014 Act or related parenting order in any court

	[F96 All Areas
Routine letters written and telephone calls per item	£3.22
Preparation hourly rate	£41.00
Advocacy hourly rate (including applications for bail and other applications to the court)	£51.44
Hourly rate for attendance at court where Counsel is assigned (including conferences with Counsel at court)	£28.05]

(3) The table following this sub-paragraph sets out the fees and fee limits for representation in any court.

Higher and Lower Fees Table

	[F97 Lower fee (£)	Lower fee limit (£)	Higher fee (£)	Higher fee limit (£)
Uncontested	143.10	246.22	344.19	426.61
Contested	252.66	422.98	579.48	704.88]

(4) The hourly rate for travelling and waiting in any court is [F98 £21.70]].

Textual Amendments

F95 Sch. 4 para. 5A inserted (23.3.2015) by The Civil and Criminal Legal Aid (Remuneration) (Amendment) Regulations 2015 (S.I. 2015/325), regs. 1, 3(7)

F96 Sch. 4 para. 5A(2) table substituted (1.7.2015) by The Criminal Legal Aid (Remuneration etc.) (Amendment) Regulations 2015 (S.I. 2015/1369), reg. 1(2)(a), Sch. 3 para. 6(a) (with reg. 2(1))

F97 Sch. 4 para. 5A(3) table substituted (1.7.2015) by The Criminal Legal Aid (Remuneration etc.) (Amendment) Regulations 2015 (S.I. 2015/1369), reg. 1(2)(a), Sch. 3 para. 6(b) (with reg. 2(1))

F98 Sum in Sch. 4 para. 5A(4) substituted (1.7.2015) by The Criminal Legal Aid (Remuneration etc.) (Amendment) Regulations 2015 (S.I. 2015/1369), reg. 1(2)(a), Sch. 3 para. 6(c) (with reg. 2(1))

Own client work E+W

6.—(1) The fixed amounts and hourly rates for Pre-Order Cover, Early Cover and means test form completion are specified in the table following this paragraph.

(2) The amount payable for Pre-Order cover is subject to an Upper Limit of—

(a) [F99 £43.35] per claim in London; and

(b) [F100 £41.00] per claim outside London (“National”).

(3) The Fixed Fee for Early Cover is [F101 £61.88].

(4) The refused means test completion fee is [F102 £20.63].

Own client work

	[F103 London (£)	National (£)
Routine letters written and telephone calls per item	3.34	3.22
Preparation hourly rate	43.35	41.00
Advocacy (including applications for bail and other applications to the court) hourly rate	51.44	51.44
Travelling and waiting hourly rate (only applicable where the Undesignated Area fees apply)	N/A	21.70]

Textual Amendments

F99 Sum in Sch. 4 para. 6(2)(a) substituted (1.7.2015) by The Criminal Legal Aid (Remuneration etc.) (Amendment) Regulations 2015 (S.I. 2015/1369), reg. 1(2)(a), Sch. 3 para. 7(a)(i) (with reg. 2(1))

F100 Sum in Sch. 4 para. 6(2)(b) substituted (1.7.2015) by The Criminal Legal Aid (Remuneration etc.) (Amendment) Regulations 2015 (S.I. 2015/1369), reg. 1(2)(a), Sch. 3 para. 7(a)(ii) (with reg. 2(1))

F101 Sum in Sch. 4 para. 6(3) substituted (1.7.2015) by The Criminal Legal Aid (Remuneration etc.) (Amendment) Regulations 2015 (S.I. 2015/1369), reg. 1(2)(a), Sch. 3 para. 7(b) (with reg. 2(1))

F102 Sum in Sch. 4 para. 6(4) substituted (1.7.2015) by The Criminal Legal Aid (Remuneration etc.) (Amendment) Regulations 2015 (S.I. 2015/1369), reg. 1(2)(a), Sch. 3 para. 7(c) (with reg. 2(1))

F103 Sch. 4 para. 6(4) table substituted (1.7.2015) by The Criminal Legal Aid (Remuneration etc.) (Amendment) Regulations 2015 (S.I. 2015/1369), reg. 1(2)(a), Sch. 3 para. 7(d) (with reg. 2(1))

Representation in proceedings prescribed as criminal proceedings under section 14(h) of the Act E+W

7.—(1) The fixed amounts and hourly rates for representation in the Crown Court in proceedings prescribed as criminal proceedings under section 14(h) of the Act (other than an appeal from a magistrates' court [F104 or where paragraph 5A applies]) are specified in the table following this sub-paragraph and this Unit of Work is subject to an Upper Limit of [F80 £1,237.50].

Representation in Prescribed Proceedings in a [F105 Crown Court]

	[F106 London (£)	National (£)
Routine letters written and telephone calls per item	3.34	3.22
Preparation hourly rate	43.35	41.00
Advocacy hourly rate	51.44	51.44
Travelling and waiting hourly rate	21.70	21.70]

(2) The fixed amounts and hourly rates for representation in the High Court or a county court in proceedings prescribed as criminal proceedings under section 14(h) of the Act [F107 (except where paragraph 5A or paragraph 10 applies)] are specified in the table following this sub-paragraph.

Representation in Prescribed Proceedings in the High Court or a county court

	[F108 London (£)	National (£)
Routine letters out per item	6.19	5.45
Routine telephone calls per item	3.42	3.01
All other preparation work hourly rate	£61.88 (£65.59 where Provider’s office is in London)	£54.45 (£57.75 where Provider’s office is in London)
Attending counsel in conference or at the trial or hearing of any summons or application at court or other appointment – hourly rate	30.53	26.81
Attending without counsel at the trial or hearing of any cause or the hearing of any summons or other application at court or other appointment – hourly rate	61.88	54.45
Travelling and waiting hourly rate	27.43	24.09]

(3) The fees payable to Assigned Counsel for representation in the High Court or a county court in proceedings prescribed as criminal proceedings under section 14(h) of the Act are subject to the limits specified in the table following paragraph 12.

Textual Amendments

F80 Word in Sch. 4 substituted (1.7.2015) by The Criminal Legal Aid (Remuneration etc.) (Amendment) Regulations 2015 (S.I. 2015/1369), reg. 1(2)(a), Sch. 3 para. 1 (with reg. 2(1))

F104 Words in Sch. 4 para. 7(1) inserted (23.3.2015) by The Civil and Criminal Legal Aid (Remuneration) (Amendment) Regulations 2015 (S.I. 2015/325), regs. 1, 3(8)(a)

F105 Words in Sch. 4 para. 7 substituted (23.3.2015) by The Civil and Criminal Legal Aid (Remuneration) (Amendment) Regulations 2015 (S.I. 2015/325), regs. 1, 3(8)(b)

F106 Sch. 4 para. 7(1) table substituted (1.7.2015) by The Criminal Legal Aid (Remuneration etc.) (Amendment) Regulations 2015 (S.I. 2015/1369), reg. 1(2)(a), Sch. 3 para. 8(a) (with reg. 2(1))

F107 Words in Sch. 4 para. 7(2) inserted (23.3.2015) by The Civil and Criminal Legal Aid (Remuneration) (Amendment) Regulations 2015 (S.I. 2015/325), regs. 1, 3(8)(c)

F108 Sch. 4 para. 7(2) table substituted (1.7.2015) by The Criminal Legal Aid (Remuneration etc.) (Amendment) Regulations 2015 (S.I. 2015/1369), reg. 1(2)(a), Sch. 3 para. 8(b) (with reg. 2(1))

Advice and Assistance on an appeal against conviction or sentence or an application to the Criminal Cases Review Commission E+W

8.  The fixed amounts and hourly rates for Advice and Assistance on an appeal against conviction or sentence pursuant to a determination made under section 15 of the Act (except where there is a subsisting section 16 determination) or an application to the Criminal Cases Review Commission are specified in the table following this paragraph and are subject to an Upper Limit of—

(a) [F109 £247.50] for Advice and Assistance on appeals against conviction or sentence; and

(b) [F110 £412.50] for Advice and Assistance on an application to the Criminal Cases Review Commission.

Advice and Assistance on an appeal against conviction or sentence or application to the Criminal Cases Review Commission

	[F111 London (£)	National (£)
Routine letters written and routine telephone calls per item	3.18	3.05
Preparation hourly rate	41.00	38.69
Travel and waiting hourly rate	21.70	21.70]

Textual Amendments

F109 Sum in Sch. 4 para. 8(a) substituted (1.7.2015) by The Criminal Legal Aid (Remuneration etc.) (Amendment) Regulations 2015 (S.I. 2015/1369), reg. 1(2)(a), Sch. 3 para. 9(a) (with reg. 2(1))

F110 Sum in Sch. 4 para. 8(b) substituted (1.7.2015) by The Criminal Legal Aid (Remuneration etc.) (Amendment) Regulations 2015 (S.I. 2015/1369), reg. 1(2)(a), Sch. 3 para. 9(b) (with reg. 2(1))

F111 Sch. 4 para. 8 table substituted (1.7.2015) by The Criminal Legal Aid (Remuneration etc.) (Amendment) Regulations 2015 (S.I. 2015/1369), reg. 1(2)(a), Sch. 3 para. 9(c) (with reg. 2(1))

Representation on an appeal by way of case stated E+W

9.—(1) The fixed amounts and hourly rates for representation on an appeal by way of case stated are specified in the table following this sub-paragraph.

Representation on an appeal by way of case stated in the High Court

	[F112 High Court (£)
Routine letters out per item	6.19
Routine telephone calls per item	3.42
All other preparation work – hourly rate	61.88 (65.59 where the Provider’s office is in London)
Attending counsel in conference or at the trial or hearing of any summons or application at court or other appointment – hourly rate	30.53
Attending without counsel at the trial or hearing of any cause or the hearing of any summons or other application at court or other appointment – hourly rate	61.88
Travelling and waiting hourly rate	27.43]

(2) The fees payable to Assigned Counsel for representation in the High Court on an appeal by way of case stated are subject to the limits specified in the table following paragraph 12.

Textual Amendments

F112 Sch. 4 para. 9(1) table substituted (1.7.2015) by The Criminal Legal Aid (Remuneration etc.) (Amendment) Regulations 2015 (S.I. 2015/1369), reg. 1(2)(a), Sch. 3 para. 10 (with reg. 2(1))

Representation in the Crown Court on an appeal from a magistrates' court in proceedings prescribed as criminal proceedings under section 14(h) of the Act E+W

10.  The fixed amounts and hourly rates for representation in the Crown Court pursuant to a section 16 determination on an appeal from a magistrates' court in proceedings prescribed as criminal proceedings under section 14(h) of the Act [F113 or an appeal to the County Court relating to an injunction under Part 1 of the 2014 Act or a parenting order under section 8(1)(b) of the Crime and Disorder Act 1998 made in connection with an injunction under Part 1 of the 2014 Act] are specified in the table following this paragraph, and this Unit of Work is subject to an Upper Limit of [F80 £1,237.50]

	[F114 London (£)	National (£)
Routine letters written and telephone calls per item	3.34	3.22
Preparation hourly rate	43.35	41.00
Advocacy hourly rate	51.44	51.44
Travelling and waiting hourly rate	21.70	21.70]

Textual Amendments

F80 Word in Sch. 4 substituted (1.7.2015) by The Criminal Legal Aid (Remuneration etc.) (Amendment) Regulations 2015 (S.I. 2015/1369), reg. 1(2)(a), Sch. 3 para. 1 (with reg. 2(1))

F113 Words in Sch. 4 para. 10 inserted (23.3.2015) by The Civil and Criminal Legal Aid (Remuneration) (Amendment) Regulations 2015 (S.I. 2015/325), regs. 1, 3(9)

F114 Sch. 4 para. 10 table substituted (1.7.2015) by The Criminal Legal Aid (Remuneration etc.) (Amendment) Regulations 2015 (S.I. 2015/1369), reg. 1(2)(a), Sch. 3 para. 11 (with reg. 2(1))

Advice and Assistance provided pursuant to a determination made under section 15 of the Act in Prison Law cases E+W

11.—(1) The Fixed Fee for Advice and Assistance in F115 ...Sentence Cases, Disciplinary Cases and Parole Board Cases is [F116 £181.50] and the Escape Fee Threshold is [F117 £544.50].

(2) The fixed amounts and hourly rates for recording time and to determine whether the Escape Fee Threshold has been reached are specified in the table following this sub-paragraph.

Hourly rates for determining whether Escape Fee Threshold reached

	[F118 All areas (£)
Routine letters written and routine telephone calls per item	3.05
Preparation hourly rate	38.69
Travel and waiting hourly rate	21.70]

(3) The fixed amounts and hourly rates for Advocacy Assistance in Disciplinary Cases, for recording time and to determine whether the Lower or Higher Standard Fee is claimable or whether the case is claimable on an non-Standard Fee basis, are specified in the tables following this sub-paragraph.

[F119 Hourly rates in Disciplinary Cases for determining application of Standard Fees

	All areas (£)
Routine letters written and routine telephone calls per item	3.34
Preparation hourly rate	46.32
Advocacy hourly rate	56.31
Travel and waiting hourly rate	21.70

Higher and Lower Standard Fees Table for Disciplinary Cases

Lower Standard Fee (£)	Lower Standard Fee Limit (£)	Higher Standard Fee (£)	Higher Standard Fee Limit (£)
184.37	322.82	510.06	1,529.48]

(4) The fixed amounts and hourly rates for Advocacy Assistance in Parole Board Cases, for recording time and to determine whether the Lower or Higher Standard Fee is claimable or whether the case is claimable on an non-Standard Fee basis, are specified in the tables following this sub-paragraph.

[F120 Hourly rates in Parole Board Cases for determining application of Standard Fees

	All areas (£)
Routine letters written and routine telephone calls per item	3.34
Preparation hourly rate	46.32
Advocacy hourly rate	56.31
Travel and waiting hourly rate	21.70

Higher and Lower Standard Fees Table for Parole Board Cases

Lower Standard Fee (£)	Lower Standard Fee Limit (£)	Higher Standard Fee (£)	Higher Standard Fee Limit (£)
395.28	844.37	1,314.98	3,944.22]

Textual Amendments

F115 Words in Sch. 4 para. 11(1) omitted (2.12.2013) by virtue of The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2013 (S.I. 2013/2803), regs. 1, 3(6) (with reg. 5(1))

F116 Sum in Sch. 4 para. 11(1) substituted (1.7.2015) by The Criminal Legal Aid (Remuneration etc.) (Amendment) Regulations 2015 (S.I. 2015/1369), reg. 1(2)(a), Sch. 3 para. 12(a)(i) (with reg. 2(1))

F117 Sum in Sch. 4 para. 11(1) substituted (1.7.2015) by The Criminal Legal Aid (Remuneration etc.) (Amendment) Regulations 2015 (S.I. 2015/1369), reg. 1(2)(a), Sch. 3 para. 12(a)(ii) (with reg. 2(1))

F118 Sch. 4 para. 11(2) table substituted (1.7.2015) by The Criminal Legal Aid (Remuneration etc.) (Amendment) Regulations 2015 (S.I. 2015/1369), reg. 1(2)(a), Sch. 3 para. 12(b) (with reg. 2(1))

F119 Sch. 4 para. 11(3) table substituted (1.7.2015) by The Criminal Legal Aid (Remuneration etc.) (Amendment) Regulations 2015 (S.I. 2015/1369), reg. 1(2)(a), Sch. 3 para. 12(c) (with reg. 2(1))

F120 Sch. 4 para. 11(4) table substituted (1.7.2015) by The Criminal Legal Aid (Remuneration etc.) (Amendment) Regulations 2015 (S.I. 2015/1369), reg. 1(2)(a), Sch. 3 para. 12(d) (with reg. 2(1))

Payment for Assigned Counsel E+W

12.—(1) This paragraph applies to the fees payable to Assigned Counsel for—

(a) representation in a magistrates' court;

(b) representation in the High Court or a county court in proceedings prescribed as criminal proceedings under section 14(h) of the Act; and

(c) representation in the High Court on an appeal by way of case stated.

(2) The fees payable to Assigned Counsel are subject to the limits specified in the table following this paragraph.

Payment for Assigned Counsel

	[F121 Junior Counsel (£)	Queen’s Counsel (£)
Basic fee for preparation, including for a pre-trial review and, where appropriate, the first day’s hearing including, where they took place on that day, short conferences, consultations, applications and appearances (including bail applications, views and any other preparation).	maximum amount: 386.10	maximum amount: 3,667.95
Refresher daily fee (for any day or part of a day during which a hearing continued, including, where they took place on that day, short conferences, consultations, applications and appearances (including bail applications, views and any other preparation).	maximum amount: 133.65	maximum amount: 245.03
Subsidiary fees:
Attendance at consultations, conferences and views not covered by the basic fee or the refresher fee.	24.13 per hour – minimum amount: 11.96	44.96 per hour – minimum amount: 23.10
Written work (on evidence, plea, appeal, case stated or other written work).	maximum amount: 42.28	maximum amount: 86.63
Attendance at pre-trial reviews, applications and other appearances (including bail applications and adjournments for sentence) not covered by the basic fee or the refresher fee.	maximum amount: 77.55	maximum amount: 169.13]

Textual Amendments

F121 Sch. 4 para. 12(2) table substituted (1.7.2015) by The Criminal Legal Aid (Remuneration etc.) (Amendment) Regulations 2015 (S.I. 2015/1369), reg. 1(2)(a), Sch. 3 para. 13 (with reg. 2(1))

Regulation 16

[F122 SCHEDULE 5 E+W Experts' Fees and Rates

Textual Amendments

F122 Sch. 5 substituted (2.12.2013) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2013 (S.I. 2013/2803), regs. 1, 3(7), Sch. 1 (with reg. 6(1))

Expert	Non-London - hourly rate unless stated to be a fixed fee	London - hourly rate unless stated to be a fixed fee
A&E consultant	£100.80	£108
Accident reconstruction	£72	£54.40
Accountant	£64	£64
Accountant (general staff)	£40	£40
Accountant (manager)	£86.40	£86.40
Accountant (partner)	£115.20	£115.20
Anaesthetist	£108	£72
Architect	£79.20	£72
Back calculations	£144 fixed fee	£151.20 fixed fee
Benefit expert	£72	£72
Cardiologist	£115.20	£72
Cell telephone site analysis	£72	£72
Child psychiatrist	£108	£72
Child psychologist	£100.80	£72
Computer expert	£72	£72
Consultant engineer	£72	£54.40
Dentist	£93.60	£72
Dermatologist	£86.40	£72
Disability consultant	£54.40	£54.40
DNA (testing of sample)	£252 per test	£252 per test
DNA (preparation of report)	£72	£72
Doctor (GP)	£79.20	£72
Drug expert	£72	£72
Employment consultant	£54.40	£54.40
Enquiry agent	£25.60	£18.40
ENT surgeon	£100.80	£72
Facial Mapping	£108	£72
Fingerprint expert	£72	£37.60
Fire investigation	£72	£54.40
Firearm expert	£72	£72
Forensic scientist	£90.40	£72
General surgeon	£108	£72
Geneticist	£86.40	£72
GP (records report)	£50.40 fixed fee	£72 fixed fee
Gynaecologist	£108	£72
Haematologist	£97.60	£72
Handwriting expert	£72	£72
Interpreter	£28	£25
Lip reader/Signer	£57.60	£32.80
Mediator	£100.80	£100.80
Medical consultant	£108	£72
Medical microbiologist	£108	£72
Medical Report	£79.20	£72
Meteorologist	£100.80	£144 fixed fee
Midwife	£72	£72
Neonatologist	£108	£72
Neurologist	£122.40	£72
Neuropsychiatrist	£126.40	£72
Neuroradiologist	£136.80	£72
Neurosurgeon	£136.80	£72
Nursing expert	£64.80	£64.80
Obstetrician	£108	£72
Occupational therapist	£54.40	£54.40
Oncologist	£112	£72
Orthopaedic surgeon	£115.20	£72
Paediatrician	£108	£72
Pathologist	£122.40	£432 fixed fee
Pharmacologist	£97.60	£72
Photographer	£25.60	£18.40
Physiotherapist	£64.80	£64.80
Plastic surgeon	£108	£72
Process server	£25.60	£18.40
Psychiatrist	£108	£72
Psychologist	£93.60	£72
Radiologist	£108	£72
Rheumatologist	£108	£72
Risk assessment expert	£50.40	£50.40
Speech therapist	£79.20	£72
Surgeon	£108	£72
Surveyor	£40	£40
Telecoms expert	£72	£72
Toxicologist	£108	£72
Urologist	£108	£72
Vet	£72	£72
Voice recognition	£93.60	£72]

Regulation 12A

[F123 SCHEDULE 6 E+W Fees in Very High Cost Cases

Textual Amendments

F123 Sch. 6 inserted (2.12.2013) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2013 (S.I. 2013/2803), regs. 1, 3(8), Sch. 2 (with reg. 4)

PART 1 E+W Interpretation and Application

Interpretation E+W

1.— (1) In this Schedule—

(a) a reference to a level is a reference to that level as defined in the Very High Cost Case contract;

(b) a reference to a category is a reference to that category as defined in that contract;

(c) the standard rates apply to work as described in the Very High Cost Case contract Guide; and

(d) the preliminary hearing, half day and full day rates apply as described in the Very High Cost Case contract Guide.

(2) In this Part—

(a) “Task List” has the meaning given in the Very High Cost Case contract;

(b) “parties” means the representative who has signed the Very High Cost Case contract and the Lord Chancellor.

(3) In Table 2, a junior may be either a barrister or a solicitor-advocate.

Application E+W

2.— (1) This paragraph makes provision in relation to the application of this Schedule to work done in a case which is the subject of a Very High Cost Case contract signed by the parties before 2nd December 2013.

(2) Part 2 of this Schedule applies to work done pursuant to any Task List agreed between the parties before 2nd December 2013.

(3) Subject to sub-paragraph (4), Part 3 of this Schedule applies to work done pursuant to any Task List agreed between the parties on or after 2nd December 2013.

(4) Part 2 of this Schedule applies to work done in a case in which—

(a) the court has set a trial date before 2nd December 2013; and

(b) that trial date is on or before 31st March 2014.

(5) For the purpose of sub-paragraph (4), any adjournment or postponement of a trial which takes place after the trial date is set must be disregarded.

3.   Part 3 of this Schedule applies to work done in a case which is the subject of a Very High Cost Case contract signed by the parties on or after 2nd December 2013.

PART 2 E+W

Table 1

Preparation (hourly rates)

	Category 1 (£)	Category 2 (£)	Category 3 (£)	Category 4 (£)	Standard Rates (£)
Litigator
Level A	145.00	113.00	91.00	91.00	55.75
Level B	127.00	100.00	79.00	79.00	47.25
Level C	84.00	65.00	51.00	51.00	34.00
Pupil/junior	45.00	36.00	30.00	30.00
Barrister
QC	145.00	113.00	91.00	91.00
Leading junior	127.00	100.00	79.00	79.00
Led junior	91.00	73.00	61.00	61.00
Junior alone	100.00	82.00	70.00	70.00
2nd Led junior	63.00	50.00	43.00	43.00
Solicitor Advocate
Leading level A	145.00	113.00	91.00	91.00
Led level A	127.00	100.00	79.00	79.00
Leading level B	127.00	100.00	79.00	79.00
Led level B	104.00	86.00	66.00	66.00
Level A alone	131.00	109.00	88.00	88.00
Level B alone	113.00	95.00	75.00	75.00
Second advocate	63.00	50.00	43.00	43.00

Table 2

Advocacy rates

	Preliminary hearing (£)	Half day (£)	Full day (£)
QC	113.00	238.00	476.00
Leading junior	86.00	195.00	390.00
Led junior	58.00	126.00	252.00
Junior alone	67.00	143.00	285.00
2nd Led junior	34.00	64.00	128.00
Noting junior	29.00	55.00	109.00

Table 3

Attendance at court with Advocate (hourly rates for litigators)

	£
Level A	42.25
Level B	34.00
Level C	20.50

Table 4

Travelling, waiting and mileage

	£
Travelling (hourly rates)	25.00 (up to a maximum of 4 hours in one day)
Waiting (hourly rates)	25.00
Mileage	00.45 per mile

PART 3 E+W

Table 1

Preparation (hourly rates)

	Category 1 (£)	Category 2 (£)	Category 3 (£)	Category 4 (£)	Standard Rates (£)
Litigator
Level A	101.50	79.10	63.70	63.70	39.03
Level B	88.90	70.00	55.30	55.30	33.08
Level C	58.80	45.50	35.70	35.70	24.50
Pupil/junior	31.50	25.20	21.00	21.00
Barrister
QC	101.50	79.10	63.70	63.70
Leading junior	88.90	70.00	55.30	55.30
Led junior	63.70	51.10	42.70	42.70
Junior alone	70.00	57.40	49.00	49.00
2nd Led junior	44.10	35.00	30.10	30.10
Solicitor Advocate
Leading level A	101.50	79.10	63.70	63.70
Led level A	88.90	70.00	55.30	55.30
Leading level B	88.90	70.00	55.30	55.30
Led level B	72.80	60.20	46.20	46.20
Level A alone	91.70	76.30	61.60	61.60
Level B alone	79.10	66.50	52.50	52.50
Second advocate	44.10	35.00	30.10	30.10

Table 2

Advocacy rates

	Preliminary hearing (£)	Half day (£)	Full day (£)
QC	79.10	166.60	333.20
Leading junior	60.20	136.50	273.00
Led junior	40.60	88.20	176.40
Junior alone	46.90	100.10	199.50
2nd Led junior	23.80	44.80	89.60
Noting junior	20.30	38.50	76.30

Table 3

Attendance at court with Advocate (hourly rates for litigators)

	£
Level A	29.58
Level B	23.80
Level C	14.35

Table 4

Travelling, waiting and mileage

	£
Travelling (hourly rates)	25.00 (up to a maximum of 4 hours in one day)
Waiting (hourly rates)	25.00
Mileage	00.45 per mile]

Explanatory Note

(This note is not part of the Regulations)

These Regulations make provisions for the funding and remuneration of advice, assistance and representation made available under sections 13, 15 and 16 of the Legal Aid Sentencing and Punishment of Offenders Act 2012.

Regulations 4 to 27 deal with the manner in which fees are to be claimed, determined and paid including provisions permitting interim payments and payments for expert services.

Regulations 28 to 30 provide for an appeal mechanism to challenge, in certain circumstances, the appropriate officer's determination of the fees payable to a representative. The provisions deal with the redetermination of fees by an appropriate officer, appeals from the appropriate officer to a Costs Judge and appeals from the Costs Judge to the High Court.

Schedule 1 sets out the graduated fees and fixed fees payable to advocates for proceedings in the Crown Court.

Schedule 2 sets out the fees payable to solicitors (and other appropriately qualified persons) for proceedings in the Crown Court.

Schedule 3 sets out the manner in which fees are to be claimed, determined and paid in proceedings in the Court of Appeal.

Schedule 4 sets out the rates payable for proceedings in a magistrates' court and certain other work to which the 2010 Standard Crime Contract applies.

Schedule 5 sets out the fees and rates payable to experts.

A copy of the 2010 Standard Crime Contract, including the Specification to the Contract, is available at www.justice.gov.uk/legal-aid. Copies can be inspected at the Legal Aid Agency (Head Office), 102 Petty France, London, SW1H 9AJ.

A copy of the Guidance accompanying the 2010 Standard Crime Contract is available at www.justice.gov.uk/legal-aid/submit-claim/cwa-online-claims/codes-guidance. Copies can be inspected at the Legal Aid Agency (address as above).