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26.—(1) In accordance with regulation 23 the appropriate officer must notify each [F1trial] advocate of the total fees payable and authorise payment to the [F1trial] advocate accordingly.
(2) Payment of the fees in accordance with sub-paragraph (1) must be made to each [F1trial] advocate.
(3) Where the section 16 determination provides for representation by a single advocate, the [F1trial] advocate is responsible for arranging payment of fees to the [F2instructed] advocate and any substitute advocate who has undertaken work on the case.
(4) Where there are two [F1trial] advocates for an assisted person, payment must be made to each [F1trial] advocate individually, and—
(a)the leading [F1trial] advocate is responsible for arranging payment of fees to the [F2instructed] 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 [F1trial] advocate is responsible for arranging payment of fees to the [F2instructed] advocate and any substitute advocate who have undertaken work on the case of a type for which a led advocate is responsible.
[F3(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 [F4, and for this purpose “trial” excludes any cross-examination or re-examination to which paragraph 13A(3) of Schedule 1 applies].]
(5) This paragraph does not apply to a claim for fees under paragraph 32, 33 or 34.
Textual Amendments
F1Word 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)
F2Word 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)
F3Sch. 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)
F4Words in Sch. 1 para. 26(4A)(b) inserted (16.5.2023) by The Criminal Legal Aid (Remuneration) (Amendment) (No. 3) Regulations 2023 (S.I. 2023/542), regs. 1(b), 3(3) (with reg. 4)