The Criminal Legal Aid (Remuneration) Regulations 2013

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 M1 (confiscation: England and Wales);

(b) a hearing under section 2 of the Drug Trafficking Act 1994 M2 (confiscation orders); and

(c) a hearing under section 71 of the Criminal Justice Act 1988 M3 (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.

[F1 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	£302	£227	£151	£151
Daily rate	£577	£401	£276	£276
2. Pages of evidence
51-250	£753	£628	£503	£376
251-500	£1,130	£942	£753	£565
501-750	£1,508	£1,256	£1,005	£753
751-1000	£2,260	£1,884	£1,508	£1,130
3. Preparation hourly rates	£85.95	£65.04	£45.30	£45.30]

(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.

Textual Amendments

F1 Sch. 1 para. 14(2) table substituted (30.9.2022) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2022 (S.I. 2022/848), reg. 1(1), Sch. 1 para. 8 (with reg. 3) (as amended (31.10.2022) by The Criminal Legal Aid (Remuneration) (Amendment) (Amendment) (No. 2) Regulations 2022 (S.I. 2022/1035), regs. 1(1), 2(1)) (which affecting provision is amended so that the increases to certain fees apply to a wider range of cases (23.12.2022) by The Criminal Legal Aid (Remuneration) (Amendment) (No. 2) Regulations 2022 (S.I. 2022/1267), regs. 1(1), 3, Sch.)

Marginal Citations

M1 2002 c 29.

M2 1994 c. 37.

M3 1988 c. 33.