- Latest available (Revised)
- Original (As made)
This is the original version (as it was originally made). This item of legislation is currently only available in its original format.
5.—(1) Schedule 2 (litigators’ graduated fee scheme) is amended as follows.
(2) In paragraph 1(1), after the definition of “PPE Cut-off” insert—
“;
“unused material” means material disclosed pursuant to the prosecutors’ obligations in Part 1 of the Criminal Procedure and Investigations Act 1996, but does not include—
witness statements;
documentary and pictorial exhibits;
records of interviews with the assisted person; and
records of interviews with other defendants”.
(3) After paragraph 20 insert—
20A.—(1) This paragraph applies in respect of any case on indictment in the Crown Court, in respect of which a graduated fee is payable under Part 2, other than a guilty plea.
(2) In any case to which this paragraph applies, a fee (“the basic consideration fee”) is payable to a litigator in respect of the consideration of unused material which corresponds to the grade of the litigator concerned specified in the table following this sub-paragraph, whether or not such consideration has actually occurred.
Grade of litigator | Amount of the basic consideration fee for a fee earner whose office is not situated within the City of London or a London Borough | Amount of the basic consideration fee for a fee earner whose office is situated within the City of London or a London Borough |
---|---|---|
Senior solicitor | £72.54 | £76.31 |
Solicitor, legal executive or fee earner of equivalent experience | £61.59 | £64.68 |
Trainee or fee earner of equivalent experience | £40.73 | £46.55 |
(3) This sub-paragraph applies where—
(a)a litigator has undertaken the consideration of unused material; and
(b)the litigator has spent in excess of three hours undertaking that consideration.
(4) In a case where sub-paragraph (3) applies—
(a)a fee (“the additional fee”) is payable to the litigator in addition to the basic consideration fee; and
(b)the amount of the additional fee corresponds to the grade of fee earner concerned specified in the table following paragraph 27.
(5) The additional fee is payable only where the appropriate officer considers it reasonable to make such a payment.
(6) A litigator claiming the additional fee must supply such information and documents as may be required by the appropriate officer in support of the claim.
(7) In determining whether it is reasonable to pay the additional fee, the appropriate officer must take into account—
(a)the reasonableness of the hours claimed in respect of the case taken as a whole; and
(b)the reasonableness of the hours claimed in respect of the consideration of the unused material.”.
(4) In the table in paragraph 27, after the entry relating to “preparation” insert—
“Consideration of unused material in excess of 3 hours | Senior solicitor | £48.36 per hour | £50.87 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 | £41.06 per hour | £43.12 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 | £27.15 per hour | £31.03 per hour for a fee earner whose office is situated within the City of London or a London Borough”. |
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Impact Assessments generally accompany all UK Government interventions of a regulatory nature that affect the private sector, civil society organisations and public services. They apply regardless of whether the regulation originates from a domestic or international source and can accompany primary (Acts etc) and secondary legislation (SIs). An Impact Assessment allows those with an interest in the policy area to understand:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: