The Criminal Defence Service (Funding) Order 2001

Determination of advocate’s fees

15.—(1) The appropriate officer shall consider the claim, any further particulars and information submitted by an advocate under paragraph 14 and any other relevant information and shall allow such work as appears to him to have been reasonably done.

(2) In any proceedings specified in paragraph 2 or 3 of Schedule 4, the appropriate officer shall allow a graduated or fixed fee calculated in accordance with that Schedule in respect of all such work allowed by it as falls into the classes specified in paragraph 6(2) of that Schedule.

(3) Where in any proceedings specified in paragraph 2 of Schedule 4, the trial judge makes adverse observations concerning the advocate’s conduct of the case, the appropriate officer may reduce any fee which would otherwise be payable in accordance with that Schedule by such proportion as he shall see fit, having first given the advocate the opportunity to make representations about the extent to which the fee should be reduced.

(4) Where it appears to the appropriate officer that the fixed fee allowed by Schedule 4 in respect of any proceedings specified in paragraph 3 of that Schedule would be inappropriate taking into account all of the relevant circumstances of the case, he may instead allow fees in accordance with sub-paragraphs (5) and (6) below.

(5) The appropriate officer may, except in relation to work for which a graduated or fixed fee is allowed under subparagraph (2), 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 and any other preparation;

(c) subsidiary fees for:

(i) attendance at conferences, consultations and views not covered by (a) or (b);

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

(iii) attendance at pre-trial reviews, applications and appearances (including bail applications and adjournments for sentence) not covered by (a) or (b).

(6) In the case of proceedings in the Crown Court, the appropriate officer shall, except in relation to work for which a graduated or fixed fee is allowed under sub-paragraph (2), allow such fees in respect of such work as he considers reasonable in such amounts as he may determine in accordance with Schedule 3, provided that 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 Part 2 of Schedule 3 would not provide reasonable remuneration for some or all of the work he has allowed, he may allow such amounts as appear to him to be reasonable remuneration for the relevant work.

(7) In the case of proceedings in the Court of Appeal, the appropriate officer shall allow such fees in respect of such work as he considers reasonable in such amount as appears to him to be reasonable remuneration for such work.

(8) Where prior authority has been obtained to instruct a Queen’s Counsel alone no question as to the propriety of that act shall be raised on any determination of the advocate’s fees, unless the solicitor knew or ought reasonably to have known that the purpose for which the authority was given had failed or become irrelevant or unnecessary before the fees were incurred.

(9) Where:

(a) a representation order provides for representation by a sole advocate other than a Queen’s Counsel, and a Queen’s Counsel agrees to appear as the sole advocate; or

(b) a representation order provides for representation by two advocates other than Queen’s Counsel, and a Queen’s Counsel agrees to appear as a leading junior that Queen’s Counsel shall be treated for all the purposes of this Schedule as having been instructed under that order, and his remuneration shall be determined as if he were not a Queen’s Counsel.