The Criminal Defence Service (Funding) Order 2001

Advance payments for early preparation in Crown Court cases

8.—(1) An advance payment under this paragraph shall be payable in respect of every case in the Crown Court in which:

(a) a pleas and directions hearing is held;

(b) on or before the date of the pleas and directions hearing, a representation order has been made providing for an advocate to represent the assisted person at the trial and a person (“the trial advocate”) has been instructed for that purpose; and

(c) the trial advocate satisfies the appropriate officer that, in his capacity as the trial advocate, and at least 5 days before the date of the pleas and directions hearing, he has done work of all the types listed in paragraphs (a) to (d) of the definition of “preparation” in paragraph 1(1) of Schedule 4 (whether or not he also does work of those types afterwards), unless at the pleas and directions hearing the assisted person pleads guilty to all counts or the prosecution declares an intention not to proceed to trial.

(2) Subject to sub-paragraph (3), the amount of the advance payment under this sub-paragraph in respect of any such case shall be:

(a) £250 where the trial advocate is a Queen’s Counsel;

(b) £170 where the trial advocate is not a Queen’s Counsel but appears as a leader to another trial advocate;

(c) £100 for any other trial advocate.

(3) Where the same trial advocate is instructed in two or more cases which are to be heard concurrently the advance payment shall be the amount specified in sub-paragraph (2) in respect of the first case and twenty per cent of the amount in respect of each of the other cases.

(4) In this paragraph, a “case” means proceedings against any one assisted person on one or more counts of a single indictment.