The Criminal Defence Service (Funding) Order 2001

SCHEDULE 2 SOLICITORS' FEES

PART 1 FEES DETERMINED UNDER PARAGRAPH 12 OF SCHEDULE 1

1.  Subject to paragraphs 2 and 3, for proceedings in the Crown Court and Court of Appeal the appropriate officer shall allow fees for work allowed by it under paragraph 12 of Schedule 1 at the following prescribed rates:

Class of work	Grade of fee-earner	Rate
Preparation	Senior solicitor	£53.00 per hour—	(£55.75 per hour for a fee-earner whose office is situated within the London region of the Commission)
	Solicitor, legal executive or fee-earner of equivalent experience	£45.00 per hour—	(£47.25 per hour for a fee-earner whose office is situated within the London region of the Commission)
	Trainee or fee-earner of equivalent experience	£29.75 per hour—	(£34.00 per hour for a fee-earner whose office is situated within the London region of the Commission)
Advocacy (other than in the Crown Court)	Senior solicitor Solicitor	£64.00 per hour £56.00 per hour
Attendance at court where more than one representative assigned	Senior solicitor Solicitor, legal executive or fee-earner of equivalent experience Trainee or fee-earner of equivalent experience	£42.25 per hour £34.00 per hour £20.50 per hour
Travelling and waiting	Senior solicitor Solicitor, legal executive or fee-earner of equivalent experience Trainee or fee-earner of equivalent experience	£24.75 per hour £24. 75 per hour £12.50 per hour
Routine letters written and routine telephone calls	£3.45 per item—	(£3.60 per item for a fee-earner whose office is situated within the London region of the Commission)

2.  In relation to any hearing specified in paragraph 12(8) of Schedule 1, the fee specified in paragraph 1 for attendance at court where an advocate is assigned shall only be payable in the circumstances and to the extent provided by paragraphs 12(7) to (10) of that Schedule.

3.  In respect of any item of work, the appropriate officer may allow fees at less than the relevant prescribed rate specified in paragraph 1 where it appears to him reasonable to do so having regard to the competence and despatch with which the work was done.

4.—(1) Upon a determination the appropriate officer may allow fees at more than the relevant prescribed rate specified in paragraph 1 subject to the provisions of this paragraph where it appears to him, taking into account all the relevant circumstances of the case, that:

(a) the work was done with exceptional competence, skill or expertise;

(b) the work was done with exceptional despatch; or

(c) the case involved exceptional circumstances or complexity.

(2) Where the appropriate officer considers that any item or class of work should be allowed at more than the prescribed rate, he shall apply to that item or class of work a percentage enhancement in accordance with the following provisions of this paragraph.

(3) In determining the percentage by which fees should be enhanced above the prescribed rate the appropriate officer should have regard to:

(a) the degree of responsibility accepted by the solicitor and his staff;

(b) the care, speed and economy with which the case was prepared; and

(c) the novelty, weight and complexity of the case.

(4) Except in proceedings to which sub-paragraph (5) applies, the percentage above the relevant prescribed rate by which fees for work may be enhanced shall not exceed 100 per cent.

(5) Where the proceedings related to serious or complex fraud, the percentage above the prescribed rate by which fees for work done may be enhanced shall not exceed 200 per cent.

(6) The appropriate officer may have regard to the generality of proceedings to which this Order applies in determining what is exceptional within the meaning of this paragraph.

PART 2 STANDARD FEES IN THE CROWN COURT

Application

1.—(1) Subject to sub-paragraphs (3) and (4), this Part of this Schedule applies to the fees for work done by a fee-earner regardless of his grade in relation to the proceedings in the Crown Court specified in sub-paragraph (2).

(2) The following proceedings are specified for the purpose of sub-paragraph (1):

(a) committals for trial in which the indictment consisted of counts in respect of an offence which is classified as a Class 3 or 4 offence in accordance with directions given by the Lord Chief Justice under section 75 of the Supreme Court Act 1981(1) and

(i) where the trial (including any case prepared for trial in which no jury was sworn) lasted two days or less and at the time of listing was reasonably expected to last two days or less; or

(ii) where the case was listed and disposed of as a plea of guilty;

(b) appeals against conviction;

(c) appeals against sentence; and

(d) committals for sentence (including proceedings which arose out of a breach of an order of the Crown Court, proceedings in which a sentence was deferred and other similar matters).

(3) Where in any proceedings specified in sub-paragraph (2), the trial judge:

(a) is dissatisfied with the solicitor’s conduct of the case; or

(b) considers that, for exceptional reasons, the fees should be determined under paragraph 12 of Schedule 1

he may direct that the fees should be determined under paragraph 12 and in that event this Part of this Schedule shall not apply.

(4) If a solicitor so elects, he may claim standard fees under this Part of this Schedule in respect of work done by him notwithstanding that the proceedings in relation to which the work was done are not specified in sub-paragraph (2), and the provisions of this Part of this Schedule shall apply to such a claim with the necessary modifications, save that, where a solicitor elects to claim the principal standard fee for preparation in respect of a trial which lasted more than two days, he shall be paid that fee (together with the appropriate standard fee for the other classes of work specified in paragraph (4)(2)) and paragraph 2 shall not apply.

(5) In relation to any hearing specified in paragraph 12(6) of Schedule 1, the fee specified in the Table for attendance at court where an advocate was assigned shall only be payable in the circumstances and to the extent provided by paragraph 12(5) to 12(7) of Schedule 1.

(6) For the purposes of this Part of this Schedule, the standard fees which are payable and the classes of work for which such fees may be paid are specified in paragraph 4 and the “lower fee limit” and the “higher fee limit” have the meanings given by paragraph 4(3).

Allowance of standard fees

2.—(1) The appropriate officer shall allow the standard fee for preparation which has been claimed by a solicitor (together with the appropriate standard fees for the other classes of work specified in paragraph 4(2)) unless, where the principal standard fee for preparation has been claimed, such a fee is considered to be excessive, in which case the lower standard fee shall be allowed.

(2) A solicitor who has been allowed the lower standard fee instead of the principal fee claimed may:

(a) accept that lower fee;

(b) request the appropriate officer in writing to review his decision; or

(c) provide the appropriate officer with a detailed claim in the form directed by him requesting that the fees for preparation be determined under paragraph 12 of Schedule 1.

(3) Where the appropriate officer is requested to review his decision under sub-paragraph (2)(b), the officer shall either:

(a) allow the principal fee; or

(b) request the solicitor to provide a detailed claim in the form directed by him.

(4) Where a solicitor fails to make a request under sub-paragraph (2)(b) or to supply a detailed claim for the purposes of sub-paragraph (2)(c) or (3)(b) within six weeks of the decision to allow the lower fee or the request to supply a detailed claim, whichever is the later, the decision to allow the lower standard fee shall be deemed to be confirmed.

3.—(1) Where a solicitor:

(a) submits a claim for determination under paragraph 12 of Schedule 1 in a case to which paragraph 1(2) applies; or

(b) disputes the allowance of the lower standard fee and provides a detailed claim under paragraph 2(2)(c) or (3)(b)

the appropriate officer shall first determine fees for preparation work within the meaning of paragraph 4(2)(a) of this Part of this Schedule.

(2) If the fees so determined are:

(a) less than the lower fee limit, the appropriate officer shall allow and pay the lower standard fee together with the standard fees for all other classes of work specified in paragraph 4(2);

(b) not less than the lower fee limit and not more than the upper fee limit, the appropriate officer shall allow and pay the principal standard fee together with the standard fees for all other classes of works specified in paragraph 4(2);

(c) more than the upper fee limit, no standard fees shall be payable and all fees shall be determined in accordance with paragraph 12 of Schedule 1.

Standard fees

4.—(1) The classes of work for which standard fees shall be payable are those specified in sub-paragraph (2) and the fees for classes of work which are not so specified shall be determined in accordance with paragraph 12 of Schedule 1.

(2) The classes of work specified for the purposes of sub-paragraph (1) are:

(a) preparation within the meaning of paragraph 12(1)(a) of Schedule 1 but including routine letters written and telephone calls, within the meaning of paragraph 12(1)(e) of that Schedule;

(b) attendance at court (including waiting) where more than one representative is assigned;

(c) travelling, other than to undertake work for which standard fees are not payable. For the purpose of this paragraph, “travelling” shall be deemed to include waiting in connection with preparation work, within the meaning of sub-paragraph (2)(a) above.

(3) The standard fees payable under this Part of this Schedule are the fees specified in the Table below and in this Part of this Schedule the “lower fee limit” and the “upper fee limit” mean the lower and upper fee limits specified in the Table.

TABLE

PREPARATION

Type of proceedings		Lower standard fee	Lower fee limit	Principal standard fee	Upper fee limit
Jury trials (including any case prepared for trial in which no jury was sworn)	London rate	£129.50 £139.00	£179 £186	£249.50 £261.50	£312 £326
Guilty pleas	London rate	£81.50 £87.50	£110 £114	£175.00 £185.50	£226 £235
Appeals against conviction	London rate	£51.00 £54.50	£68 £70	£153.00 £159.00	£233 £244
Appeals against sentence	London rate	£36.25 £39.25	£52 £54	£93.00 £98.00	£131 £135
Committals for sentence	London rate	£42.50 £45.00	£51 £53	£97.75 £103.00	£141 £145
ATTENDANCE AT COURT (INCLUDING WAITING) WHERE MORE THAN ONE REPRESENTATIVE ASSIGNED		£21.40	per hour
TRAVELLING		£18.50	per hour

(4) A solicitor shall be entitled to the “London rate” of the standard fees specified in the Table where his office is situated within the London region of the Commission.

(5) The hourly rate specified in the Table for attendance at court shall, subject to sub-paragraph (6), be paid in respect of the period of time beginning 30 minutes before the case was listed, and ending:

(a) where the client was present at court, 15 minutes after the hearing ended on that day; or

(b) where the client was not present at court, when the hearing ended on that day

and save in exceptional circumstances, shall not be payable during the luncheon adjournment.

(6) Where a fee-earner attends a court centre for the purpose of more than one case, the solicitor may claim the attendance fee in respect of the second or subsequent case only for the time actually spent in attendance in addition to the time for which payment is made under sub-paragraph (5).

(7) The hourly rate specified in the Table shall be paid for time spent travelling (within the meaning of sub-paragraph (2)(c)).

(8) Where a solicitor acts for more than one defendant, the appropriate officer shall allow whichever of the appropriate standard preparation fees is the greater and increase that fee by 20 per cent for each additional defendant, but no percentage increase shall be made to the standard fees for attendance at court and travelling.

(9) Where a solicitor acts for a defendant in respect of more than one:

(a) indictment;

(b) appeal against conviction;

(c) appeal against sentence; or

(d) committal for sentence

or in respect of any combination of (a) to (d) above, the appropriate officer shall allow whichever of the appropriate standard preparation fees is the greater and increase that fee by 20 per cent for each additional indictment, appeal or committal for sentence as the case may be.

(10) Where a solicitor prepares a case with a view to an advocate appearing at the substantive hearing without the solicitor or his representative attending court, the standard preparation fee payable after any increase required by paragraphs (8) or (9) shall be further increased by:

(a) £60.00 in a case which is prepared for trial, whether or not a trial takes place (£64.00 for a solicitor whose office is situated within the London region of the Commission); and

(b) £30.00 in every other case (£32.00 for a solicitor whose office is situated within the London region of the Commission).

(11) Where a fee-earner listens to a recording of an interview conducted under a code issued by the Secretary of State under section 60 of the Police and Criminal Evidence Act 1984(2), the standard preparation fee payable after application of any increase required by paragraph 8 or 9 shall be further increased by £10.90 for every 10 minutes of the total running time of all recordings or parts thereof listened to and by the same amount for any remaining period.

(12) Where the standard fee payable is increased by virtue of sub-paragraph (8), (9), (10) or (11), then for the purposes of paragraphs 3, 6 and 8:

(a) the upper fee limit shall be increased by the same amount by which the principal standard fee has been increased; and

(b) the lower fee limit shall be increased by the same amount by which the standard fee has been increased.

Disbursements

5.  Nothing in this Part of this Schedule applies to disbursements, which shall be determined in accordance with paragraph 13 of Schedule 1.

Re-determinations and appeals

6.—(1) A solicitor who is dissatisfied with a decision on a determination under paragraph 3 may apply for the costs to be re-determined and, subject to sub-paragraph (2), the provisions of paragraph 20(2) to (8) of Schedule 1 shall apply with the necessary modifications to an application under this paragraph as they apply to an application under paragraph 20 of Schedule 1.

(2) On a re-determination under this paragraph, the appropriate officer shall determine the fees for preparation work within the meaning of paragraph 4(2)(a) and if the fees as so determined are:

(a) less than the lower fee limit, the lower standard fee shall be allowed together with the standard fees for all other classes of work specified in paragraph 4(2);

(b) not less than the lower fee limit and not more than the upper fee limit, the principal standard fee shall be allowed together with the standard fees for all other classes of work specified in paragraph 4(2);

(c) more than the upper fee limit, the fees for all classes of work shall be determined in accordance with paragraph 12 of Schedule 1.

7.  Irrespective of any dispute under paragraph 2 as to whether the principal standard fee should have been allowed instead of the lower standard fee, where a solicitor is satisfied with a decision to allow a standard fee but contends that:

(a) a standard fee which is not apt for the type of work done has been allowed; or

(b) the provisions of paragraph 4(4) to (12) have been incorrectly applied

he may, within six weeks of receipt of notification of the decision, make a written request setting out his reasons why the decision should be reviewed and, if the appropriate officer confirms his decision, written reasons shall be given.

8.—(1) A solicitor may appeal to a Costs Judge where he is dissatisfied with:

(a) a decision on a re-determination under paragraph 6; or

(b) a decision on a review under paragraph 7.

(2) Where a solicitor appeals to a Costs Judge in respect of a decision under paragraph 6, the Costs Judge shall determine the fees for preparation within the meaning of paragraph 4(2)(a) and if the fees so determined are:

(a) less than the lower fee limit, the lower standard fee shall be allowed by the Costs Judge together with the standard fees for all other classes of work specified in paragraph 4(2);

(b) not less than the lower fee limit and not more than the upper fee limit, the principal standard fee shall be allowed by the Costs Judge together with the standard fees for all other classes of work specified in paragraph 4(2);

(c) more than the upper fee limit, the fees for all classes of work shall be determined by the Costs Judge in accordance with paragraph 12 of Schedule 1.

(3) Where a solicitor appeals to a Costs Judge in respect of a decision made on a review under paragraph 7, the Costs Judge shall allow whichever standard fee he considers to be apt for the type of work done or, as the case may be, re-apply the provisions of paragraph 4(4) to (12).

(4) Where a Costs Judge allows an appeal in whole or in part, he may allow the solicitor a sum in respect of part or all of any reasonable costs (including any fee payable in respect of the appeal) incurred by him in connection with the appeal.

(5) This paragraph only applies to appeals in proceedings for which standard fees are payable and the provisions of paragraph 21 of Schedule 1 shall apply to appeals in proceedings for which standard fees are not payable.

(6) Subject to the foregoing provisions of this paragraph, the provisions of paragraphs 21 to 23 of Schedule 1 relating to appeals by solicitors shall apply with the necessary modifications to appeals in proceedings for which standard fees are payable under this Part of this Schedule as they apply to appeals in proceedings for which standard fees are not payable.

(1)

1981 c. 54.

(2)

1984 c. 60.