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The Criminal Defence Service (Funding) Order 2001

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PART 3GRADUATED FEES FOR GUILTY PLEAS AND CRACKED TRIALS

9.—(1) The amount of the graduated fee for a single trial advocate representing one assisted person in a guilty plea or cracked trial shall be the basic fee specified in paragraph 10 as appropriate to the offence with which the assisted person is charged, the category of trial advocate instructed and whether the case is a guilty plea or a cracked trial, increased by the evidence uplift.

(2) The evidence uplift shall be calculated as follows:

(a)there shall be no uplift in respect of the first 10 pages;

(b)the uplift set out in the third column of the applicable Table in paragraph 10 shall be payable in respect of each page from the 11th to the 50th;

(c)the uplift set out in the fourth column of the applicable Table in paragraph 10 shall be payable in respect of each page from the 51st to the 100th; and

(d)the uplift set out in the fifth column of the applicable Table in paragraph 10 shall be payable in respect of each page from and after the 101st.

(3) A case on indictment in which a pleas and directions hearing takes place is a cracked trial if it fulfils the following conditions:

(a)the matter did not proceed to trial (whether by reason of pleas of guilty or for other reasons) or the prosecution offered no evidence, and

(b)(i)in respect of one or more counts to which the assisted person pleaded guilty, he did not so plead at the pleas and directions hearing; or

(ii)in respect of one or more counts which were not proceeded with, the prosecution did not, before or at the pleas and directions hearing, declare an intention of not proceeding with them.

(4) A case on indictment in which no pleas and directions hearing takes place is a cracked trial if it was listed for trial but the case was disposed of without a trial (whether by reason of pleas of guilty or for other reasons) or the prosecution offered no evidence.

(5) A case on indictment is a guilty plea if it was disposed of without a trial because the assisted person pleaded guilty to one or more counts and is not a cracked trial.

10.  For the purposes of paragraph 9 the basic fee and evidence uplifts appropriate to any offence shall be those specified in the Table below as appropriate to the class within which that offence falls according to paragraph 5 and the category of trial advocate instructed.

TABLE OF FEES AND UPLIFTS

(a) Guilty plea—Queen’s Counsel
Offence falling withinBasic feeEvidence uplift Per page (pages 11 to 50)Evidence uplift Per page (pages 51 to 100)Evidence uplift Per page (pages 101 to 400)
Class A£1,619.50£6.14£3.06£2.04
Class B£715.50£6.03£4.02£2.68
Class C£595.00£6.03£4.02£2.68
Class D£998.00£6.03£4.02£2.68
Class E£446.00£4.02£2.68£1.79
Class F£438.50£3.22£2.14£1.43
Class G£1,242.00£8.04£5.36£3.57
Class H£504.00£8.04£5.36£3.57
Class I£403.50£8.04£5.36£3.57
(b) Guilty plea—other trial advocate
Offence falling withinBasic feeEvidence uplift Per page (pages 11 to 50)Evidence uplift Per page (pages 51 to 100)Evidence uplift Per page (pages 101 to 400)
Class A£810.00£3.07£1.53£1.02
Class B£204.50£1.72£1.15£0.77
Class C£170.00£1.72£1.15£0.77
Class D£285.00£1.72£1.15£0.77
Class E£127.50£1.15£0.77£0.51
Class F£125.50£0.92£0.61£0.41
Class G£355.00£2.30£1.53£1.02
Class H£144.00£2.30£1.53£1.02
Class I£115.00£2.30£1.53£1.02
(c) Cracked trial—Queen’s Counsel
Offence falling withinBasic feeEvidence uplift Per page (pages 11 to 50)Evidence uplift Per page (pages 51 to 100)Evidence uplift Per page (pages 101 to 250)
Class A£1,694.50£50.72£17.04£4.26
Class B£1,143.50£22.29£8.39£5.59
Class C£880.00£21.96£8.39£5.59
Class D£1,625.00£34.62£12.78£3.19
Class E£917.00£10.38£8.39£5.59
Class F£888.50£12.66£8.39£5.59
Class G£1,637.00£68.65£16.77£11.18
Class H£1,048.50£24.78£8.39£5.59
Class I£1,081.50£17.84£8.39£5.59
(d) Cracked trial—other trial advocate
Offence falling withinBasic feeEvidence uplift Per page (pages 11 to 50)Evidence uplift Per page (pages 51 to 100)Evidence uplift Per page (pages 101 to 250)
Class A£847.00£25.36£8.52£2.13
Class B£326.50£6.37£2.40£1.60
Class C£251.50£6.27£2.40£1.60
Class D£467.50£10.51£2.40£1.60
Class E£262.00£2.97£2.40£1.60
Class F£254.00£3.62£2.40£1.60
Class G£467.50£19.61£4.79£3.19
Class H£299.50£7.08£2.40£1.60
Class I£309.00£5.10£2.40£1.60

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