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The Criminal Defence Service (Funding) Order 2001

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PART 5MISCELLANEOUS

23.—(1) Where an assisted person is charged with more than one offence on one indictment, the graduated fee payable to the trial advocate shall be based on whichever of those offences he shall select for the purposes.

(2) Where two or more cases to which this Schedule applies involving the same trial advocate are heard concurrently (whether involving the same or different assisted persons):

(a)the trial advocate shall select one case (“the principal case”), which shall be treated for the purposes of remuneration in accordance with the previous paragraphs of this Schedule;

(b)in respect of the main hearing in each of the other cases the trial advocate shall be paid a fixed fee of twenty per cent of:

(i)the basic fee for the principal case, where that is a case falling within paragraph 2, or

(ii)the fixed fee for the principal case, where that is a case falling within paragraph 3.

(3) Where a person appears at a hearing specified in paragraph 11, 12(2), 13, 14, 15 or 16(a) or (b), forming part of two or more cases involving different assisted persons, he shall be paid:

(a)in respect of the first such case, the fixed fee for that hearing specified in the Table following paragraph 22; and

(b)in respect of each of the other cases, twenty per cent of that fee.

(4) Subject to sub-paragraphs (1) to (3), where a person appears at a hearing forming part of two or more cases, he shall be paid the fixed fee for that hearing specified in the Table following paragraph 22 in respect of one such case, without any increase in respect of the other cases.

24.—(1) Where in any case on indictment two trial advocates are instructed to represent the same assisted person:

(a)if the leading advocate is a Queen’s Counsel, he shall receive the same graduated fee as if he were appearing alone;

(b)if the leading advocate is not a Queen’s Counsel, he shall receive seventy-five per cent of the graduated fee payable to Queen’s Counsel appearing alone;

(c)in either case, the junior advocate shall receive one-half of the graduated fee payable to a Queen’s Counsel appearing alone.

(2) Where the assisted person is represented by a single trial advocate and another person charged on the same indictment with an offence falling within the same class is represented by two trial advocates, the single trial advocate shall receive the same graduated fee as if he were appearing as junior to another trial advocate.

(3) Sub-paragraph (2) shall not apply where the charge which the single trial advocate is instructed to defend (or where there is more than one such charge, the charge forming the basis of remuneration in accordance with paragraph 23(1)) is for an offence falling within Class A.

25.  Where a person is instructed to appear in court which is not within 40 kilometres of his office or chambers, the appropriate officer may allow an amount for travelling and other expenses incidental to that appearance; provided that the amount shall not be greater than the amount, if any, which would be payable to a trial advocate from the nearest local Bar or the nearest advocate’s office (whichever is the nearer) unless the person instructed to appear has obtained prior approval under CDS Regulations for the incurring of such expenses or can justify his attendance having regard to all the relevant circumstances of the case.

TABLE OF OFFENCES

OffenceContrary toYear and chapter
Class A: Homicide and related grave offences
MurderCommon law
ManslaughterCommon law
Soliciting to murderOffences against the Person Act 1861 s.41861 c. 100
Child destructionInfant Life (Preservation) Act 1929 s.1(1)1929 c. 34
InfanticideInfanticide Act 1938 s.1(1)1938 c. 36
Causing explosion likely to endanger life or propertyExplosive Substances Act 1883 s.21883 c. 3
Attempt to cause explosion, making or keeping explosive etc.Explosive Substances Act 1883 s.3as above
Class B: Offences involving serious violence or damage, and serious drugs offences
KidnappingCommon law
False imprisonmentCommon law
Aggravated criminal damageCriminal Damage Act 1971 s.1(2)1971 c. 48
Aggravated arsonCriminal Damage Act 1971 s.1(2), (3)as above
Arson (where value exceeds £30,000)Criminal Damage Act 1971 s.1(3)as above
Possession of firearm with intent to endanger lifeFirearms Act 1968 s.161968 c. 27
Use of firearm to resist arrestFirearms Act 1968 s.17as above
Possession of firearm with criminal intentFirearms Act 1968 s.18as above
Possession or acquisition of certain prohibited weapons etc.Firearms Act 1968 s.51968 c. 27
Aggravated burglaryTheft Act 1968 s.101968 c. 60
Armed robberyTheft Act 1968 s.8(1)as above
Assault with weapon with intent to robTheft Act 1968 s.8(2)as above
BlackmailTheft Act 1968 s.21as above
RiotPublic Order Act 1986 s.11986 c. 64
Violent disorderPublic Order Act 1986 s.2as above
Contamination of goods with intentPublic Order Act 1986 s.38as above
Causing death by dangerous drivingRoad Traffic Act 1988 s.11988 c. 52
Causing death by careless driving while under the influence of drink or drugsRoad Traffic Act 1988 s.3Aas above
Aggravated vehicle taking resulting in deathTheft Act 1968 s.12A1968 c. 60
Causing danger to road usersRoad Traffic Act 1988 s.22A1988 c. 52
Attempting to choke, suffocate, strangle etc.Offences against the Person Act 1861 s.211861 c. 100
Causing miscarriage by poison, instrumentOffences against the Person Act 1861 s.58as above
Making threats to killOffences against the Person Act 1861 s.16as above
Wounding or grievous bodily harm with intent to cause grievous bodily harm etc.Offences against the Person Act 1861 s.18as above
Endangering the safety of railway passengersOffences against the Person Act 1861 ss.32, 33, 34as above
Impeding persons endeavouring to escape wrecksOffences against the Person Act 1861 s.17as above
Administering chloroform, laudanum etc.Offences against the Person Act 1861 s.22as above
Administering poison etc. so as to endanger lifeOffences against the Person Act 1861 s.23as above
Cruelty to persons under 16Children and Young Persons Act 1933 s.11933 c. 12
Aiding and abetting suicideSuicide Act 1961 s.21961 c. 60
Placing wood etc. on railwayMalicious Damage Act 1861 s.351861 c. 97
Exhibiting false signals etc.Malicious Damage Act 1861 s.47as above
Prison mutinyPrison Security Act 1992 s.11992 c. 25
Assaulting prison officer whilst possessing firearm etc.Criminal Justice Act 1991 s.901991 c. 53
Acquiring, possessing etc. the proceeds of criminal conductCriminal Justice Act 1988 s.931988 c. 33
Producing or supplying a Class A or B drugMisuse of Drugs Act 1971 s.41971 c. 38
Possession of a Class A or B drug with intent to supplyMisuse of Drugs Act 1971 s.5(3)as above
Manufacture and supply of scheduled substancesCriminal Justice (International Co-operation) Act 1990 s.121990 c. 5
Fraudulent evasion of controls on Class A and B drugsCustoms and Excise Management Act 1979 ss.1, 70(2)(b), (c)1979 c. 2
Illegal importation of Class A and B drugsCustoms and Excise Management Act 1979 s.50as above
Offences in relation to proceeds of drug traffickingDrug Trafficking Act 1994 ss.49, 50 and 511994 c. 37
Offences in relation to money laundering investigationsDrug Trafficking Act 1994 ss.52 and 53as above
Practitioner contravening drug supply regulationsMisuse of Drugs Act 1971 ss.12 and 131971 c. 38
Cultivation of cannabis plantMisuse of Drugs Act 1971 s.6as above
Occupier knowingly permitting drugs offences etc.Misuse of Drugs Act 1971 s.8as above
Activities relating to opiumMisuse of Drugs Act 1971 s.9as above
Drug trafficking offences at seaCriminal Justice (International Co-operation) Act 1990 s.181990 c. 5
Firing on Revenue vesselCustoms and Excise Management Act 1979 s.851979 c. 2
Making or possession of explosive in suspicious circumstancesExplosive Substances Act 1883 s.4(1)1883 c. 3
Causing bodily injury by explosivesOffences against the Person Act 1861 s.281861 c. 100
Using explosive or corrosives with intent to cause grievous bodily harmOffences against the Person Act 1861 s.29as above
Hostage takingTaking of Hostages Act 1982 s.11982 c. 28
Assisting another to retain proceeds of terrorist activitiesNorthern Ireland (Emergency Provisions) Act 1991 s.531991 c. 24
Concealing or transferring proceeds of terrorist activitiesNorthern Ireland (Emergency Provisions) Act 1991 s.54as above
Offences against international protection of nuclear materialNuclear Material (Offences) Act 1983 s.21983 c. 18
Placing explosives with intent to cause bodily injuryOffences against the Person Act 1861 s.301861 c. 100
Membership of prescribed organisationsTerrorism Act 2000 s.112000 c. 11
Support or meeting of prescribed organisationsTerrorism Act 2000 s.12as above
Uniform of prescribed organisationsTerrorism Act 2000 s.13as above
Fund-raising for terrorismTerrorism Act 2000 s.15as above
Other offences involving money or property to be used for terrorismTerrorism Act 2000 ss.16–18as above
Disclosure prejudicing, or interference of material relevant to, investigation of terrorismTerrorism Act 2000 s.39as above
Weapons trainingTerrorism Act 2000 s.54as above
Directing terrorist organisationTerrorism Act 2000 s.56as above
Possession of articles for terrorist purposesTerrorism Act 2000 s.57as above
Unlawful collection of information for terrorist purposesTerrorism Act 2000 s.58as above
Incitement of terrorism overseasTerrorism Act 2000 s.59as above
Class C: Lesser offences involving violence or damage, and less serious drugs offences
Robbery (other than armed robbery)Theft Act 1968 s.8(1)1968 c. 60
Unlawful woundingOffences against the Person Act 1861 s.201861 c. 100
Assault occasioning actual bodily harmOffences against the Person Act 1861 s.47as above
Concealment of birthOffences against the Person Act 1861 s.60as above
Abandonment of children under twoOffences against the Person Act 1861 s.27as above
Arson (other than aggravated arson) where value does not exceed £30,000Criminal Damage Act 1971 s.1(3)1971 c. 48
Criminal damage (other than aggravated criminal damage)Criminal Damage Act 1971 s.1(1)as above
Possession of firearm without certificateFirearms Act 1968 s.11968 c. 27
Carrying loaded firearm in public placeFirearms Act 1968 s.19as above
Trespassing with a firearmFirearms Act 1968 s.20as above
Shortening of shotgun or possession of shortened shotgunFirearms Act 1968 s.4as above
Shortening of smooth bore gunFirearms Amendment Act 1988 s.6(1)1988 c. 45
Possession or acquisition of shotgun without certificateFirearms Act 1968 s.21968 c. 27
Possession of firearms by person convicted of crimeFirearms Act 1968 s.21(4)as above
Acquisition by or supply of firearms to person denied themFirearms Act 1968 s.21(5)as above
Dealing in firearmsFirearms Act 1968 s.3as above
Failure to comply with certificate when transferring firearmFirearms Act 1968 s.42as above
Permitting an escapeCommon law
RescueCommon law
Escaping from lawful custody without forceCommon law
Breach of prisonCommon law
Harbouring escaped prisonersCriminal Justice Act 1961 s.221961 c. 39
Assisting prisoners to escapePrison Act 1952 s.391952 c. 52
Fraudulent evasion of agricultural levyCustoms and Excise Management Act 1979 s.68A(1) and (2)1979 c. 2
Offender armed or disguisedCustoms and Excise Management Act 1979 s.86as above
Making threats to destroy or damage propertyCriminal Damage Act 1971 s.21971 c. 48
Possessing anything with intent to destroy or damage propertyCriminal Damage Act 1971 s.3as above
Child abduction by connected personChild Abduction Act 1984 s.11984 c. 37
Child abduction by other personChild Abduction Act 1984 s.2as above
Bomb hoaxCriminal Law Act 1977 s.511977 c. 45
Cutting away buoys etc.Malicious Damage Act 1861 s.481861 c. 97
Producing or supplying Class C drugMisuse of Drugs Act 1971 s.41971 c. 38
Possession of a Class C drug with intent to supplyMisuse of Drugs Act 1971 s.5(3)as above
Fraudulent evasion of controls on Class C drugsCustoms and Excise Management Act 1979 s.170(2)(b), (c)1979 c. 2
Illegal importation of Class C drugsCustoms and Excise Management Act 1979 s.50as above
Possession of Class A drugMisuse of Drugs Act 1971 s.5(2)1971 c. 38
Failure to disclose knowledge or suspicion of money launderingDrug Trafficking Offences Act 1986 s.26B1986 c. 32
Tipping-off in relation to money laundering investigationsDrug Trafficking Offences Act 1986 s.26Cas above
Assaults on officers saving wrecksOffences against the Person Act 1861 s.371861 c. 100
Attempting to injure or alarm the SovereignTreason Act 1842 s.21842 c. 51
Assisting illegal entry or harbouring personsImmigration Act 1971 s.251971 c. 77
Administering poison with intent to injure etc.Offences against the Person Act 1861 s.241861 c. 100
Neglecting to provide food for or assaulting servants etc.Offences against the Person Act 1861 s.26as above
Setting spring guns with intent to inflict grievous bodily harmOffences against the Person Act 1861 s.31as above
Supplying instrument etc. to cause miscarriageOffences against the Person Act 1861 s.59as above
Failure to disclose information about terrorismTerrorism Act 2000 s.192000 c. 11
Circumcision of femalesProhibition of Female Circumcision Act 1985 s.11985 c. 38
Breaking or injuring submarine telegraph cablesSubmarine Telegraph Act 1885 s.31885 c. 49
Failing to keep dogs under proper control resulting in injuryDangerous Dogs Act 1991 s.31991 c. 65
Making gunpowder etc. to commit offencesOffences against the Person Act 1861 s.641861 c. 100
Stirring up racial hatredPublic Order Act 1986 ss.18–231986 c. 64
Class D: Serious sexual offences, offences against children
RapeSexual Offences Act 1956 s.1(1)1956 c. 69
Administering drugs to obtain intercourseSexual Offences Act 1956 s.4as above
Sexual intercourse with girl under 13Sexual Offences Act 1956 s.5as above
Sexual intercourse with girl under 16Sexual Offences Act 1956 s.6as above
Sexual intercourse with defectiveSexual Offences Act 1956 s.7as above
Procurement of a defectiveSexual Offences Act 1956 s.9as above
IncestSexual Offences Act 1956 ss.10 and 11as above
Buggery of person under 16 or animalSexual Offences Act 1956 s.12as above
Gross indecency between male of 21 or over and male under 16Sexual Offences Act 1956 s.13as above
Indecent assault on a womanSexual Offences Act 1956 s.14as above
Indecent assault on a manSexual Offences Act 1956 s.15as above
Abuse of position of trustSexual Offences (Amendment) Act 2000 s.32000 c. 44
Indecency with children under 14Indecency with Children Act 1960 s.1(1)1960 c. 33
Taking, having etc. indecent photographs of childrenProtection of Children Act 1978 s.11978 c. 37
Assault with intent to commit buggerySexual Offences Act 1956 s.161956 c. 69
Abduction of woman by forceSexual Offences Act 1956 s.17as above
Permitting girl under 13 to use premises for sexual intercourseSexual Offences Act 1956 s.25as above
Man living on earnings of prostitutionSexual Offences Act 1956 s.30as above
Woman exercising control over prostituteSexual Offences Act 1956 s.31as above
Living on earnings of male prostitutionSexual Offences Act 1967 s.51967 c. 60
Incitement to commit incestCriminal Law Act 1977 s.541977 c. 45
Allowing or procuring child under 16 to go abroad to performChildren and Young Persons Act 1933 ss.25, 261933 c. 12
Sexual intercourse with patientsMental Health Act 1959 s.1281959 c. 72
Ill-treatment of persons of unsound mindMental Health Act 1983 s.1271983 c. 20
Abduction of unmarried girl under 18 from parentSexual Offences Act 1956 s.191956 c. 69
Abduction of unmarried girl under 16 from parentSexual Offences Act 1956 s.20as above
Abduction of defective from parentSexual Offences Act 1956 s.21as above
Procuration of girl under 21Sexual Offences Act 1956 s.23as above
Permitting girl under 16 to use premises for intercourseSexual Offences Act 1956 s.26as above
Permitting defective to use premises for intercourseSexual Offences Act 1956 s.27as above
Causing or encouraging prostitution of girl under 16Sexual Offences Act 1956 s.28as above
Causing or encouraging prostitution of defectiveSexual Offences Act 1956 s.29as above
Class E:
Burglary etc.
Burglary (domestic)Theft Act 1968 s.9(3)(a)1968 c. 60
Going equipped to stealTheft Act 1968 s.25as above
Burglary (non-domestic)Theft Act 1968 s.9(3)(b)as above
Classes F and G: Other offences of dishonesty
The following offences are always in Class F
Destruction of registers of births etc.Forgery Act 1861 s.361861 c. 98
Making false entries in copies of registers sent to registerForgery Act 1861 s.37as above
The following offences are always in Class G
Counterfeiting notes and coinsForgery and Counterfeiting Act 1981 s.141981 c. 45
Passing counterfeit notes and coinsForgery and Counterfeiting Act 1981 s.15as above
Offences involving custody or control of counterfeit notes and coinsForgery and Counterfeiting Act 1981 s.16as above
Making, custody or control of counterfeiting materials etc.Forgery and Counterfeiting Act 1981 s.175as above
Illegal importation: counterfeit notes or coinsCustoms and Excise Management Act 1979 s.501979 c. 2
Fraudulent evasion: counterfeit notes or coinsCustoms and Excise Management Act 1979 s.170(2)(b), (c)as above
The following offences are in Class G if the value involved exceeds £30,000 and in Class F otherwise
TheftTheft Act 1968 s.11968 c. 60
Removal of articles from places open to the publicTheft Act 1968 s.11as above
Abstraction of electricityTheft Act 1968 s.13as above
Obtaining property by deceptionTheft Act 1968 s.15as above
Obtaining pecuniary advantage by deceptionTheft Act 1968 s.16as above
False accountingTheft Act 1968 s.17as above
Handling stolen goodsTheft Act 1968 s.22as above
Obtaining services by deceptionTheft Act 1978 s.11978 c. 31
Evasion of liability by deceptionTheft Act 1978 s.2as above
Illegal importation: not elsewhere specifiedCustoms and Excise Management Act 1979 s.501979 c. 2
Counterfeiting Customs documentsCustoms and Excise Management Act 1979 s.168as above
Fraudulent evasion: not elsewhere specifiedCustoms and Excise Management Act 1979 s.170(2)(b), (c)as above
ForgeryForgery and Counterfeiting Act 1981 s.11981 c. 45
Copying false instrument with intentForgery and Counterfeiting Act 1981 s.2as above
Using a false instrumentForgery and Counterfeiting Act 1981 s.3as above
Using a copy of a false instrumentForgery and Counterfeiting Act 1981 s.4as above
Custody or control of false instruments etc.Forgery and Counterfeiting Act 1981 s.5as above
Offences in relation to dies or stampsStamp Duties Management Act 1891 s.131891 c. 38
Counterfeiting of dies or marksHallmarking Act 1973 s.61973 c. 43
Fraudulent application of trade markTrade Marks Act 1938 s.58A1938 c. 22
Class H: Miscellaneous lesser offences
Possession of offensive weaponPrevention of Crime Act 1953 s.11953 c. 14
AffrayPublic Order Act 1986 s.31986 c. 64
Assault with intent to resist arrestOffences against the Person Act 1861 s.381861 c. 100
Unlawful eviction and harassment of occupierProtection from Eviction Act 1977 s.11977 c. 43
Obscene articles intended for publication for gainObscene Publications Act 1964 s.11964 c. 74
Gross indecency between males (other than where one is 21 or over and the other is under 16)Sexual Offences Act 1956 s.131956 c. 69
Solicitation for immoral purposesSexual Offences Act 1956 s.32as above
Buggery of males of 16 or over otherwise than in privateSexual Offences Act 1956 s.12as above
Acts outraging public decencyCommon law
Offences of publication of obscene matterObscene Publications Act 1959 s.21959 c. 66
Keeping a disorderly houseCommon law; Disorderly Houses Act 1751 s.825 Geo. 2 c. 36
Indecent displayIndecent Displays (Control) Act 1981 s.11981 c. 42
Presentation of obscene performanceTheatres Act 1968 s.21968 c. 54
Procurement of intercourse by threats etc.Sexual Offences Act 1956 s.21956 c. 69
Causing prostitution of womenSexual Offences Act 1956 s.22as above
Detention of woman in brothel or other premisesSexual Offences Act 1956 s.24as above
Procurement of a woman by false pretencesSexual Offences Act 1956 s.3as above
Procuring others to commit homosexual actsSexual Offences Act 1967 s.41967 c. 60
Trade description offences (9 offences)Trade Descriptions Act 1968 ss.1, 8, 9, 12, 13, 14, 181968 c. 29
Absconding by person released on bailBail Act 1976 s.6(1), (2)1976 c. 63
Misconduct endangering ship or persons on board shipMerchant Shipping Act 1970 s.271970 c. 36
Obstructing engine or carriage on railwayMalicious Damage Act 1861 s.361861 c. 97
Offences relating to the safe custody of controlled drugsMisuse of Drugs Act 1971 s.111971 c. 38
Possession of Class B or C drugMisuse of Drugs Act 1971 s.5(2)as above
Wanton or furious drivingOffences against the Person Act 1861 s.351861 c. 100
Dangerous drivingRoad Traffic Act 1988 s.21988 c. 52
Forgery and misuse of driving documentsPublic Passenger Vehicles Act 1981 s.651981 c. 14
Forgery of driving documentsRoad Traffic Act 1960 s.2331960 c. 59
Forgery etc. of licences and other documentsRoad Traffic Act 1988 s.1731988 c. 52
Mishandling or falsifying parking documents etc.Road Traffic Regulation Act 1984 s.1151984 c. 27
Aggravated vehicle takingTheft Act 1968 s.12A1968 c. 60
Forgery, alteration, fraud of licences etc.Vehicle (Excise) Act 1971 s.261971 c. 10
Making off without paymentTheft Act 1978 s.31978 c. 31
Agreeing to indemnify suretiesBail Act 1976 s.9(1)1976 c. 63
Sending prohibited articles by postPost Office Act 1953 s.111953 c. 36
Impersonating Customs officerCustoms and Excise Management Act 1979 s.31979 c. 2
Obstructing Customs officerCustoms and Excise Management Act 1979 s.16as above
Class I: Offences against public justice and similar offences
Perverting the course of public justiceCommon law
Perjuries (7 offences)Perjury Act 1911 ss.1–7(2)1911 c. 6
Corrupt transactions with agentsPrevention of Corruption Act 1906 s.11906 c. 34
Corruption in public officePublic Bodies Corrupt Practices Act 1889 s.11889 c. 69
EmbraceryCommon law
Fabrication of evidence with intent to mislead a tribunalCommon law
Personation of jurorsCommon law
Concealing an arrestable offenceCriminal Law Act 1967 s.51967 c. 45
Assisting offendersCriminal Law Act 1967 s.4(1)as above
False evidence before European CourtEuropean Communities Act 1972 s.111972 c. 68
Personating for purposes of bail etc.Forgery Act 1861 s.341861 c. 60
Intimidating a witness, juror etc.Criminal Justice and Public Order Act 1994 s.51(1)1994 c. 33
Harming, threatening to harm a witness, juror etc.Criminal Justice and Public Order Act 1994 s.51(2)as above
Prejudicing a drug trafficking investigationDrug Trafficking Act 1994 s.58(1)1994 c. 37
Giving false statements to procure cremationCremation Act 1902 s.8(2)1902 c. 8
False statement tendered under section 9 of the Criminal Justice Act 1967Criminal Justice Act 1967 s.891967 c. 80
Making a false statement to obtain interim possession orderCriminal Justice and Public Order Act 1994 s.75(1)1994 c. 33
Making false statement to resist making of interim possession orderCriminal Justice and Public Order Act 1994 s.75(2)as above
False statement tendered under section 102 of the Magistrates' Courts Act 1980Magistrates' Courts Act 1980 s.1061980 c. 43
Making false statement to authorised officerTrade Descriptions Act 1968 s.29(2)1968 c. 29

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