The Criminal Defence Service (Funding) Order 2007

Staged payments in long Crown Court proceedings

19.—(1) A litigator or an instructed advocate may submit a claim to the appropriate officer for a staged payment of his fees in relation to proceedings in the Crown Court.

(2) Where a claim is submitted in accordance with this article, a staged payment must be allowed where the appropriate officer is satisfied—

(a) that the claim relates to fees for a period of preparation of 100 hours or more, for which the litigator or instructed advocate will, subject to final determination of the fees payable, be entitled to be paid in accordance with Schedule 1 or Schedule 2, as appropriate; and

(b) that the period from committal, transfer or sending for trial (or from the date of the representation order, if later) to the conclusion of the Crown Court proceedings is likely to exceed 12 months, having regard, amongst other matters, to the number of defendants, the anticipated pleas and the weight and complexity of the case.

(3) In this article “preparation” means—

(a) in the case of advocates—

(i) reading the papers in the case;

(ii) contact with prosecutors;

(iii) written or oral advice on plea;

(iv) researching the law, preparation for examination of witnesses and preparation of oral submissions;

(v) viewing exhibits or undisclosed material at police stations;

(vi) written advice on evidence;

(vii) preparation of written submissions, notices or other documents for use at the trial; and

(viii) attendance at views at the scene of the alleged offence; and

(b) in the case of litigators—

(i) taking instructions;

(ii) interviewing witnesses;

(iii) ascertaining the prosecution case;

(iv) advising on plea and mode of trial;

(v) preparing and perusing documents;

(vi) dealing with letters and telephone calls which are not routine;

(vii) instructing an advocate and expert witnesses; and

(viii) attendance at conferences, consultations and views of the scene of the alleged offence,

and is limited to preparation done before the trial, except in proceedings in which a preparatory hearing has been ordered under section 8 of the Criminal Justice Act 1987 (commencement of trial and arraignment), in which case it is limited to preparation done before the date on which the jury is sworn (or on which it became certain, by reason of pleas of guilty or otherwise, that the matter would not proceed to trial).

(4) The amount allowed for preparation falling within paragraph (3)(a) must be computed by reference to the number of hours of preparation which it appears to the appropriate officer, without prejudice to the final determination of the fees payable, has been reasonably done, multiplied by the hourly rate for special preparation as set out in the table following paragraph 19 of Schedule 1, as appropriate to the category of advocate.

(5) The amount allowed for preparation falling within paragraph (3)(b) must be computed by reference to the number of hours of preparation which it appears to the appropriate officer, without prejudice to the final determination of the fees payable, has been reasonably done, multiplied by the relevant hourly rate prescribed in Part 1 of Schedule 2, as appropriate to the class of work and the grade and office location of the fee earner.

(6) A claim for staged payment of fees under this article must be made to the appropriate officer in such form and manner as he may direct, including such case plan as he may require for the purposes of paragraph (2)(a).

(7) A litigator or instructed advocate may claim further staged payments in accordance with this article in respect of further periods of preparation exceeding 100 hours which were not included in an earlier claim.

(8) Articles 29 to 31 do not apply to a payment under this article.