The Criminal Defence Service (Funding) Order 2007

Claims for fees by advocates – Crown Court

5.—(1) Claims for fees by an instructed advocate in proceedings in the Crown Court must be made and determined in accordance with the provisions of Schedule 1 to this Order.

(2) A claim for fees under this article and Schedule 1 must be made by each instructed advocate.

(3) Subject to article 32, a claim by an instructed advocate for fees in respect of work done under a representation order must not be entertained unless he submits it within three months of the conclusion of the proceedings to which it relates.

(4) An instructed advocate must submit a claim for fees to the appropriate officer in such form and manner as he may direct.

(5) An instructed advocate must supply such further information and documents as the appropriate officer may require.

(6) Where a confiscation hearing under Part 2 of the Proceeds of Crime Act 2002(1) (Confiscation: England and Wales), section 2 of the Drug Trafficking Act 1994(2) (confiscation orders) or section 71 of the Criminal Justice Act 1988(3) (confiscation orders) is to be held more than 28 days after—

(a) the conclusion of the trial to which the representation order relates; or

(b) the entering of a guilty plea,

an instructed advocate may submit any claim for fees in respect of the trial or guilty plea as soon as the trial has concluded or the guilty plea has been entered.

(7) Where a representation order provides for representation by—

(a) a single advocate other than a QC, and a QC agrees to appear as the single advocate; or

(b) two or more advocates other than QC, and a QC agrees to appear as a leading junior,

that QC must be treated for all the purposes of this Order as having been instructed under that representation order, and his remuneration must be determined as if he were not a QC.

(8) This article does not apply to a Very High Cost Case which is the subject of an individual contract for the provision of funded services.

(1)

2002 c.29.

(2)

1994 c.37. Section 2 was repealed by sections 456 and 457 of, and Schedules 11 and 12 to, the Proceeds of Crime Act 2002, subject to certain savings set out in S.I. 2003/333.

(3)

1988 c.33. Section 2 was repealed by sections 456 and 457 of, and Schedules 11 and 12 to, the Proceeds of Crime Act 2002, subject to certain savings set out in S.I. 2003/333.