The Criminal Defence Service (Very High Cost Cases) (Funding) Order 2013

Amendment to paragraph 25 of Schedule 2 to the Criminal Defence Service (Funding) Order 2007

3.—(1) The Criminal Defence Service (Funding) Order 2007(1) is amended as follows.

(2) For the first two tables following paragraph 25 of Schedule 2 substitute—

“Preparation (hourly rates)	Category 1 £	Category 2 £	Category 3 £	Category 4 £
Counsel
QC	106.75	83.30	66.85	66.85
Leading junior	93.10	73.15	58.45	58.45
Led junior	66.85	53.20	45.50	45.50
Junior alone	73.15	59.85	51.80	51.80
2nd led junior	46.90	37.10	32.20	32.20
Solicitor-advocate
Leading level A	106.75	83.30	66.85	66.85
Led level A	93.10	73.15	58.45	58.45
Leading level B	93.10	73.15	58.45	58.45
Led level B	77.00	63.35	48.30	48.30
Level A alone	96.60	80.50	65.45	65.45
Level B alone	81.20	69.65	54.95	54.95
Second advocate	46.90	37.10	32.20	32.20

Advocacy	Preliminary hearing £	Half day £	Full day £
QC	83.30	175.00	350.00
Leading junior	63.35	143.68	287.00
Led junior	42.70	92.93	185.85
Junior alone	49.00	105.00	210.00
2nd led junior	24.85	47.25	94.50
Noting junior	21.35	40.25	80.50.”.

(3) Subject to paragraph (4), the amendments made by this article apply to work done pursuant to any Task List agreed between the litigator and the Lord Chancellor on or after 2nd December 2013.

(4) The amendments made by this article do not apply to work done in a case in which—

(a) the court has set a trial date before 2nd December 2013; and

(b) that trial date is on or before 31st March 2014.

(5) For the purpose of paragraph (4), any adjournment or postponement of a trial which takes place after the trial date is set must be disregarded.

(6) In this article, “Task List” has the meaning given in the contract made between the Commission(2) and members of the Very High Cost Case (Crime) Panel and dated 14th January 2008, as amended on 13th November 2008, 15th December 2008 and 5th May 2009(3).

(1)

S.I. 2007/1174. Paragraph 25 was inserted in Schedule 2 by article 3 of S.I. 2008/957 and amended by articles 3 and 4 of S.I. 2008/2930. It was omitted by articles 1(4) and 28 of S.I. 2011/2065 in relation to proceedings in which a representation order is granted on or after 3rd October 2011.

(2)

The property, rights, powers, duties and liabilities of the Commission were transferred to the Lord Chancellor by paragraph 7 of Schedule 4 to the Legal Aid, Sentencing and Punishment of Offenders Act 2012.

(3)

Copies of the Very High Cost Case (Crime) Panel contracts for panel members and panel advocates can be inspected at the Legal Aid Agency (Head Office) at 102 Petty France, London SW1H 9AJ.