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

Article 4

SCHEDULE 1

PART 1 Interpretation and Application

Interpretation

1.—(1) In this Schedule—

(a) “contract” means the contract made between the Commission 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;

(b) a reference to a level is a reference to a level as described in the contract;

(c) a reference to a category is a reference to that category as described in the contract;

(d) the standard rates apply to work as described in the contract;

(e) the full day rate applies where the advocate is in court for more than 3.5 hours;

(f) the half day rate applies where the advocate is in court—

(i) at trial for 3.5 hours or less; or

(ii) for any hearing lasting for more than 2 hours, other than a trial, to which the full day rate does not apply; and

(g) the preliminary hearing rate applies where a hearing, other than a trial, lasts two hours or less.

(2) In Table 2, a reference to a junior includes a solicitor-advocate.

Application

2.—(1) Part 2 of this Schedule applies to work done pursuant to any Task List agreed between a member of the Very High Cost Case (Crime) Panel and the Lord Chancellor before 2nd December 2013.

(2) Subject to sub-paragraph (3), Part 3 of this Schedule applies to work done pursuant to any Task List agreed between a member of the Very High Cost Case (Crime) Panel and the Lord Chancellor on or after 2nd December 2013.

(3) Part 2 of the Schedule applies 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.

(4) For the purpose of sub-paragraph (3), any adjournment or postponement of a trial which takes place after the trial date is set must be disregarded.

(5) In this paragraph, “Task List” has the meaning given in the contract.

PART 2

Table 1

Preparation (hourly rates)

	Category 1 £	Category 2 £	Category 3 £	Category 4 £	Standard rates £
Solicitor
Level A	152.50	119.00	95.50	95.50	55.75
Level B	133.00	104.50	83.50	83.50	47.25
Level C	88.50	69.00	54.00	54.00	34.00
Pupil/junior	48.00	38.50	31.50	31.50
Counsel
QC	152.50	119.00	95.50	95.50
Leading junior	133.00	104.50	83.50	83.50
Led junior	95.50	76.00	65.00	65.00
Junior alone	104.50	85.50	74.00	74.00
2nd led junior	67.00	53.00	46.00	46.00
Solicitor Advocate
Leading level A	152.50	119.00	95.50	95.50
Led level A	133.00	104.50	83.50	83.50
Leading level B	133.00	104.50	83.50	83.50
Led level B	110.00	90.50	69.00	69.00
Level A alone	138.00	115.00	93.50	93.50
Level B alone	116.00	99.50	78.50	78.50
Second advocate	67.00	53.00	46.00	46.00

Table 2 Advocacy

	Preliminary hearing £	Half day £	Full day £
QC	119.00	250.00	500.00
Leading junior	90.50	205.25	410.50
Led junior	61.00	132.75	265.50
Junior alone	70.00	150.00	300.00
2nd led junior	35.50	67.50	135.00
Noting junior	30.50	57.50	115.00

Table 3 Attendance at court with Counsel (hourly rates for solicitors)

	£
Level A	42.25
Level B	34.00
Level C	20.50

Table 4 Travelling, waiting and mileage

	£
Travelling	25 per hour (up to a maximum of 4 hours in one day)
Waiting	25 per hour
Mileage	0.45 per mile

PART 3

Table 1

Preparation (hourly rates)

	Category 1 £	Category 2 £	Category 3 £	Category 4 £	Standard rates £
Solicitor
Level A	106.75	83.30	66.85	66.85	39.03
Level B	93.10	73.15	58.45	58.45	33.08
Level C	61.95	48.30	37.80	37.80	23.80
Pupil/junior	33.60	26.95	22.05	22.05
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

Table 2

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

Table 3

Attendance at court with Counsel (hourly rates for solicitors)

	£
Level A	29.58
Level B	23.80
Level C	14.35

Table 4

Travelling, waiting and mileage

	£
Travelling	25 per hour (up to a maximum of 4 hours in one day)
Waiting	25 per hour
Mileage	0.45 per mile