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

Article 4

SCHEDULE 1

This schedule has no associated Explanatory Memorandum

PART 1Interpretation 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 A152.50119.0095.5095.5055.75
Level B133.00104.5083.5083.5047.25
Level C88.5069.0054.0054.0034.00
Pupil/junior48.0038.5031.5031.50
Counsel
QC152.50119.0095.5095.50
Leading junior133.00104.5083.5083.50
Led junior95.5076.0065.0065.00
Junior alone104.5085.5074.0074.00
2nd led junior67.0053.0046.0046.00
Solicitor Advocate
Leading level A152.50119.0095.5095.50
Led level A133.00104.5083.5083.50
Leading level B133.00104.5083.5083.50
Led level B110.0090.5069.0069.00
Level A alone138.00115.0093.5093.50
Level B alone116.0099.5078.5078.50
Second advocate67.0053.0046.0046.00

Table 2 Advocacy

Preliminary hearing

£

Half day

£

Full day

£

QC119.00250.00500.00
Leading junior90.50205.25410.50
Led junior61.00132.75265.50
Junior alone70.00150.00300.00
2nd led junior35.5067.50135.00
Noting junior30.5057.50115.00

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

£

Level A42.25
Level B34.00
Level C20.50

Table 4 Travelling, waiting and mileage

£

Travelling25 per hour (up to a maximum of 4 hours in one day)
Waiting25 per hour
Mileage0.45 per mile

PART 3

Table 1

Preparation (hourly rates)

Category 1

£

Category 2

£

Category 3

£

Category 4

£

Standard rates

£

Solicitor
Level A106.7583.3066.8566.8539.03
Level B93.1073.1558.4558.4533.08
Level C61.9548.3037.8037.8023.80
Pupil/junior33.6026.9522.0522.05
Counsel
QC106.7583.3066.8566.85
Leading junior93.1073.1558.4558.45
Led junior66.8553.2045.5045.50
Junior alone73.1559.8551.8051.80
2nd led junior46.9037.1032.2032.20
Solicitor Advocate
Leading level A106.7583.3066.8566.85
Led level A93.1073.1558.4558.45
Leading level B93.1073.1558.4558.45
Led level B77.0063.3548.3048.30
Level A alone96.6080.5065.4565.45
Level B alone81.2069.6554.9554.95
Second advocate46.9037.1032.2032.20

Table 2

Advocacy

Preliminary hearing

£

Half day

£

Full day

£

QC83.30175.00350.00
Leading junior63.35143.68287.00
Led junior42.7092.93185.85
Junior alone49.00105.00210.00
2nd led junior24.8547.2594.50
Noting junior21.3540.2580.50

Table 3

Attendance at court with Counsel (hourly rates for solicitors)

£

Level A29.58
Level B23.80
Level C14.35

Table 4

Travelling, waiting and mileage

£

Travelling25 per hour (up to a maximum of 4 hours in one day)
Waiting25 per hour
Mileage0.45 per mile