Search Legislation

Advanced Search

The Criminal Legal Aid (Remuneration) Regulations 2013

Help about what version

What Version

Help about advanced features

Advanced Features

Changes to legislation:

There are currently no known outstanding effects for the The Criminal Legal Aid (Remuneration) Regulations 2013. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

Statutory Instruments

2013 No. 435

Legal Aid And Advice, England And Wales

The Criminal Legal Aid (Remuneration) Regulations 2013

Made

26th February 2013

Laid before Parliament

28th February 2013

Coming into force

1st April 2013

The Lord Chancellor makes these Regulations M1 in exercise of the powers conferred by sections 2(3), 5(2) and (4), 30(2) and 41(1) to (3) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 M2.

Marginal Citations

M1Section 42(1) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10) provides that in Part 1 of that Act “regulations” means regulations made by the Lord Chancellor.

Citation and commencementE+W

1.  These Regulations may be cited as the Criminal Legal Aid (Remuneration) Regulations 2013 and shall come into force on 1st April 2013.

InterpretationE+W

2.—(1) In these Regulations—

“the Act” means the Legal Aid, Sentencing and Punishment of Offenders Act 2012;

“advocate” means a barrister, a solicitor advocate or a solicitor who is exercising their automatic rights of audience in the Crown Court;

[F1“AGFS Banding Document” means [F2version 1.2 (December 2018)] of the document called “Banding of Offences in the Advocates’ Graduated Fee Scheme (AGFS)”, published by the Ministry of Justice;]

“appropriate officer” means—

(a)

in the case of proceedings in the civil division of the Court of Appeal, the head of the civil appeals office;

(b)

in the case of proceedings in the criminal division of the Court of Appeal, the registrar of criminal appeals;

(c)

in the case of proceedings in the Crown Court, the Lord Chancellor;

(d)

in respect of advice or assistance as to an appeal from the Crown Court to the Court of Appeal (except in the case of an appeal under section 9(11) of the Criminal Justice Act 1987 M3 (preparatory hearings)) where, on the advice of any representative instructed, notice of appeal is given, or application for leave to appeal is made, whether or not such appeal is later abandoned, the registrar of criminal appeals;

(e)

in respect of advice or assistance as to an appeal to the Courts-Martial Appeal Court, the registrar of criminal appeals;

(f)

in respect of advice or assistance as to an appeal from the Court of Appeal to the Supreme Court, where the appeal is not lodged with the Supreme Court, the registrar of criminal appeals; and

(g)

in any other case, the Lord Chancellor,

and, in any case, includes an officer designated by the person who is the appropriate officer by virtue of paragraphs (a) to (g) to act on his behalf for the purposes of these Regulations;

“assisted person” means an individual in whose favour a section 16 determination has been made;

[F1“band” (in relation to a criminal offence) has the meaning given in paragraph 1(7) of Schedule 1;]

[F1“Class” (in relation to a criminal offence) has the meaning given in paragraph 1(7) of Schedule 2;]

“fee earner” means a litigator, or person employed by a litigator, who undertakes work on a case;

“instructed advocate” means—

(a)

where the section 16 determination provides for representation by a single advocate, the first barrister or solicitor advocate instructed in the case, who has primary responsibility for the case; or

(b)

where the section 16 determination provides for representation by more than one advocate, each of—

(i)

the leading instructed advocate; and

(ii)

the led instructed advocate;

“leading instructed advocate” means the first leading barrister or solicitor advocate instructed in the case who has primary responsibility for those aspects of a case undertaken by a leading advocate;

“led instructed advocate” means the first led barrister or solicitor advocate instructed in the case who has primary responsibility for those aspects of the case undertaken by a led advocate;

[F1“LGFS Table of Offences” means the table in Part 7 of Schedule 2;]

“litigator” means the person referred to in the representation order as representing an assisted person, being a solicitor, firm of solicitors or other appropriately qualified person.

[F3“main hearing” means—

(a)

in relation to a case which goes to trial, the trial;

(b)

in relation to a guilty plea (within the meaning of Schedule 1), the hearing at which pleas are taken or, where there is more than one such hearing, the last such hearing;

(c)

in relation to a cracked trial (within the meaning of Schedule 1), the hearing at which—

(i)

the case becomes a cracked trial by meeting the conditions in the definition of a cracked trial, whether or not any pleas were taken at that hearing; or

(ii)

a formal verdict of not guilty was entered as a result of the prosecution offering no evidence, whether or not the parties attended the hearing;

(d)

in relation to an appeal against conviction or sentence in the Crown Court, the hearing of the appeal;

(e)

in relation to proceedings arising out of a committal for sentence in the Crown Court, the sentencing hearing; and

(f)

in relation to proceedings arising out of an alleged breach of an order of the Crown Court, the hearing at which those proceedings are determined;]

“related proceedings” means—

(a)

two or more sets of proceedings involving the same defendant which are prepared, heard or dealt with together; or

(b)

proceedings involving more than one defendant which arise out of the same incident, so that the defendants are charged, tried or disposed of together;

“representation order” means a document which records a section 16 determination;

“representative” means a litigator or an advocate including, where appropriate, an instructed advocate [F4or trial advocate];

[F1“restriction order” has the meaning given in section 41 (power of higher courts to restrict discharge from hospital) of the Mental Health Act 1983;]

“section 16 determination” means a determination made under section 16 of the Act that an individual qualifies for representation for the purposes of criminal proceedings;

“senior solicitor” means a solicitor who, in the judgement of the appropriate officer, has the skill, knowledge and experience to deal with the most difficult and complex cases;

“solicitor advocate” means a solicitor who has obtained a higher courts advocacy qualification in accordance with regulations and rules of conduct of the Law Society;

“solicitor, legal executive or fee earner of equivalent experience” means a solicitor, Fellow of the Institute of Legal Executives or equivalent senior fee earner who, in the judgement of the appropriate officer, has good knowledge and experience of the conduct of criminal cases;

“trainee solicitor or fee earner of equivalent experience” means a trainee solicitor or other fee earner who is not a Fellow of the Institute of Legal Executives, who, in the judgement of the appropriate officer, carries out the routine work on a case;

[F3“trial advocate” means, unless otherwise provided, an advocate instructed pursuant to a section 16 determination to represent the assisted person at the main hearing in any case;]

“Very High Cost Case” means a case in which a section 16 determination has been made and which the Director classifies as a Very High Cost Case on the grounds that—

(a)

in relation to fees claimed by litigators—

(i)

if the case were to proceed to trial, the trial would in the opinion of the Director be likely to last for more than 40 days and the Director considers that there are no exceptional circumstances which make it unsuitable to be dealt with under an individual case contract for Very High Cost Cases made by the Lord Chancellor under section 2(1) of the Act; or

(ii)

if the case were to proceed to trial, the trial would in the opinion of the Director be likely to last no fewer than 25 and no more than 40 days and the Director considers that there are circumstances which make it suitable to be dealt with under an individual case contract for Very High Cost Cases made by the Lord Chancellor under section 2(1) of the Act;

(b)

in relation to fees claimed by advocates, if the case were to proceed to trial, the trial would in the opinion of the Director be likely to last for more than 60 days and the Director considers that there are no exceptional circumstances which make it unsuitable to be dealt with under an individual case contract for Very High Cost Cases made by the Lord Chancellor under section 2(1) of the Act.

[F5“Very High Cost Case contract” means the 2013 VHCC contract between the Lord Chancellor and a representative for the provision of representation under section 16 of the Act (criminal legal aid).]

(2) The fees and rates set out in the Schedules to these Regulations are exclusive of value added tax.

(3) A function of the Lord Chancellor or Director under these Regulations may be exercised by, or by an employee of, a person authorised for that purpose by the Lord Chancellor or Director respectively M4.

Textual Amendments

Marginal Citations

M4Section 6 of the Act (authorisations) makes provision for authorisations given for the purpose of section 5 of the Act (delegation) or regulations under that section.

ScopeE+W

3.—(1) Regulations 5(2), 10 and 14(1) apply to proceedings in magistrates' courts and to proceedings in the Crown Court.

(2) Regulation 8 and Schedule 4 apply to proceedings in magistrates' courts,[F6to proceedings in the] [F7county court, to proceedings in the family court,] to proceedings in the Crown Court and to proceedings in the High Court.

[F8(3) Regulations 16 and 31 and Schedule 5 apply to proceedings in magistrates’ courts, to proceedings in the county court, to proceedings in the family court, to proceedings in the Crown Court, to proceedings in the High Court and to proceedings in the Court of Appeal.]

(4) Regulations 4, 5(1) and (3) to (8), 13, 14(2) to (9), 15, 17 to 24 and 28 to 30 and Schedules 1 and 2 apply to proceedings in the Crown Court only.

(5) Regulations F9... 11 and 25 to 27, apply to proceedings in the Crown Court and to proceedings in the Court of Appeal.

[F10(5A) Regulation 9 applies to proceedings in magistrates’ courts, to proceedings in the Crown Court and to proceedings in the Court of Appeal.]

(6) Regulation 6 and Schedule 3 apply to proceedings in the Court of Appeal only.

(7) Regulation 7 applies to proceedings in the Supreme Court only.

(8) With the exception of [F11regulations 12 and 12A,] paragraphs 13(8) and (9) of Schedule 2 [F12and Schedule 6], these Regulations do not apply to Very High Cost Cases.

(9) For the purpose of these Regulations, any reference to the Court of Appeal includes as appropriate a reference to—

(a)the criminal division of the Court of Appeal;

(b)the civil division of the Court of Appeal;

(c)the Courts-Martial Appeal Court; and

(d)a Divisional Court of the High Court.

Textual Amendments

Claims for fees by advocates – Crown CourtE+W

4.—(1) Claims for fees by [F13a trial] advocate in proceedings in the Crown Court must be made and determined in accordance with the provisions of Schedule 1 to these Regulations.

(2) A claim for fees under this regulation and Schedule 1 must be made by each [F14trial] advocate.

(3) Subject to regulation 31, a claim by [F15a trial] advocate for fees in respect of work done pursuant to a section 16 determination must not be entertained unless [F16the trial] advocate submits it within three months of the conclusion of the proceedings to which it relates.

(4) [F17A trial] advocate must submit a claim for fees to the appropriate officer in such form and manner as the appropriate officer may direct.

(5) [F17A trial] 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 M5 (confiscation: England and Wales), section 2 of the Drug Trafficking Act 1994 M6 (confiscation orders) or section 71 of the Criminal Justice Act 1988 M7 (confiscation orders) is to be held more than 28 days after—

(a)the conclusion of the trial to which the section 16 determination relates; or

(b)the entering of a guilty plea,

[F18a trial] 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 the section 16 determination provides for representation by—

(a)a single advocate other than a QC; or

(b)two or more advocates other than QC,

and a QC agrees to appear as the single advocate or as a leading junior, that QC must be treated for all the purposes of these Regulations as having been instructed in relation to that determination, and the remuneration of that QC must be determined as if the advocate were not a QC.

[F19(8) In this regulation, where the main hearing is a trial, “trial advocate” means an advocate who—

(a)is instructed pursuant to a section 16 determination to represent the assisted person at the trial, and

(b)attends the first day of the trial] [F20, and for this purpose “trial” excludes any cross-examination or re-examination to which paragraph 13A(3) of Schedule 1 applies.]

Textual Amendments

Marginal Citations

M61994 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.

M71998 c. 33. Section 71 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.

Claims for fees and disbursements by litigators – Crown CourtE+W

5.—(1) Claims for fees by litigators in proceedings in the Crown Court must be made and determined in accordance with the provisions of Schedule 2 to these Regulations.

(2) Claims for disbursements by litigators in proceedings in the Crown Court or in proceedings in a magistrates' court which are subsequently F21... sent for trial to the Crown Court must be made and determined in accordance with the provisions of regulations 14 to 17.

(3) Subject to regulation 31, a claim by a litigator for fees in respect of work done pursuant to a section 16 determination must not be entertained unless the litigator submits it within three months of the conclusion of the proceedings to which it relates.

(4) Subject to paragraph (5), a claim by a litigator for fees in proceedings in the Crown Court must be submitted to the appropriate officer in such form and manner as the appropriate officer may direct and must be accompanied by the representation order and any receipts or other documents in support of any disbursement claimed.

(5) A claim under paragraph 20 or 26 of Schedule 2 to these Regulations must—

(a)summarise the items of work done by a fee earner in respect of which fees are claimed according to the classes specified in paragraph 26(2) of Schedule 2;

(b)state, where appropriate, the dates on which the items of work were done, the time taken, the sums claimed and whether the work was done for more than one assisted person;

(c)specify, where appropriate, the level of fee earner who undertook each of the items of work claimed; and

(d)give particulars of any work done in relation to more than one indictment or a retrial.

(6) Where the litigator claims that paragraph 29 of Schedule 2 applies in relation to an item of work, the litigator must give full particulars in support of the claim.

(7) The litigator must specify any special circumstances which the litigator considers should be drawn to the attention of the appropriate officer.

(8) The litigator must supply such further information and documents as the appropriate officer may require.

Textual Amendments

Proceedings in the Court of AppealE+W

6.  Claims for fees by representatives in proceedings in the Court of Appeal must be made and determined in accordance with the provisions of Schedule 3 to these Regulations.

Proceedings in the Supreme CourtE+W

7.—(1) In proceedings in the Supreme Court, the fees payable to a representative in respect of advice and assistance or representation made available to an individual in accordance with sections 15 or 16 of the Act must be determined by such officer as may be prescribed by order of the Supreme Court.

(2) Subject to paragraph (1), these Regulations do not apply to proceedings in the Supreme Court.

Claims for fees for certain categories of work to which the Standard Crime Contract appliesE+W

8.—(1) This regulation applies to—

(a)advice and assistance provided pursuant to a determination made under section 13 or section 15 of the Act;

(b)representation in proceedings in a magistrates' court pursuant to a section 16 determination;

(c)representation pursuant to a section 16 determination in proceedings prescribed as criminal proceedings under section 14(h) of the Act; and

(d)representation in appeals by way of case stated to the High Court.

(2) Claims for fees in cases to which this regulation applies must—

(a)be made and determined in accordance with the [F222022 Standard Crime Contract]; and

(b)be paid in accordance with the rates set out in Schedule 4.

(3) In this regulation and in Schedule 4, “[F222022 Standard Crime Contract]” means the contract so named between the Lord Chancellor and a person with whom the Lord Chancellor has made an arrangement under section 2(1) of the Act for the provision of advice, assistance and representation made available under sections 13, 15 and 16 of the Act.

Textual Amendments

Payments from other sourcesE+W

9.  Where representation is provided in respect of any proceedings, the representative, whether acting pursuant to a section 16 determination or otherwise, must not receive or be a party to the making of any payment for work done in connection with those proceedings, except such payments as may be made—

(a)by the Lord Chancellor; or

(b)in respect of any expenses or fees incurred in—

(i)preparing, obtaining or considering any report, opinion or further evidence, whether provided by an expert witness or otherwise; or

(ii)obtaining any transcripts or recordings,

where an application under regulation 13 for an authority to incur such fees or expenses has been refused by a committee appointed under arrangements made by the Lord Chancellor to deal with, amongst other things, appeals of, or review of, assessment of costs.

Cases F23...sent for trial to the Crown CourtE+W

F2410.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Proceedings for contemptE+W

11.  Where representation is provided in proceedings referred to in section 14(g) of the Act (proceedings for contempt in the face of a court), the Lord Chancellor may only pay remuneration for services in accordance with Schedules 1, 2 and 3.

Notification of Very High Cost CasesE+W

12.—(1) A litigator who has conduct of a case which is, or is likely to be classified as, a Very High Cost Case, must notify the Lord Chancellor in writing as soon as practicable.

(2) Where a litigator fails to comply with this regulation without good reason, and as a result there is a loss to public funds, the Lord Chancellor may refuse payment of the litigator's costs up to the extent of such loss.

(3) The Lord Chancellor must not refuse payment under paragraph (2) unless the litigator has been given a reasonable opportunity to show why the payment should not be refused.

[F25Fees in Very High Cost CasesE+W

12A.  Where services consisting of representation made available under section 16 of the Act (criminal legal aid) are provided in a case which is the subject of a Very High Cost Case contract, fees for that case must be paid—

(a)in accordance with the terms of that contract; and

(b)at the rates set out for the appropriate category and level of representative set out in Schedule 6 to these Regulations.]

Textual Amendments

Authorisation of expenditureE+W

13.—(1) Where it appears to a litigator necessary for the proper conduct of proceedings in the Crown Court for costs to be incurred in relation to representation by taking any of the following steps—

(a)obtaining a written report or opinion of one or more experts;

(b)employing a person to provide a written report or opinion (otherwise than as an expert);

(c)obtaining any transcripts or recordings; or

(d)performing an act which is either unusual in its nature or involves unusually large expenditure,

the litigator may apply to the Lord Chancellor for prior authority to do so.

(2) Where the Lord Chancellor authorises the taking of any step referred to in paragraph (1), the Lord Chancellor shall also authorise the maximum to be paid in respect of that step.

(3) A representative assigned to an assisted person in any proceedings in the Crown Court may apply to the Lord Chancellor for prior authority for the incurring of travelling and accommodation expenses in order to attend at the F26... main hearing in those proceedings.

Textual Amendments

Interim payment of disbursementsE+W

14.—(1) A litigator may submit a claim to the appropriate officer for payment of a disbursement for which the litigator has incurred liability in proceedings in the Crown Court, or in proceedings in a magistrates' court which are subsequently F27... sent for trial F28... to the Crown Court, in accordance with the provisions of this regulation.

(2) A claim for payment under paragraph (1) may be made where—

(a)a litigator has obtained prior authority to incur expenditure of £100 or more under regulation 13; and

(b)the litigator has incurred such a liability.

(3) Without prejudice to regulation 17(4) and (5) a claim for payment under paragraph (1) must not exceed the maximum amount authorised under the prior authority.

(4) A claim for payment under paragraph (1) may be made at any time before the litigator submits a claim for fees under regulation 5.

(5) A claim for payment under paragraph (1) must be submitted to the appropriate officer in such form and manner as the appropriate officer may direct and must be accompanied by the authority to incur expenditure and any invoices or other documents in support of the claim.

(6) Subject to regulation 16, the appropriate officer must allow the disbursement subject to the limit in paragraph (3) if it appears to have been reasonably incurred in accordance with the prior authority.

(7) The appropriate officer must notify the litigator and, where the disbursement claimed includes the fees or charges of any person, may notify that person of the appropriate officer's decision.

(8) Where the appropriate officer allows the disbursement, the appropriate officer must notify the litigator and, where the disbursement includes the fees or charges of any person, may notify that person, of the amount payable, and must authorise payment to the litigator accordingly.

(9) Regulations 28 to 30 do not apply to a payment under this regulation.

Textual Amendments

Interim disbursements and final determination of feesE+W

15.—(1) On a final determination of fees, regulations 5(2) and 17 apply notwithstanding that a payment has been made under regulation 14.

(2) Where the amount found to be due under regulation 17 in respect of a disbursement is less than the amount paid under regulation 14 (“the interim payment”), the appropriate officer must deduct the difference from the sum otherwise payable to the litigator on the determination of fees, and where the amount due under regulation 17 exceeds the interim payment, the appropriate officer must add the difference to the amount otherwise payable to the litigator.

Expert servicesE+W

16.—(1) Subject to paragraph (2), the Lord Chancellor may provide for the payment of expert services only at the fixed fees or at rates not exceeding the rates set out in Schedule 5.

(2) The appropriate officer may, in relation to a specific claim, increase the fixed fees or rates set out in Schedule 5 if that officer considers it reasonable to do so in exceptional circumstances.

(3) For the purposes of paragraph (2), exceptional circumstances are where the expert's evidence is key to the client's case and either—

(a)the complexity of the material is such that an expert with a high level of seniority is required; or

(b)the material is of such a specialised and unusual nature that only very few experts are available to provide the necessary evidence.

Determination of litigators' disbursementsE+W

17.—(1) Subject to paragraphs (2) to (5), the appropriate officer must allow such disbursements claimed under regulation 5(2) as appear to the appropriate officer to have been reasonably incurred.

(2) If the disbursements claimed are abnormally large by reason of the distance of the court or the assisted person's residence or both from the litigator's place of business, the appropriate officer may limit reimbursement of the disbursements to what otherwise would, having regard to all the circumstances, be a reasonable amount.

(3) No question as to the propriety of any step or act in relation to which prior authority has been obtained under regulation 13 may be raised on any determination of disbursements, unless the litigator knew or ought reasonably to have known that the purpose for which the authority was given had failed or had become irrelevant or unnecessary before the disbursements were incurred.

(4) Where disbursements are reasonably incurred in accordance with and subject to the limit imposed by a prior authority given under regulation 13, no question may be raised on any determination of fees as to the amount of the payment to be allowed for the step or act in relation to which the authority was given.

(5) Where disbursements are incurred in taking any steps or doing any act for which authority may be given under regulation 13, without such authority having been given or in excess of any fee so authorised, payment in respect of those disbursements may nevertheless be allowed on a determination of disbursements payable under regulation 5.

(6) Paragraph (7) applies where the Lord Chancellor receives a request for funding of an expert service of a type not listed in Schedule 5.

(7) In considering the rate at which to fund the expert service the Lord Chancellor—

(a)must have regard to the rates set out in Schedule 5; and

(b)may require more than one quotation for provision of the service to be submitted to the Lord Chancellor.

[F29Interim payment of litigators’ feesE+W

17A.—(1) A litigator may make a claim to the appropriate officer for an interim payment of the litigator’s fees, in relation to proceedings in the Crown Court, in accordance with this regulation.

(2) Subject to paragraphs (3) to (6), a litigator may make a claim for an interim payment under this regulation in relation to one or more of the following stages in the proceedings—

[F30(a)after the first hearing at which the assisted person enters a plea of not guilty;]

(b)where representation is transferred to the litigator following the ordering of a retrial, after the date for the retrial has been set; and

(c)after commencement of a trial which is listed for 10 days or more.

(3) A litigator may not make a claim for an interim payment under paragraph (2)(a) or (b) in relation to a case committed or sent for trial to the Crown Court on the election of a defendant where the magistrates’ court has determined the case to be suitable for summary trial.

(4) Subject to paragraphs (5) and (6), a litigator may make only one claim in relation to each of the stages in the proceedings set out in paragraph (2).

(5) A litigator may not make a claim for an interim payment under paragraph (2)(a) or (b) at the same time as, or after, that litigator has made a claim for an interim payment under paragraph (2)(c).

(6) A litigator may not make a claim for an interim payment under paragraph (2)(c) if the trial in question is a retrial and the litigator was the litigator for the first or a previous trial.

(7) A litigator may not make a claim for an interim payment at the same time as, or after, that litigator has made a claim under regulation 5.

(8) A litigator must make a claim for an interim payment to the appropriate officer in such form and manner as the appropriate officer may direct.

(9) A litigator must supply such information and documents as the appropriate officer may require to determine the claim for interim payment.

(10) Where a claim for an interim payment is made in accordance with this regulation, the appropriate officer must authorise payment.

(11) Where the claim is made under paragraph (2)(a) the amount of the interim payment is the sum of—

(a)the fee which, on a final determination of fees, would be paid to the litigator if paragraph 13 of Schedule 2 and the scenario “Before trial transfer (original litigator)” set out in the table following that paragraph applied; and

(b)any additional payments which, on a final determination of fees, would be paid to the litigator under paragraph 12 of Schedule 2.

(12) Where the claim is made under paragraph (2)(b), the amount of the interim payment is the sum of—

(a)the fee which, on a final determination of fees, would be paid to the litigator under paragraph 13 of Schedule 2 and the scenario “Transfer before cracked retrial (new litigator)” set out in the table following that paragraph; and

(b)any additional payments which, on a final determination of fees, would be paid to the litigator under paragraph 12 of Schedule 2.

(13) Where the claim is made under paragraph (2)(c), the amount of the interim payment is—

(a)the sum of—

(i)the fee determined in accordance with paragraph (14) on the basis that the trial length is one day; and

(ii)any additional payments which, on a final determination of fees, must be paid to the litigator under paragraph 12 of Schedule 2;

(b)less any amount paid to the litigator, in the proceedings in question, for a claim under paragraph (2)(a) or (b).

(14) The fee referred to in paragraph (13)(a)(i) is—

(a)where the number of pages of prosecution evidence is less than or equal to the PPE Cut-off specified in the table following paragraph 5(2) of Schedule 2, the basic fee specified in the table following paragraph 7(2) of that Schedule [F31as appropriate to the offence with which the assisted person is charged and the number of pages of prosecution evidence served on the court];

(b)where the pages of prosecution evidence exceeds the PPE Cut-off specified in the table following paragraph 5(2) of Schedule 2, the final fee as calculated in accordance with paragraph 9(2) of that Schedule [F31as appropriate to the offence with which the assisted person is charged and the number of pages of prosecution evidence served on the court].

(15) For purposes of paragraphs (11) to (14)—

(a)the number of defendants;

(b)the number of pages of prosecution evidence served on the court; and

(c)the offence with which the assisted person is charged

are determined as at the date of the claim for the interim payment.

(16) Where a litigator has received a hardship payment under regulation 21, the amount of that hardship payment must be deducted from any interim payment payable to that litigator under this regulation.

(17) Where a litigator has already received one or more interim payments under this regulation, the amount to be deducted under paragraph (16) excludes any hardship payment already deducted from any earlier interim payment.

(18) Regulations 28 to 30 do not apply to a payment under this regulation.

(19) In this regulation, [F32“cracked trial”, “guilty plea” and “PPE Cut-off” have] the meaning given in Schedule 2.]

[F33(20) For the purpose of this regulation, the number of pages of prosecution evidence served on the court must be determined in accordance with paragraph 1(3) to (5) of Schedule 2.]

Textual Amendments

Interim payments in cases awaiting determination of feesE+W

18.—(1) The appropriate officer must authorise an interim payment in respect of a claim for fees in proceedings in the Crown Court in accordance with this regulation.

(2) Entitlement to a payment arises in respect of a claim for fees by [F34a trial] advocate, where—

(a)the graduated fee claimed in accordance with Schedule 1 is £4,000 or more (exclusive of value added tax); and

(b)the claim for fees is for less than the amount mentioned in sub-paragraph (a) but is related to any claim for fees falling under sub-paragraph (a).

(3) For the purposes of this regulation, the following claims for fees are related to each other—

(a)the claims of [F35trial] advocates acting in the same proceedings for a defendant; and

(b)the claims of any [F35trial] advocate acting for any assisted person in related proceedings.

(4) Entitlement to a payment under paragraph (1) does not arise until three months have elapsed from the earlier of—

(a)the date on which the claim for fees is received by the appropriate officer for determination, except that where there are related claims for fees, the date on which the last claim is received by the appropriate officer; or

(b)three months after the conclusion of the last of any related proceedings.

(5) [F36A trial] advocate may submit a claim for an interim payment under this regulation where—

(a)no payment has been made under paragraph (1); and

(b)six months have elapsed from the conclusion of the proceedings against the assisted person.

(6) Subject to regulation 31, payment must not be made under this regulation unless the [F37trial] advocate has submitted a claim for fees in accordance with regulation 4(3).

[F38(7) In this regulation, where the main hearing is a trial, “trial advocate” means an advocate who—

(a)is instructed pursuant to a section 16 determination to represent the assisted person at the trial, and

(b)attends the first day of the trial] [F39, and for this purpose “trial” excludes any cross-examination or re-examination to which paragraph 13A(3) of Schedule 1 applies.]

Textual Amendments

Amount of interim payments in cases awaiting determination of feesE+W

19.—(1) Where entitlement to an interim payment arises under regulation 18, the amount payable is 40% of the total claim for fees, less any sum already paid.

(2) Regulations 28 to 30 do not apply to an interim payment under this regulation.

Staged payments in long Crown Court proceedingsE+W

20.—(1) An instructed advocate may submit a claim to the appropriate officer for a staged payment of the instructed advocate's fees in relation to proceedings in the Crown Court.

(2) Where a claim is submitted in accordance with this regulation, 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 instructed advocate will, subject to final determination of the fees payable, be entitled to be paid in accordance with Schedule 1; and

(b)that the period from F40... sending for trial F40... (or from the date of the section 16 determination, 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 regulation, “preparation” means—

(a)reading the papers in the case;

(b)contact with prosecutors;

(c)written or oral advice on plea;

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

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

(f)written advice on evidence;

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

(h)attendance at views at 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) must be determined 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 24 of Schedule 1, as appropriate to the category of advocate.

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

(6) An instructed advocate may claim further staged payments in accordance with this regulation in respect of further periods of preparation exceeding 100 hours which were not included in an earlier claim.

(7) Regulations 28 to 30 do not apply to a payment under this regulation.

Textual Amendments

Hardship paymentsE+W

21.—(1) Subject to paragraphs (5) and (6), the appropriate officer may allow a hardship payment to a representative in the circumstances set out in paragraph (2).

(2) Those circumstances are that the representative—

(a)represents the assisted person in proceedings in the Crown Court;

(b)applies for such payment, in such form and manner as the appropriate officer may direct, not less than [F41one month] after the representative was first instructed in those proceedings, or in related proceedings if the representative was instructed in those proceedings earlier than in the proceedings to which the application relates;

(c)is unlikely to receive final payment in respect of the proceedings, as determined under Schedule 1 or 2, within the three months following the application for the hardship payment; and

(d)satisfies the appropriate officer that, by reason of the circumstance in sub-paragraph (c), the representative is likely to suffer financial hardship.

(3) Every application for a hardship payment by an advocate must be accompanied by such information and documents as the appropriate officer may require as evidence of—

(a)the work done by the advocate in relation to the proceedings up to the date of the application; and

(b)the likelihood of financial hardship.

(4) Every application for a hardship payment by a litigator must be accompanied by such information and documents as the appropriate officer may require as evidence of—

(a)the Class of Offence with which the assisted person is charged, in accordance with [F42the LGFS Table of Offences];

(b)the length of trial, where appropriate;

(c)the number of pages of prosecution evidence, determined in accordance with paragraph 1(2) of Schedule 2;

(d)the total number of defendants in the proceedings who are represented by the litigator [F43, where appropriate];

(e)the likelihood of financial hardship.

(5) The amount of any hardship payment is at the discretion of the appropriate officer, but must not exceed such sum as would be reasonable remuneration for the work done by the representative in the proceedings up to the date of the application.

(6) A hardship payment must not be made if it appears to the appropriate officer that the sum which would be reasonable remuneration for the representative, or the sum required to relieve the representative's financial hardship, is less than [F44£450] (excluding value added tax).

(7) [F45Subject to paragraphs (9) and (10)] where the appropriate officer allows a hardship payment under paragraph (1), the appropriate officer must authorise payment accordingly.

(8) Where the application for a hardship payment is made by an advocate other than [F46a trial] advocate, and the appropriate officer allows a hardship payment under paragraph (1)—

[F47(a)payment must be made to the—

(i)appropriate trial advocate who attends the first day of trial, where the trial has commenced [F48, and for this purpose “trial” excludes any cross-examination or re-examination to which paragraph 13A(3) of Schedule 1 applies.];

(ii)appropriate trial advocate, where a trial has not commenced [F48, and for this purpose “trial” excludes any cross-examination or re-examination to which paragraph 13A(3) of Schedule 1 applies.], or

(iii)appropriate instructed advocate, where there is no trial advocate, and]

(b)the appropriate officer must notify the advocate who made the application that payment has been made to the [F49appropriate trial advocate or the appropriate] instructed advocate.

[F50(9) Where a litigator has received an interim payment under regulation 17A, the amount of that interim payment must be deducted from any hardship payment payable to that litigator under this regulation.

(10) Where a litigator has already received one or more hardship payments under this regulation, the amount deducted under paragraph (9) excludes any interim payment already deducted from any earlier hardship payment.]

[F51(11) In paragraph (8)—

“appropriate instructed advocate” means—

(a)

where the section 16 determination provides for representation by a single advocate, the instructed advocate, or

(b)

where the section 16 determination provides for representation by more than one advocate, the leading instructed advocate or the led instructed advocate, as appropriate, and

“appropriate trial advocate” means—

(a)

where the section 16 determination provides for representation by a single advocate, the trial advocate, or

(b)

where the section 16 determination provides for representation by more than one advocate, the leading trial advocate or the led trial advocate, as appropriate.]

Textual Amendments

Computation of final claim where an interim payment has been madeE+W

22.—(1) At the conclusion of a case in which one or more payments have been made to an instructed advocate [F52, a trial advocate] or a litigator under regulations [F5317A to 21], [F54the trial] advocate or litigator must submit a claim under regulation 4 or 5 for the determination of the overall remuneration, whether or not such a claim will result in any payment additional to those already made.

(2) In the determination of the amount payable to [F55a trial] advocate or litigator under regulation 4 or 5—

(a)the appropriate officer must deduct the amount of any payment made under regulations [F5317A to 21] in respect of the same case from the amount that would otherwise be payable; and

(b)if the amount of the interim payment is greater than the amount that would otherwise be payable, the appropriate officer may recover the amount of the difference, either by way of repayment by [F56the trial] advocate or litigator or by way of deduction from any other amount that may be due to [F56the trial] advocate or litigator.

[F57(3) In this regulation, where the main hearing is a trial, “trial advocate” means an advocate who—

(a)is instructed pursuant to a section 16 determination to represent the assisted person at the trial, and

(b)attends the first day of the trial] [F58, and for this purpose “trial” excludes any cross-examination or re-examination to which paragraph 13A(3) of Schedule 1 applies.]

Textual Amendments

Payment of fees to advocates – Crown CourtE+W

23.—(1) Having determined the fees payable to each [F59trial] advocate, in accordance with Schedule 1, the appropriate officer must notify each [F59trial] advocate of the fees payable and authorise payment accordingly.

(2) Where, as a result of any redetermination or appeal made or brought pursuant to regulations 28 to 30, the fees payable under paragraph (1) are altered—

(a)if they are increased, the appropriate officer must authorise payment of the increase; or

(b)if they are decreased, [F60the trial] advocate must repay the amount of such decrease.

(3) Where the payment of any fees of [F61a trial] advocate is ordered under regulation 29(12) or regulation 30(8), the appropriate officer must authorise payment.

[F62(4) In this regulation, where the main hearing is a trial, “trial advocate” means an advocate who—

(a)is instructed pursuant to a section 16 determination to represent the assisted person at the trial, and

(b)attends the first day of the trial] [F63, and for this purpose “trial” excludes any cross-examination or re-examination to which paragraph 13A(3) of Schedule 1 applies.]

Textual Amendments

Payment of fees to litigators – Crown CourtE+W

24.—(1) Having determined the fees payable to a litigator in accordance with Schedule 2, the appropriate officer must authorise payment accordingly.

(2) Where the appropriate officer determines that the fees payable under paragraph (1) are greater than or less than the amount claimed by the litigator under regulation 5(1), the appropriate officer must notify the litigator of the amount the appropriate officer has determined to be payable.

(3) Where, as a result of any redetermination or appeal made or brought pursuant to regulations 28 to 30, the fees payable under paragraph (1) are altered—

(a)if they are increased, the appropriate officer must authorise payment of the increase; or

(b)if they are decreased, the litigator must repay the amount of such decrease.

(4) Where the payment of any fees of the litigator is ordered under regulation 29(12) or regulation 30(8), the appropriate officer must authorise payment.

Recovery of overpaymentsE+W

25.—(1) This regulation applies where a representative is entitled to be paid a certain sum (“the amount due”) by virtue of the provisions of Schedule 1, 2 or 3 and, for whatever reason, the representative is paid an amount greater than that sum.

(2) Where this regulation applies, the appropriate officer may—

(a)require immediate repayment of the amount in excess of the amount due (“the excess amount”); or

(b)deduct the excess amount from any other sum which is or becomes payable to the representative by virtue of the provisions of Schedule 1, 2 or 3,

and where sub-paragraph (a) applies the representative must repay the excess amount to the appropriate officer.

(3) The appropriate officer may proceed under paragraph (2)(b) without first proceeding under paragraph (2)(a).

(4) Paragraph (2) applies notwithstanding that the representative to whom the excess amount was paid is exercising, or may exercise, a right under regulations 28 to 30.

[F64(5) In this regulation, where the main hearing is a trial, “trial advocate” means, for the purposes of the meaning of “representative”, the advocate who—

(a)is instructed pursuant to a section 16 determination to represent the assisted person at the trial, and

(b)attends the first day of the trial.]

Textual Amendments

Adverse observationsE+W

26.—(1) Where in any proceedings to which Schedule 1, 2 or 3 applies, the court makes adverse observations concerning a representative's conduct of the proceedings, the appropriate officer may reduce any fee which would otherwise be payable in accordance with Schedule 1, 2 or 3 by such proportion as the appropriate officer considers reasonable.

(2) Before reducing the fee payable to a representative in accordance with the provisions of paragraph (1), the appropriate officer must give the representative the opportunity to make representations about whether it is appropriate to reduce the fee and the extent to which the fee should be reduced.

Wasted costs ordersE+W

27.—(1) Subject to paragraph (2), where the court has disallowed the whole or any part of any wasted costs under section 19A of the Prosecution of Offences Act 1985 M8 (costs against legal representatives etc), the appropriate officer, in determining fees in respect of work done by the representative against whom the wasted costs order was made, may deduct the amount in the wasted costs order from the amount otherwise payable in accordance with these Regulations.

(2) Where the appropriate officer, in accordance with this regulation, is minded to disallow any amount of a claim for work done to which the wasted costs order relates, the appropriate officer must disallow that amount or the amount of the wasted costs order, whichever is the greater.

Marginal Citations

M81985 c. 23. Section 19A was inserted by section 111 of the Courts and Legal Services Act 1990 (c. 41).

Redetermination of fees by appropriate officerE+W

28.—(1) Where—

(a)an advocate in proceedings in the Crown Court is dissatisfied with the decision not to allow any of the following fees, or with the number of hours allowed in the calculation of such a fee, namely—

(i)a special preparation fee under paragraph 17 of Schedule 1; or

(ii)a wasted preparation fee under paragraph 18 of Schedule 1; or

(b)[F65a] [F66trial] advocate in proceedings in the Crown Court is dissatisfied with—

(i)the decision not to allow an hourly fee in respect of attendance at conferences or views at the scene of the alleged offence under paragraph 19 of Schedule 1, or with the number of hours allowed in the calculation of such a fee;

(ii)the calculation by the appropriate officer of the fee payable to the [F66trial] advocate in accordance with Schedule 1; or

(iii)the decision of the appropriate officer under paragraph 3(3) of Schedule 1 F67...; or

(c)a litigator is dissatisfied with—

(i)the [F68determination] by the appropriate officer of the fee payable to the litigator in accordance with Schedule 2; or

(ii)the decision of the appropriate officer under paragraph 3(3) of Schedule 2 F69...,

the advocate, [F66trial] advocate or litigator, as the case may be, may apply to the appropriate officer to redetermine those fees, to review that decision or to reclassify the offence, as appropriate.

(2) An application under paragraph (1) may not challenge the quantum of any of the fees set out in Schedule 1 or Schedule 2.

(3) Subject to regulation 31, an application under paragraph (1), or paragraph 11(1) of Schedule 3, must be made—

(a)within 21 days of the receipt of the fees payable under regulation 23, regulation 24 or paragraph 10 of Schedule 3, as appropriate;

(b)by giving notice in writing to the appropriate officer, specifying the matters in respect of which the application is made and the grounds of objection; and

(c)in such form and manner as the appropriate officer may direct.

(4) The notice of application must be accompanied by the information and documents supplied under regulation 4, regulation 5 or Schedule 3, as appropriate.

(5) The notice of application must state whether the applicant wishes to appear or to be represented and, if the applicant so wishes, the appropriate officer must notify the applicant of the hearing date and time.

(6) The applicant must supply such further information and documents as the appropriate officer may require.

(7) The appropriate officer must, in the light of the objections made by the applicant or on behalf of the applicant—

(a)redetermine the fees, whether by way of confirmation, or increase or decrease in the amount previously determined;

[F70(b)confirm—

(i)in the case of a redetermination requested by an advocate, the banding of the offence within band 17.1; or

(ii)in the case of a redetermination requested by a litigator, the classification of the offence within Class H; or]

(c)[F71re-band or] reclassify the offence,

as the case may be, and must notify the applicant of his decision.

(8) Where the applicant so requests, the appropriate officer must give reasons in writing for the appropriate officer's decision.

(9) Subject to regulation 31, any request under paragraph (8) must be made within 21 days of receiving notification of the appropriate officer's decision under paragraph (7).

[F72(10) In this regulation, where the main hearing is a trial, “trial advocate” means an advocate who—

(a)is instructed pursuant to a section 16 determination to represent the assisted person at the trial, and

(b)attends the first day of the trial.]

Textual Amendments

F67Words in reg. 28(1)(b)(iii) omitted (1.4.2018) by virtue of The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2018 (S.I. 2018/220), regs. 1, 5(2) (with reg. 34)

F68Word in reg. 28(1)(c)(i) substituted (1.4.2016) by The Criminal Legal Aid (Remuneration etc.) (Amendment) Regulations 2015 (S.I. 2015/1369), regs. 1(2)(b), 6(6) (with reg. 2(2)) (as amended by S.I. 2015/2049, reg. 2)

F69Words in reg. 28(1)(c)(ii) omitted (1.4.2018) by virtue of The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2018 (S.I. 2018/220), regs. 1, 5(3) (with reg. 34)

Appeals to a Costs JudgeE+W

29.—(1) Where the appropriate officer has given his reasons for his decision under regulation 28(8), a representative who is dissatisfied with that decision may appeal to a Costs Judge.

(2) Subject to regulation 31, an appeal under paragraph (1) or paragraph 11(2) of Schedule 3 must be instituted within 21 days of the receipt of the appropriate officer's reasons, by giving notice in writing to the Senior Costs Judge.

(3) The appellant must send a copy of any notice of appeal given under paragraph (2) to the appropriate officer.

(4) The notice of appeal must be accompanied by—

(a)a copy of any written representations given under regulation 28(3);

(b)the appropriate officer's reasons for the appropriate officer's decision given under regulation 28(8); and

(c)the information and documents supplied to the appropriate officer under regulation 28.

(5) The notice of appeal must—

(a)be in such form as the Senior Costs Judge may direct;

(b)specify separately each item appealed against, showing (where appropriate) the amount claimed for the item, the amount determined and the grounds of the objection to the determination; and

(c)state whether the appellant wishes to appear or to be represented or whether the appellant will accept a decision given in the appellant's absence.

(6) The Senior Costs Judge may, and if so directed by the Lord Chancellor either generally or in a particular case must, send to the Lord Chancellor a copy of the notice of appeal together with copies of such other documents as the Lord Chancellor may require.

(7) With a view to ensuring that the public interest is taken into account, the Lord Chancellor may arrange for written or oral representations to be made on the Lord Chancellor's behalf and, if the Lord Chancellor intends to do so, the Lord Chancellor must inform the Senior Costs Judge and the appellant.

(8) Any written representations made on behalf of the Lord Chancellor under paragraph (7) must be sent to the Senior Costs Judge and the appellant and, in the case of oral representations, the Senior Costs Judge and the appellant must be informed of the grounds on which such representations will be made.

(9) The appellant must be permitted a reasonable opportunity to make representations in reply.

(10) The Costs Judge must inform the appellant (or the person representing him) and the Lord Chancellor, where representations have been or are to be made on the Lord Chancellor's behalf, of the date of any hearing and, subject to the provisions of this regulation, may give directions as to the conduct of the appeal.

(11) The Costs Judge may consult the trial judge or the appropriate officer and may require the appellant to provide any further information which the Costs Judge requires for the purpose of the appeal and, unless the Costs Judge otherwise directs, no further evidence may be received on the hearing of the appeal and no ground of objection may be raised which was not raised under regulation 28.

(12) The Costs Judge has the same powers as the appropriate officer under these Regulations and, in the exercise of such powers, may alter the redetermination of the appropriate officer in respect of any sum allowed, whether by increasing or decreasing it, as the Costs Judge thinks fit.

(13) The Costs Judge must communicate his decision and the reasons for it in writing to the appellant, the Lord Chancellor and the appropriate officer.

(14) Where the Costs Judge increases the sums redetermined under regulation 28, the Costs Judge may allow the appellant a sum in respect of part or all of any reasonable costs incurred by the appellant in connection with the appeal (including any fee payable in respect of an appeal).

Appeals to the High CourtE+W

30.—(1) A representative who is dissatisfied with the decision of a Costs Judge on an appeal under regulation 29 may apply to a Costs Judge to certify a point of principle of general importance.

(2) Subject to regulation 31, an application under paragraph (1) or paragraph 11(3) of Schedule 3 must be made within 21 days of receiving notification of a Costs Judge's decision under regulation 29(13).

(3) Where a Costs Judge certifies a point of principle of general importance the appellant may appeal to the High Court against the decision of a Costs Judge on an appeal under regulation 29, and the Lord Chancellor must be a respondent to such an appeal.

(4) Subject to regulation 31, an appeal under paragraph (3) must be instituted within 21 days of receiving notification of a Costs Judge's certificate under paragraph (1).

(5) Where the Lord Chancellor is dissatisfied with the decision of a Costs Judge on an appeal under regulation 29, the Lord Chancellor may, if no appeal has been made by an appellant under paragraph (3), appeal to the High Court against that decision, and the appellant must be a respondent to the appeal.

(6) Subject to regulation 31, an appeal under paragraph (5) must be instituted within 21 days of receiving notification of the Costs Judge's decision under regulation 29(13).

(7) An appeal under paragraph (3) or (5) must—

(a)be brought in the Queen's Bench Division;

(b)subject to paragraph (4), follow the procedure set out in Part 52 of the Civil Procedure Rules 1998 M9; and

(c)be heard and determined by a single judge whose decision will be final.

(8) The judge has the same powers as the appropriate officer and a Costs Judge under these Regulations and may reverse, affirm or amend the decision appealed against or make such other order as the judge thinks fit.

Marginal Citations

Time limitsE+W

31.—(1) Subject to paragraph (2), the time limit within which any act is required or authorised to be done under these Regulations may, for good reason, be extended—

(a)in the case of acts required or authorised to be done under regulations 29 or 30, by a Costs Judge or the High Court as the case may be; and

(b)in the case of acts required or authorised to be done by a representative under any other regulation, by the appropriate officer.

(2) Where a representative without good reason has failed (or, if an extension were not granted, would fail) to comply with a time limit, the appropriate officer, a Costs Judge or the High Court, as the case may be, may, in exceptional circumstances, extend the time limit and must consider whether it is reasonable in the circumstances to reduce the fees payable to the representative under regulations 4, 5 or 6, provided that the fees must not be reduced unless the representative has been allowed a reasonable opportunity to show cause orally or in writing why the fees should not be reduced.

(3) A representative may appeal to a Costs Judge against a decision made under this regulation by an appropriate officer and such an appeal must be instituted within 21 days of the decision being given by giving notice in writing to the Senior Costs Judge specifying the grounds of appeal.

[F73(4) In this regulation, where the main hearing is a trial, “trial advocate” means, for the purposes of the meaning of “representative”, the advocate who—

(a)is instructed pursuant to a section 16 determination to represent the assisted person at the trial, and

(b)attends the first day of the trial.]

Textual Amendments

Signed by authority of the Lord Chancellor

McNally

Minister of State

Ministry of Justice

Regulation 4

SCHEDULE 1E+WAdvocates' Graduated Fee Scheme

PART 1E+WDefinitions and Scope

InterpretationE+W

1.—(1) In this Schedule—

“case” means proceedings in the Crown Court against any one assisted person—

(a)

on one or more counts of a single indictment;

(b)

arising out of a single notice of appeal against conviction or sentence, or a single committal for sentence, whether on one or more charges; or

(c)

arising out of a single alleged breach of an order of the Crown Court,

and a case falling within paragraph (c) must be treated as a separate case from the proceedings in which the order was made;

“cracked trial” means a case on indictment in which—

(a)

[F74the assisted person enters a plea of not guilty to one or more counts at the first hearing at which he or she enters a plea] and—

(i)

the case does not proceed to trial (whether by reason of pleas of guilty or for other reasons) or the prosecution offers no evidence; and

(ii)

either—

(aa)

in respect of one or more counts to which the assisted person pleaded guilty, the assisted person did not so plead at [F75first hearing at which he or she entered a plea]; or

(bb)

in respect of one or more counts which did not proceed, the prosecution did not, before or at the [F76first hearing at which the assisted person entered a plea], declare an intention of not proceeding with them; or

(b)

the case is listed for trial without a [F77hearing at which the assisted person enters a plea];

[F78“excluded hearing” means—

(a)

the first hearing at which the assisted person enters a plea;

(b)

any hearing which forms part of the main hearing, or

(c)

any hearing for which a fee is payable under a provision of this Schedule other than paragraph 12(2);]

“guilty plea” means a case on indictment which—

(a)

is disposed of without a trial because the assisted person pleaded guilty to one or more counts; and

(b)

is not a cracked trial;

F79...

“Newton Hearing” means a hearing at which evidence is heard for the purpose of determining the sentence of a convicted person in accordance with the principles of R v Newton (1982) 77 Cr App R 13;

“standard appearance” means an appearance by the trial advocate or substitute advocate in any of the following hearings [F80unless it is an excluded hearing]—

(a)

F81...

(b)

a pre-trial review;

(ba)

F82[F83...

(bb)

a case management hearing;]

(c)

the hearing of a case listed for plea which is adjourned for trial;

(d)

any hearing (except a trial, [F84the first hearing at which the assisted person enters a plea] or a hearing referred to in paragraph 2(1)(b)) which is listed but cannot proceed because of the failure of the assisted person or a witness to attend, the unavailability of a pre-sentence report or other good reason;

(e)

custody time limit applications;

(f)

bail and other applications (except where any such applications take place in the course of a hearing referred to in paragraph 2(1)(b));

(g)

the hearing of the case listed for mention only, including applications relating to the date of the trial (except where an application takes place in the course of a hearing referred to in paragraph 2(1)(b));

(h)

F85...

(i)

a preliminary hearing; or

(j)

a hearing, whether contested or not, relating to breach of bail, failure to surrender to bail or execution of a bench warrant,

provided that a fee is not payable elsewhere under this Schedule in respect of the hearing;

“substitute advocate” means an advocate who is not an instructed advocate or the trial advocate but who undertakes work on the case; F86...

F79...

[F87“unused material” means material disclosed pursuant to the prosecutors’ obligations in Part 1 of the Criminal Procedure and Investigations Act 1996, but does not include—

(a)

witness statements;

(b)

documentary and pictorial exhibits;

(c)

records of interviews with the assisted person; and

(d)

records of interviews with other defendants].

(2) For the purposes of this Schedule, the number of pages of prosecution evidence served on the court must be determined in accordance with sub-paragraphs (3) to (5).

(3) The number of pages of prosecution evidence includes all—

(a)witness statements;

(b)documentary and pictorial exhibits;

(c)records of interviews with the assisted person; and

(d)records of interviews with other defendants,

which form part of the F88... served prosecution documents or which are included in any notice of additional evidence.

(4) Subject to sub-paragraph (5), a document served by the prosecution in electronic form is included in the number of pages of prosecution evidence.

(5) A documentary or pictorial exhibit which—

(a)has been served by the prosecution in electronic form; and

(b)has never existed in paper form,

is not included within the number of pages of prosecution evidence unless the appropriate officer decides that it would be appropriate to include it in the pages of prosecution evidence taking into account the nature of the document and any other relevant circumstances.

(6) In proceedings on indictment in the Crown Court initiated otherwise than by [F89sending] for trial, the appropriate officer must determine the number of pages of prosecution evidence in accordance with sub-paragraphs (2) to (5) or as nearly in accordance with those sub-paragraphs as possible as the nature of the case permits.

[F90(7) A reference in this Schedule to a “band” is to the band of the offence concerned set out in Table B in the AGFS Banding Document, as read in conjunction with Table A in that document.

(8) Where the band within which an offence described in Table B in the AGFS Banding Document falls depends on the facts of the case, the band within which the offence falls is to be determined by reference to Table A in that document.]

Textual Amendments

F81Words in Sch. 1 para. 1(1) omitted (1.4.2018) by virtue of The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2018 (S.I. 2018/220), regs. 1, 7(a)(i) (with reg. 34)

F90Sch. 1 para. 1(7)(8) substituted for Sch. 1 para. 1(7) (1.4.2018) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2018 (S.I. 2018/220), regs. 1, 7(b) (with reg. 34)

ApplicationE+W

2.—(1) Subject to sub-paragraphs (2) to (11), this Schedule applies to—

(a)every case on indictment; and

(b)the following proceedings in the Crown Court—

(i)an appeal against conviction or sentence;

(ii)a sentencing hearing following a committal for sentence to the Crown Court; and

(iii)proceedings arising out of an alleged breach of an order of the Crown Court (whether or not this Schedule applies to the proceedings in which the order was made).

(2) [F91Sub-paragraph (3) applies] where, following a trial, an order is made for a new trial and the same trial advocate appears at both trials where—

(a)the defendant is an assisted person at both trials; or

(b)the defendant is an assisted person at the new trial only; or

(c)the new trial is a cracked trial or guilty plea.

(3) F92... In respect of a new trial, or if the trial advocate so elects, in respect of the first trial, the graduated fee payable to the trial advocate must be calculated in accordance with Part 2 or Part 3, as appropriate, except that the fee must be reduced by—

(a)30%, where the new trial started within one month of the conclusion of the first trial;

(b)20%, where the new trial did not start within one month of the conclusion of the first trial;

(c)40%, where the new trial becomes a cracked trial or guilty plea within one month of the conclusion of the first trial; or

(d)25% where the new trial becomes a cracked trial or guilty plea more than one month after the conclusion of the first trial.

F93(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) [F94Sub-paragraph (6) applies] in the circumstances set out in sub-paragraph (2) but where a different trial advocate appears for the assisted person at each trial.

(6) F95... In respect of each trial, the graduated fee payable to the trial advocate must be calculated in accordance with Part 2 or Part 3 as appropriate.

F96(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8) Where following a case on indictment a Newton hearing takes place—

(a)for the purposes of this Schedule the case is to be treated as having gone to trial;

(b)the length of the trial is to be taken to be the combined length of the main hearing and the Newton hearing;

(c)the provisions of this Schedule relating to cracked trials and guilty pleas do not apply; and

(d)no fee is payable under paragraph 15 in respect of the Newton hearing.

F97(9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F98(10) Where, at any time after proceedings are sent for trial to the Crown Court they are—

(a)discontinued by a notice served under section 23A of the Prosecution of Offences Act 1985 (discontinuance of proceedings after accused has been sent for trial), or

(b)dismissed pursuant to paragraph 2 of Schedule 3 to the Crime and Disorder Act 1998 (applications for dismissal),

the provisions of paragraph 22 apply.]

(11) For the purposes of this Schedule, a case on indictment which discontinues at or before [F99the first hearing at which the assisted person enters a plea] otherwise than—

(a)by reason of a plea of guilty being entered; or

(b)in accordance with sub-paragraph (10),

must be treated as a guilty plea.

Textual Amendments

[F100Bands of Offences]E+W

3.—(1) For the purposes of this Schedule—

(a)every indictable offence falls within the [F101band of that offence set out in the AGFS Banding Document] and, subject to sub-paragraph (2), indictable offences not specifically so listed are deemed to fall within [F102band 17.1];

(b)conspiracy to commit an indictable offence contrary to section 1 of the Criminal Law Act 1977 M10 (the offence of conspiracy), incitement to commit an indictable offence and attempts to commit an indictable offence contrary to section 1 of the Criminal Attempts Act 1981 M11 (attempting to commit an offence) fall within the same [F103band] as the substantive offence to which they relate;

(c)where the [F104AGFS Banding Document] specifies that the [F105band] within which an offence falls depends on whether the value [F106, amount or weight] involved exceeds a stated limit, the value [F106, amount or weight] must be presumed not to exceed that limit unless the advocate making the claim under regulation 4 proves otherwise to the satisfaction of the appropriate officer;

(d)where more than one count of the indictment is for an offence in relation to which the [F107band] depends on the value [F108, amount or weight] involved, that value [F108, amount or weight] must be taken to be the total value [F108, amount or weight] involved in all those offences, but where two or more counts relate to the same property, the value [F108, amount or weight] of that property must be taken into account once only;

(e)where an entry in the [F109AGFS Banding Document] specifies an offence as being contrary to a statutory provision, then subject to any express limitation in the entry that entry includes every offence contrary to that statutory provision whether or not the words of description in the entry are appropriate to cover all such offences;

(f)where in a case on indictment there is a hearing to determine the question of whether an assisted person is unfit to plead or unfit to stand trial, the trial advocate must elect whether that hearing falls within the same [F110band] as the indictable offence to which it relates or within [F111band 5.3]; and

[F112(g)where in a case on indictment a restriction order is made, the offence is to be treated as if it falls within band 1.3, regardless of the band within which the offence would fall within the AGFS Banding Document but for this paragraph.]

(2) Where an advocate in proceedings in the Crown Court is dissatisfied with the [F113banding within band 17.1] of an indictable offence not listed in the [F114AGFS Banding Document], the advocate may apply to the appropriate officer when lodging the claim for fees to [F115re-band] the offence.

(3) The appropriate officer must, in light of the objections made by the advocate—

(a)confirm the [F116banding] of the offence within [F117band 17.1]; or

(b)[F118re-band] the offence,

and must notify the advocate of the decision.

Textual Amendments

Marginal Citations

PART 2E+WGraduated Fees for Trial

Calculation of Graduated FeesE+W

4.  The amount of the graduated fee for a single trial advocate representing one assisted person being tried on one indictment in the Crown Court in a trial F119... must be calculated in accordance with the following formula—

[F120Where—

GF is the amount of the graduated fee;

BF is the basic fee specified as appropriate to the band of the offence for which the assisted person is tried and the category of trial advocate (see paragraph 5);

D is the number of days or parts of a day on which the advocate attends at court by which the trial exceeds 1 day;

DAF is the fee payable in respect of daily attendance at court for the number of days by which the trial exceeds 1 day, as appropriate to the band of the offence for which the assisted person is tried and the category of trial advocate (see paragraph 5A).]

Textual Amendments

[F121Basic feesE+W

5.  For the purposes of paragraph 4, in relation to the offence concerned, the basic fee is the amount set out in the table following this paragraph which corresponds with the band within which that offence falls (as set out in column (1) of the table) and the category of the advocate concerned (as set out in columns (2) to (4) of the table).

[F122(1) Band of offenceAmount of basic fee per category of trial advocate
(2) Junior Alone or Led Junior(3) Leading Junior(4) Queen’s Counsel
1.1£9,873£14,812£19,746
1.2£4,939£7,412£9,879
1.3£2,961£4,445£5,923
1.4£2,467£3,703£4,934
2.1£9,873£14,812£19,746
2.2£2,961£4,445£5,923
3.1£4,065£6,101£8,131
3.2£2,323£3,485£4,646
3.3£1,380£2,070£2,760
3.4£978£1,466£1,955
3.5£863£1,294£1,725
4.1£2,323£3,485£4,646
4.2£1,800£2,703£3,600
4.3£1,742£2,616£3,485
5.1£2,185£3,278£4,370
5.2£1,627£2,444£3,255
5.3£1,162£1,742£2,323
6.1£9,758£14,640£19,516
6.2£8,855£13,283£17,710
6.3£3,283£4,928£6,567
6.4£1,162£1,742£2,323
6.5£932£1,397£1,863
7.1£1,627£2,444£3,255
7.2£932£1,397£1,863
7.3£874£1,311£1,748
8.1£1,392£2,087£2,783
9.1£6,739£10,109£13,478
9.2£4,646£6,969£9,292
9.3£3,485£5,227£6,969
9.4£3,048£4,571£6,095
9.5£1,857£2,789£3,715
9.6£1,392£2,087£2,783
9.7£932£1,397£1,863
10.1£2,553£3,830£5,106
11.1£1,610£2,415£3,220
11.2£920£1,380£1,840
12.1£2,438£3,657£4,876
12.2£1,512£2,271£3,025
12.3£1,047£1,570£2,093
13.1£2,070£3,105£4,140
14.1£2,674£4,014£5,348
15.1£1,857£2,789£3,715
15.2£1,610£2,415£3,220
15.3£978£1,466£1,955
16.1£2,553£3,830£5,106
16.2£1,857£2,789£3,715
16.3£1,162£1,742£2,323
17.1£834£1,254£1,668]

Textual Amendments

F121Sch. 1 paras. 5, 5A substituted for Sch. 1 para. 5 (1.4.2018) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2018 (S.I. 2018/220), regs. 1, 10 (with reg. 34)

Daily attendance feesE+W

5A.  For the purposes of paragraph 4, in relation to the offence concerned, the daily attendance fee is the amount set out in the table following this paragraph which corresponds with the band within which that offence falls (as set out in column (1) of the table) and the category of the advocate concerned (as set out in columns (2) to (4) of the table).

[F123(1) Band of offenceAmount of daily attendance fee per category of trial advocate
(2) Junior Alone or Led Junior(3) Leading Junior(4) Queen’s Counsel
1.1£667£1,001£1,334
1.2£667£1,001£1,334
1.3£667£1,001£1,334
1.4£667£1,001£1,334
2.1£667£1,001£1,334
2.2£667£1,001£1,334
3.1£581£874£1,162
3.2£581£874£1,162
3.3£581£874£1,162
3.4£581£874£1,162
3.5£460£690£920
4.1£610£914£1,219
4.2£581£874£1,162
4.3£552£828£1,104
5.1£610£914£1,219
5.2£581£874£1,162
5.3£552£828£1,104
6.1£610£914£1,219
6.2£581£874£1,162
6.3£466£702£932
6.4£460£690£920
6.5£460£690£920
7.1£581£874£1,162
7.2£523£788£1,047
7.3£466£702£932
8.1£581£874£1,162
9.1£610£914£1,219
9.2£610£914£1,219
9.3£523£788£1,047
9.4£523£788£1,047
9.5£523£788£1,047
9.6£466£702£932
9.7£460£690£920
10.1£610£914£1,219
11.1£523£788£1,047
11.2£460£690£920
12.1£581£874£1,162
12.2£581£874£1,162
12.3£581£874£1,162
13.1£581£874£1,162
14.1£638£960£1,277
15.1£581£874£1,162
15.2£466£702£932
15.3£460£690£920
16.1£638£960£1,277
16.2£581£874£1,162
16.3£581£874£1,162
17.1£460£690£920]]

Textual Amendments

F121Sch. 1 paras. 5, 5A substituted for Sch. 1 para. 5 (1.4.2018) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2018 (S.I. 2018/220), regs. 1, 10 (with reg. 34)

F123Sch. 1 para. 5A table substituted (30.9.2022) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2022 (S.I. 2022/848), reg. 1(1), Sch. 1 para. 3 (with reg. 3) (which affecting provision is amended so that the increases to certain fees apply to a wider range of cases (23.12.2022) by The Criminal Legal Aid (Remuneration) (Amendment) (No. 2) Regulations 2022 (S.I. 2022/1267), regs. 1(1), 3, Sch.)

PART 3E+WGraduated Fees for Guilty Pleas and Cracked Trials

Scope of Part 3E+W

F1246.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

[F125Calculation of fees in guilty pleas and cracked trialsE+W

7.  The amount of the fee for a single trial advocate representing one assisted person where the case is—

(a)a guilty plea, is the fee specified in Table A following this paragraph;

(b)a cracked trial, is the fee specified in Table A1 following this paragraph,

as appropriate to the offence with which the assisted person is charged, and the category of the trial advocate.]

[F126[F127Table A
Fee for a guilty plea
(1) Band of offenceAmount of basic fee per category of trial advocate
(2) Junior Alone or Led Junior(3) Leading Junior(4) Queen’s Counsel
1.1£4,939£7,406£9,873
1.2£2,473£3,703£4,939
1.3£1,484£2,220£2,961
1.4£1,236£1,852£2,467
2.1£4,939£7,406£9,873
2.2£1,484£2,220£2,961
3.1£2,036£3,048£4,065
3.2£1,162£1,742£2,323
3.3£690£1,035£1,380
3.4£489£736£978
3.5£431£650£863
4.1£1,162£1,742£2,323
4.2£903£1,351£1,800
4.3£874£1,305£1,742
5.1£1,093£1,639£2,185
5.2£817£1,219£1,627
5.3£581£874£1,162
6.1£4,882£7,320£9,758
6.2£4,428£6,641£8,855
6.3£1,645£2,461£3,283
6.4£581£874£1,162
6.5£466£702£932
7.1£817£1,219£1,627
7.2£466£702£932
7.3£437£656£874
8.1£696£1,047£1,392
9.1£3,370£5,054£6,739
9.2£2,323£3,485£4,646
9.3£1,742£2,616£3,485
9.4£1,524£2,289£3,048
9.5£932£1,392£1,857
9.6£696£1,047£1,392
9.7£466£702£932
10.1£1,277£1,915£2,553
11.1£805£1,208£1,610
11.2£460£690£920
12.1£1,219£1,829£2,438
12.2£759£1,133£1,512
12.3£523£788£1,047
13.1£1,035£1,553£2,070
14.1£1,340£2,007£2,674
15.1£932£1,392£1,857
15.2£805£1,208£1,610
15.3£489£736£978
16.1£1,277£1,915£2,553
16.2£932£1,392£1,857
16.3£581£874£1,162
17.1£420£627£834]
[F128Table A1
Fee for a cracked trial
(1) Band of offenceAmount of fee for a cracked trial per category of trial advocate
(2) Junior Alone or Led Junior(3) Leading Junior(4) Queen’s Counsel
1.1£9,873£14,812£19,746
1.2£4,939£7,412£9,879
1.3£2,961£4,445£5,923
1.4£2,467£3,703£4,934
2.1£9,873£14,812£19,746
2.2£2,961£4,445£5,923
3.1£4,065£6,101£8,131
3.2£2,323£3,485£4,646
3.3£1,380£2,070£2,760
3.4£978£1,466£1,955
3.5£863£1,294£1,725
4.1£2,323£3,485£4,646
4.2£1,800£2,703£3,600
4.3£1,742£2,616£3,485
5.1£2,185£3,278£4,370
5.2£1,627£2,444£3,255
5.3£1,162£1,742£2,323
6.1£9,758£14,640£19,516
6.2£8,855£13,283£17,710
6.3£3,283£4,928£6,567
6.4£1,162£1,742£2,323
6.5£932£1,397£1,863
7.1£1,627£2,444£3,255
7.2£932£1,397£1,863
7.3£874£1,311£1,748
8.1£1,392£2,087£2,783
9.1£6,739£10,109£13,478
9.2£4,646£6,969£9,292
9.3£3,485£5,227£6,969
9.4£3,048£4,571£6,095
9.5£1,857£2,789£3,715
9.6£1,392£2,087£2,783
9.7£932£1,397£1,863
10.1£2,553£3,830£5,106
11.1£1,610£2,415£3,220
11.2£920£1,380£1,840
12.1£2,438£3,657£4,876
12.2£1,512£2,271£3,025
12.3£1,047£1,570£2,093
13.1£2,070£3,105£4,140
14.1£2,674£4,014£5,348
15.1£1,857£2,789£3,715
15.2£1,610£2,415£3,220
15.3£978£1,466£1,955
16.1£2,553£3,830£5,106
16.2£1,857£2,789£3,715
16.3£1,162£1,742£2,323
17.1£834£1,254£1,668]
Table B
F129. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ]

Textual Amendments

F126 Sch. 1 para. 8 Tables follow Sch. 1 para. 7 (17.9.2020) by virtue of The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2020 (S.I. 2020/903), regs. 1(2), 4(4)(5) (with reg. 7)

Basic fees for guilty pleas and cracked trialsE+W

F1308.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F130Sch. 1 para. 8 (except for the Tables, which now follow reg. 7) omitted (17.9.2020) by virtue of The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2020 (S.I. 2020/903), regs. 1(2), 4(4) (with reg. 7)

F131PART 4E+WFixed Fee for Guilty Pleas and Cracked Trials

Textual Amendments

Scope of Part 4E+W

F1319.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Fixed fee for guilty pleas or cracked trialsE+W

F13110.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART 5E+WFixed Fees

General provisionsE+W

11.—F132(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) Except as provided under this Part, all work undertaken by an advocate in a case to which Part 3 applies is included within the basic fee F133... specified in the table following paragraph 5, or [F134the basic fee specified in the tables] following [F135paragraph 7], as appropriate to—

(a)the offence for which the assisted person is tried;

(b)the category of advocate; and

(c)whether the case is a cracked trial, guilty plea or trial.

Textual Amendments

F133Word in Sch. 1 para. 11(2) omitted (1.4.2018) by virtue of The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2018 (S.I. 2018/220), regs. 1, 15(a) (with reg. 34)

Fees for F136...standard appearancesE+W

12.—F137(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) The fee payable in respect of an appearance by the trial advocate or substitute advocate at a F138...standard appearance F139... is specified in the table following paragraph 24 as appropriate to the category of trial advocate or substitute advocate.

F140(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) This paragraph does not apply to a standard appearance which is or forms part of the main hearing in a case or to a hearing for which a fee is payable elsewhere under this Schedule.

Textual Amendments

F139Words in Sch. 1 para. 12(2) omitted (1.4.2018) by virtue of The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2018 (S.I. 2018/220), regs. 1, 16(b) (with reg. 34)

Fees for abuse of process, disclosure, admissibility and withdrawal of plea hearingsE+W

13.—(1) This paragraph applies to—

(a)the hearing of an application to stay the case on indictment or any count on the ground that the proceedings constitute an abuse of the process of the court;

(b)any hearing relating to the question of whether any material should be disclosed by the prosecution to the defence or the defence to the prosecution (whether or not any claim to public interest immunity is made);

(c)the hearing of an application under section 2(1) of the Criminal Procedure (Attendance of Witnesses) Act 1965 M12 (issue of witness summons on application to Crown Court) for disclosure of material held by third parties;

(d)any hearing relating to the question of the admissibility as evidence of any material; F141...

[F142(da)a ground rules hearing ordered in a case in which a special measures direction provides for a recording to be admitted under section 28 (video recorded cross-examination or re-examination) of the Youth Justice and Criminal Evidence Act 1999, and for this purpose “special measures direction” has the meaning given in section 33(1) (interpretation etc. of Chapter I) of that Act; and]

(e)the hearing of an application to withdraw a plea of guilty where the application is—

(i)made by an advocate other than the advocate who appeared at the hearing at which the plea of guilty was entered; and

(ii)unsuccessful.

(2) Where a hearing to which this paragraph applies is held on any day of the main hearing of a case on indictment, no separate fee is payable in respect of attendance at the hearing, but the hearing is included in the length of the main hearing for the purpose of calculating the fees payable.

(3) Where a hearing to which this paragraph applies is held prior to the first or only day of the main hearing, it is not included in the length of the main hearing for the purpose of calculating the fees payable and the trial advocate or substitute advocate must be remunerated for attendance at such a hearing—

(a)in respect of any day where the hearing begins before and ends after the luncheon adjournment, at the daily rate set out in the table following paragraph 24 as appropriate to the category of trial advocate or substitute advocate; or

(b)in respect of any day where the hearing begins and ends before the luncheon adjournment, or begins after the luncheon adjournment, at the half-daily rate set out in the table following paragraph 24 as appropriate to the category of trial advocate or substitute advocate.

Textual Amendments

F141Word in Sch. 1 para. 13(1)(d) omitted (1.4.2018) by virtue of The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2018 (S.I. 2018/220), regs. 1, 17(a) (with reg. 34)

Marginal Citations

[F143Fee for video recorded cross-examination or re-examinationE+W

13A.—(1) The fee payable to the trial advocate per case to which paragraph (2) applies in respect of all cross-examination to which paragraph (3) applies is [F144£1000].

(2) This paragraph applies to any case where a special measures direction provides for a video recording to be admitted under section 28 (video recorded cross-examination) of the 1999 Act.

(3) This sub-paragraph applies to a cross-examination —

(a)which is recorded by means of video recording; and

(b)where such a recording is admissible, so far as it relates to any such cross-examination, as evidence of the witness under cross-examination, by virtue of a special measures direction.

(4) In this paragraph—

  • ““the 1999 Act” is the Youth Justice and Criminal Evidence Act 1999;

  • “cross-examination” includes re-examination; and

  • “special measures direction” has the meaning given in section 33(1) (interpretation etc of Chapter 1) of the 1999 Act.”]

Textual Amendments

Fees for confiscation hearingsE+W

14.—(1) This paragraph applies to—

(a)a hearing under Part 2 of the Proceeds of Crime Act 2002 M13 (confiscation: England and Wales);

(b)a hearing under section 2 of the Drug Trafficking Act 1994 M14 (confiscation orders); and

(c)a hearing under section 71 of the Criminal Justice Act 1988 M15 (confiscation orders).

(2) A hearing to which this paragraph applies is not included in the length of the main hearing or of any sentencing hearing for the purpose of calculating the fees payable, and the trial advocate or substitute advocate must be remunerated in respect of such a hearing—

(a)where the number of pages of evidence is fewer than 51, for attendance—

(i)in respect of any day when the hearing begins before and ends after the luncheon adjournment, at the daily rate set out in the first section of the table following this sub-paragraph; or

(ii)in respect of any day when the hearing begins and ends before the luncheon adjournment, or begins after the luncheon adjournment, at the half-daily rate set out in the first section of that table,

as appropriate to the category of trial advocate or substitute advocate;

(b)where the number of pages of evidence is between 51 and 1000—

(i)at the rates for the relevant number of pages set out in the second section of the table following this sub-paragraph; and

(ii)where the hearing lasts for more than one day, for attendance on subsequent days or half-days at the daily rate or half-daily rate set out in the first section of that table,

as appropriate to the category of trial advocate or substitute advocate; or

(c)where the number of pages of evidence exceeds 1000—

(i)at the rates for 751 to 1000 pages set out in the second section of the table following this sub-paragraph;

(ii)with such fee as the appropriate officer considers reasonable for preparation in respect of the pages in excess of 1000, at the hourly rates for preparation set out in the third section of that table; and

(iii)where the hearing lasts for more than one day, for attendance on subsequent days or half-days at the daily rate or half-daily rate set out in the first section of that table,

as appropriate to the category of trial advocate or substitute advocate.

[F145Fees for confiscation hearings
Fee for QCFee for Leading JuniorFee for Junior AloneFee for Led Junior
1. Daily and half daily rates
Half daily rate£302£227£151£151
Daily rate£577£401£276£276
2. Pages of evidence
51-250£753£628£503£376
251-500£1,130£942£753£565
501-750£1,508£1,256£1,005£753
751-1000£2,260£1,884£1,508£1,130
3. Preparation hourly rates£85.95£65.04£45.30£45.30]

(3) In sub-paragraph (2) “evidence” means—

(a)the statement of information served under section 16 of the Proceeds of Crime Act 2002 and relied on by the prosecution for the purposes of a hearing under Part 2 of that Act, or a similar statement served and so relied on for the purposes of a hearing under section 2 of the Drug Trafficking Act 1994 or under section 71 of the Criminal Justice Act 1988 and, in each case, any attached annexes and exhibits;

(b)any other document which—

(i)is served as a statement or an exhibit for the purposes of the trial;

(ii)is specifically referred to in, but not served with, a statement mentioned in paragraph (a); and

(iii)the prosecution state that they intend to rely on in the hearing; and

(c)any written report of an expert obtained with the prior authority of the Lord Chancellor under regulation 13 or allowed by the appropriate officer under these Regulations, and any attached annexes and exhibits, other than documents contained in such annexes or exhibits which have also been served under paragraph (a) or (b) or which consist of financial records or similar data.

Textual Amendments

Marginal Citations

Fees for sentencing hearingsE+W

[F14615.—(1) Subject to sub-paragraphs (2) to (4), the fee payable to an advocate for appearing at a sentencing hearing is the fixed sentencing hearing fee.

(2) Where sentence has been deferred under [F147Chapter 1 of Part 2 of the Sentencing Code (deferment of sentence)], the fee payable to an advocate for appearing at a sentencing hearing is the fee for a deferred sentencing hearing for the category of the advocate concerned which is set out in the fixed fees table.

(3) Subject to sub-paragraph (4), where a hospital direction, a hospital order or a restriction order is in force in respect of an assisted person in a sentencing hearing, the fee payable to an advocate for appearing at the sentencing hearing is a fee (the “DAF equivalent fee”) which is equal to the daily attendance fee under paragraph 5A which relates to the category of the advocate concerned and the band within which the offence for which the assisted person is to be sentenced falls.

(4) Where the sentencing hearing takes place on a day, or at a time, in respect of which an advocate receives, or is to receive, a banded fee—

(a)no fixed sentencing hearing fee is payable to the advocate for appearing at the sentencing hearing under sub-paragraph (1);

(b)no DAF equivalent fee is payable to the advocate for appearing at the sentencing hearing under sub-paragraph (3).

(5) In this paragraph—

“banded fee” means a basic fee under paragraph 5, a daily attendance fee under paragraph 5A or a basic fee (in respect of a guilty plea or a cracked trial) under [F148paragraph 7];

“fixed fees table” means the table following paragraph 24;

“fixed sentencing hearing fee” means the fee for a sentencing hearing for the category of the advocate concerned which is set out in fixed fees table;

“hospital direction” has the meaning given in section 45A (power of higher courts to direct hospital admission) of the Mental Health Act 1983;

“hospital order” has the meaning given in section 37 (powers of courts to order hospital admission or guardianship) of the Mental Health Act 1983;

“sentencing hearing” means a sentencing hearing following a case on indictment to which this Schedule applies.]

Textual Amendments

F147Words in Sch. 1 para. 15(2) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 414 (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2

Fees for ineffective trialsE+W

16.  The fee set out in the table following paragraph 24 as appropriate to the category of trial advocate is payable in respect of each day on which the case was listed for trial but did not proceed on the day for which it was listed, for whatever reason.

Fees for special preparationE+W

17.—(1) This paragraph applies where, in any case on indictment in the Crown Court in respect of which a graduated fee is payable under Part 2 or Part 3—

(a)it has been necessary for an advocate to do work by way of preparation substantially in excess of the amount normally done for cases of the same type because the case involves a F149... [F150very unusual or] novel point of law [F151or factual issue][F152; or]

[F153(b)the number of pages of prosecution evidence, as defined and determined in accordance with paragraph 1(2) to (5), exceeds—

[F154(ai)in cases falling within bands 2.1 and 2.2 (terrorism offences), 750;

(bi)in cases falling within bands 3.1 to 3.5 (serious violence), 700;

(ci)in cases falling within bands 4.1. to 4.3 (sexual offences, children), 750;

(di)in cases falling within bands 5.1 to 5.3 (sexual offences, adult), 650;]

(i)in cases falling within bands 6.1 to 6.5 (dishonesty offences, including proceeds of crime and money laundering), 30,000;

[F155(ia)in cases falling within bands 7.1 to 7.3 (property damage offences), 550;

(ib)in cases falling within band 8.1 (offences against the public interest, unless standard), 600;]

(ii)in cases falling within bands 9.1 to 9.7 (drugs offences), 15,000; or

[F156(iia)in cases falling within band 10.1 (driving offences), 800;

(iib)in cases falling within bands 11.1 and 11.2 (burglary and robbery), 350;

(iic)in cases falling within bands 12.1 to 12.3 (firearms offences), 750;

(iid)in cases falling within band 13.1 (other offences against the person), 750;

(iie)in cases falling within band 14.1 (exploitation/human trafficking offences), 350;

(iif)in cases falling within bands 15.1 to 15.3 (public order offences), 150;

(iig)in cases falling within bands 16.1 to 16.3 (regulatory offences), 300;

(iih)in cases falling within band 17.1 (standard cases), 100;]

(iii)in all other cases, 10,000,

and the appropriate officer considers it reasonable to make a payment in excess of the graduated fee payable under this Schedule.]

F157(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) Where this paragraph applies, a special preparation fee may be paid, in addition to the graduated fee payable under Part 2 or Part 3.

(3) The amount of the special preparation fee must be calculated—

(a)where sub-paragraph (1)(a) applies, from the number of hours preparation in excess of the amount the appropriate officer considers reasonable for cases of the same type;

(b)where sub-paragraph (1)(b) applies, from the number of hours which the appropriate officer considers reasonable to read the excess pages; F158...

F159(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

and in each case using the hourly fee rates set out in the table following paragraph 24 as appropriate to the category of trial advocate.

(4) Any claim for a special preparation fee under this paragraph must be made by [F160a trial] advocate, whether or not [F161the trial] advocate did the work claimed for.

(5) [F162A trial] advocate claiming a special preparation fee must supply such information and documents as may be required by the appropriate officer in support of the claim.

(6) In determining a claim under this paragraph, the appropriate officer must take into account all the relevant circumstances of the case, including, where special preparation work has been undertaken by more than one advocate, the benefit of such work to the trial advocate.

[F163(7) In sub-paragraphs (4) and (5), where the main hearing is a trial, “trial advocate” means the advocate who—

(a)is instructed pursuant to a section 16 determination to represent the assisted person at the trial, and

(b)attends the first day of the trial] [F164, and for this purpose “trial” excludes any cross-examination or re-examination to which paragraph 13A(3) of Schedule 1 applies.]

Textual Amendments

F149Words in Sch. 1 para. 17(1)(a) omitted (1.4.2018) by virtue of The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2018 (S.I. 2018/220), regs. 1, 19(a)(i) (with reg. 34)

F158Word in Sch. 1 para. 17(3)(b) omitted (1.4.2018) by virtue of The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2018 (S.I. 2018/220), regs. 1, 19(d) (with reg. 34)

[F165Fees for consideration of unused materialE+W

17A.—(1) This paragraph applies in respect of any case on indictment in the Crown Court, in respect of which a graduated fee is payable under Part 2 or Part 3, other than a guilty plea.

(2) In any case to which this paragraph applies, a fee (“the basic consideration fee”) is payable to a trial advocate in respect of the consideration of unused material which corresponds to the category of the advocate concerned specified in the table following this sub-paragraph, whether or not such consideration has actually occurred.

[F166Category of advocateFee
QC£128.93
Leading Junior£97.57
Junior alone or Led Junior£67.95]

(3) This sub-paragraph applies where—

(a)a trial advocate has undertaken the consideration of unused material; and

(b)the advocate has spent in excess of three hours undertaking that consideration.

(4) In a case where sub-paragraph (3) applies—

(a)a fee (“the additional fee”) is payable to the trial advocate in addition to the basic consideration fee; and

(b)the amount of the additional fee corresponds to the category of the advocate concerned specified in the table following paragraph 24.

(5) The additional fee is payable only where the appropriate officer considers it reasonable to make such a payment.

(6) A trial advocate claiming the additional fee must supply such information and documents as may be required by the appropriate officer in support of the claim.

(7) In determining whether it is reasonable to pay the additional fee, the appropriate officer must take into account—

(a)the reasonableness of the hours claimed in respect of the case taken as a whole; and

(b)the reasonableness of the hours claimed in respect of the consideration of the unused material.]

Textual Amendments

Fees for wasted preparationE+W

18.—(1) A wasted preparation fee may be claimed where a trial advocate in any case to which this paragraph applies is prevented from representing the assisted person in the main hearing by any of the following circumstances—

(a)the trial advocate is instructed to appear in other proceedings at the same time as the main hearing in the case and has been unable to secure a change of date for either the main hearing or the other proceedings;

(b)the date fixed for the main hearing is changed by the court despite the trial advocate's objection;

(c)the trial advocate has withdrawn from the case with the leave of the court because of the trial advocate's professional code of conduct or to avoid embarrassment in the exercise of the trial advocate's profession;

(d)the trial advocate has been dismissed by the assisted person or the litigator; or

(e)the trial advocate is obliged to attend at any place by reason of a judicial office held by the trial advocate or other public duty.

(2) This paragraph applies to every case on indictment to which this Schedule applies provided that—

(a)the case goes to trial, and the trial lasts for five days or more; or

(b)the case is a cracked trial, and the number of pages of prosecution evidence exceeds 150.

(3) The amount of the wasted preparation fee must be calculated from the number of hours of preparation reasonably carried out by the trial advocate, using the hourly fee rates set out in the table following paragraph 24 as appropriate to the category of trial advocate, but no such fee is payable unless the number of hours of preparation is eight or more.

(4) Any claim for a wasted preparation fee under this paragraph must be made by [F167a trial] advocate, whether or not [F168the trial] advocate did the work claimed for.

(5) [F169A trial] advocate claiming a wasted preparation fee must supply such information and documents as may be required by the appropriate officer as proof of the circumstances in which the F170... advocate was prevented from representing the assisted person and of the number of hours of preparation.

[F171(6) In sub-paragraphs (4) and (5), where the main hearing is a trial, “trial advocate” means an advocate who—

(a)is instructed pursuant to a section 16 determination to represent the assisted person at the trial, and

(b)attends the first day of the trial] [F172, and for this purpose “trial” excludes any cross-examination or re-examination to which paragraph 13A(3) of Schedule 1 applies.]

Textual Amendments

[F173Additional preparation feeE+W

18A.—(1) This paragraph applies in respect of any case on indictment in the Crown Court, in respect of which a graduated fee is payable under Part 2 or Part 3, other than a guilty plea.

(2) In any case to which this paragraph applies, a fee of £62 is payable to a trial advocate in respect of preparation in addition to any other fee which is payable under this Schedule.]

Textual Amendments

Fees for conferences and viewsE+W

19.—(1) This paragraph applies to the following types of work—

(a)attendance by the trial advocate at pre-trial conferences with prospective or actual expert witnesses not held at court;

(b)attendance by the trial advocate at views at the scene of the alleged offence;

(c)attendance by the trial advocate at pre-trial conferences with the assisted person not held at court;

(d)reasonable travelling time by the trial advocate for the purpose of attending a view at the scene of the alleged offence; or

(e)reasonable travelling time by the trial advocate for the purpose of attending a pre-trial conference with the assisted person or prospective or actual expert witness, where the appropriate officer is satisfied that the assisted person or prospective or actual expert witness was unable or could not reasonably have been expected to attend a conference at the trial advocate's chambers or office.

(2) The fees payable in respect of attendance at the first three pre-trial conferences or views, as set out in sub-paragraph (1)(a) to (c), are included in the basic fee F174... specified in the table following paragraph 5, or [F175the basic fee specified in the tables following] [F176paragraph 7], as appropriate to the offence for which the assisted person is tried, the category of trial advocate and whether the case is a guilty plea, cracked trial or trial, provided that the trial advocate satisfies the appropriate officer that the work was reasonably necessary.

(3) The fee specified in the table following paragraph 24 as appropriate to the category of trial advocate is payable in the following circumstances, provided that the trial advocate satisfies the appropriate officer that the work was reasonably necessary—

(a)for trials lasting not less than 21 and not more than 25 days, and cracked trials where it was accepted by the court at [F177the first hearing at which the assisted person entered a plea] that the trial would last not less than 21 days and not more than 25 days, one further pre-trial conference or view not exceeding two hours;

(b)for trials lasting not less than 26 and not more than 35 days, and cracked trials where it was accepted by the court at [F177the first hearing at which the assisted person entered a plea] that the trial would last not less than 26 days and not more than 35 days, two further pre-trial conferences or views each not exceeding two hours; and

(c)for trials lasting not less than 36 days, and cracked trials where it was accepted by the court at [F177the first hearing at which the assisted person entered a plea] that the trial would last not less than 36 days and not more than 40 days, three further pre-trial conferences or views each not exceeding two hours.

(4) Travel expenses must be paid for all conferences and views set out in sub-paragraph (1)(a) to (c), provided that the trial advocate satisfies the appropriate officer that they were reasonably incurred.

(5) Travelling time must be paid for all conferences and views set out in sub-paragraph (1)(a) to (c), provided that the trial advocate satisfies the appropriate officer that it was reasonable.

Textual Amendments

F174Word in Sch. 1 para. 19(2) omitted (1.4.2018) by virtue of The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2018 (S.I. 2018/220), regs. 1, 20(a) (with reg. 34)

[F178Fees for further case management hearings and plea and trial preparation hearingsE+W

19A.—[F179(1)] The fee payable to a trial advocate for a further case management hearing or a plea and trial preparation hearing held at court is the fee which corresponds with a hearing of that description, and the category of the advocate concerned, which is set out in the table following paragraph 24.

[F180(2) But if a guilty plea is entered at a plea and trial preparation hearing, the fee payable to the advocate for that hearing is the amount set out in Table A following [F181paragraph 7] which corresponds with the band within which the offence falls and the category of the advocate concerned.]]

Textual Amendments

F179 Sch 1 para. 19A renumbered as Sch. 1 para 19A(1) (31.12.2018) by The Criminal Legal Aid (Remuneration) (Amendment) (No. 2) Regulations 2018 (S.I. 2018/1323), regs. 1, 13(2) (with reg. 17)

Fees for appeals, committals for sentence and breach hearingsE+W

20.—(1) Subject to sub-paragraphs [F182(4) to (7)] and paragraph 26 the fee payable to a trial advocate in any of the hearings referred to in paragraph 2(1)(b) is the fixed fee specified in the table following paragraph 24.

(2) Where a hearing referred to in paragraph 2(1)(b) is listed but cannot proceed because of the failure of the assisted person or a witness to attend, the unavailability of a pre-sentence report, or other good reason, the fee payable to the advocate is the fixed fee specified in the table following paragraph 24.

(3) Where—

(a)a bail application;

(b)a mention hearing; or

(c)any other application,

takes place in the course of a hearing referred to in paragraph 2(1)(b), the fee payable to the advocate is the fixed fee specified in the table following paragraph 24.

(4) Where it appears to the appropriate officer that the fixed fee allowed under sub-paragraph (1) would be inappropriate taking into account all of the relevant circumstances of the case the appropriate officer may instead allow fees of such amounts as appear to the appropriate officer to be reasonable remuneration for the relevant work in accordance with sub-paragraph (5).

(5) The appropriate officer may allow any of the following classes of fees to an advocate in respect of work allowed by the appropriate officer under this paragraph—

(a)a fee for preparation including, where appropriate, the first day of the hearing including, where they took place on that day—

(i)short conferences;

(ii)consultations;

(iii)applications and appearances (including bail applications);

(iv)views at the scene of the alleged offence; and

(v)any other preparation;

(b)a refresher fee for any day or part of a day for which a hearing continued, including, where they took place on that day—

(i)short conferences;

(ii)consultations;

(iii)applications and appearances (including bail applications);

(iv)views at the scene of the alleged offence; and

(v)any other preparation; and

(c)subsidiary fees for—

(i)attendance at conferences, consultations and views at the scene of the alleged offence not covered by paragraph (a) or (b);

(ii)written advice on evidence, plea, appeal, case stated or other written work; and

(iii)attendance at applications and appearances (including bail applications and adjournments for sentence) not covered by paragraph (a) or (b).

[F183(6) Sub-paragraph (7) applies where the hearing—

(a)is an appeal from a magistrates’ court;

(b)is heard in the Crown Court; and

(c)lasts for more than one day.

(7) Where this sub-paragraph applies, the fee payable to the advocate—

(a)for the first day of the hearing, is the basic fee for band 17.1, set out in the table following paragraph 5, for the category of the advocate concerned;

(b)for the second day, and any subsequent days, of the hearing, is the daily attendance fee for band 17.1, set out in the table following paragraph 5A, for the category of the advocate concerned.]

Textual Amendments

Fees for contempt proceedingsE+W

21.—(1) Subject to sub-paragraph (2), remuneration for advocates in proceedings referred to in section 14(g) of the Act in the Crown Court must be at the rates specified in the table following this sub-paragraph.

[F184Category of advocatePayment rates (£ per day)
QC£348
Leading Junior£261
Junior alone or Led Junior£175]

(2) Where an advocate and a litigator are instructed in proceedings referred to in section 14(g) of the Act, remuneration must be at the rates specified in the table following this sub-paragraph, as appropriate to the category of advocate.

[F185Category of advocatePayment rates (£ per day)
QC£204
Leading Junior£145
Junior alone or Led Junior£116]

Textual Amendments

Discontinuance or dismissal of F186... proceedingsE+W

22.—[F187(1) This paragraph applies to proceedings which are sent for trial to the Crown Court.]

(2) Where proceedings referred to in sub-paragraph (1) are discontinued by a notice served under section 23A of the Prosecution of Offences Act 1985 (discontinuance of proceedings after accused has been sent for trial) at any time before the prosecution serves its evidence in accordance with the Crime and Disorder Act 1998 (Service of Prosecution Evidence) Regulations 2005 M16 the advocate must be paid 50% of the basic fee F188... for a guilty plea, as specified in [F189Table A] following [F190paragraph 7] as appropriate to the offence for which the assisted person is charged and the category of advocate.

(3) Where proceedings referred to in sub-paragraph (1) are discontinued by a notice served under section 23A of the Prosecution of Offences Act 1985 (discontinuance of proceedings after accused has been sent for trial) at any time after the prosecution serves its evidence in accordance with the Crime and Disorder Act 1998 (Service of Prosecution Evidence) Regulations 2005, the advocate must be paid a [F191fee calculated in accordance with paragraph 7(a)], as appropriate for representing an assisted person in a guilty plea.

F192(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) Where, at [F193or before the first hearing at which the assisted person enters a plea]—

(a)the prosecution offers no evidence and the assisted person is discharged; or

(b)the case is remitted to the magistrates' court in accordance with paragraph 10(3)(a), 13(2) or 15(3)(a) of Schedule 3 to the Crime and Disorder Act 1998,

the advocate instructed in the proceedings must be paid a [F194fee calculated in accordance with paragraph 7(a)], as appropriate for representing an assisted person in a guilty plea.

(6) Where an application for dismissal is made under paragraph 2 of Schedule 3 to the Crime and Disorder Act 1998F195... the advocate must be remunerated for attendance at the hearing of the application for dismissal—

(a)in respect of any day where the hearing begins before and ends after the luncheon adjournment, at the daily rate set out in the table following paragraph 24 as appropriate to the category of advocate; or

(b)in respect of any day where the hearing begins and ends before the luncheon adjournment, or begins after the luncheon adjournment, at the half-daily rate set out in that table as appropriate to the category of advocate,

provided that a fee is not payable elsewhere under this Schedule in respect of any day of the hearing.

(7) Where an application for dismissal is made under paragraph 2 of Schedule 3 to the Crime and Disorder Act 1998F196... and—

(a)the charge, or charges, are dismissed and the assisted person is discharged; or

(b)the case is remitted to the magistrates' court in accordance with paragraph 10(3)(a), 13(2) or 15(3)(a) of Schedule 3 to the Crime and Disorder Act 1998,

in respect of the first day of the hearing of the application to dismiss, the advocate instructed in the proceedings must be paid a [F197fee calculated in accordance with paragraph 7(a)], as appropriate for representing an assisted person in a guilty plea.

(8) Where an advocate represents more than one assisted person in proceedings referred to in sub-paragraph (1), the advocate must be paid a fixed fee of 20% of—

(a)the fee specified in sub-paragraph (2) where that sub-paragraph applies; or

(b)the basic fee F198... specified in the [F199tables] following [F200paragraph 7] where sub-paragraph (3), (4) or (5) applies, as appropriate for the circumstances set out in the relevant sub-paragraph,

in respect of each additional assisted person the advocate represents.

Textual Amendments

F198Word in Sch. 1 para. 22(8)(b) omitted (1.4.2018) by virtue of The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2018 (S.I. 2018/220), regs. 1, 23(b)(i) (with reg. 34)

Marginal Citations

Noting brief feesE+W

23.  The fee payable to an advocate retained solely for the purpose of making a note of any hearing must be the daily fee set out in the table following paragraph 24.

Fixed feesE+W

24.  The table following this paragraph sets out the fixed fees payable in relation to the category of work specified in the first column of the table.

[F201Fixed fees
Category of workParagraph providing for feeJunior Alone or Led JuniorLeading JuniorQueen’s Counsel
Standard Appearance12(2)£105 per day£156 per day£209 per day
Abuse of process hearing13(1)(a) and (3)£276 full day£401 full day£577 full day
£151 half day£227 half day£302 half day
Hearings relating to disclosure13(1)(b), (c) and (3)£276 full day£401 full day£577 full day
£151 half day£227 half day£302 half day
Hearings relating to the admissibility of evidence13(1)(d) and (3)£276 full day£401 full day£577 full day
£151 half day£227 half day£302 half day
Ground rules hearings13(1)(da) and (3)£276 full day£401 full day£577 full day
£151 half day£227 half day£302 half day
Hearings on withdrawal of guilty plea13(1)(e) and (3)£276 full day£401 full day£577 full day
£151 half day£227 half day£302 half day
Sentencing hearing15£145 per day£221 per day£291 per day
Deferred sentencing hearing15(2)£201 per day£276 per day£376 per day
Ineffective trial hearing16£437 per day£437 per day£437 per day
Special preparation17£45.30 per hour£65.04 per hour£85.95 per hour
Consideration of unused material in excess of three hours17A(3)£45.30 per hour£65.04 per hour£85.95 per hour
Wasted preparation18£45.30 per hour£65.04 per hour£85.95 per hour
Conferences and views19£46.46 per hour£69.69 per hour£92.92 per hour
Further case management hearing19A£116 per day£175 per day£232 per day
Plea and trial preparation hearing19A£145 per day£221 per day£291 per day
Appeals to the Crown Court against sentence20£288 per day£429 per day£573 per day
Appeals to the Crown Court against conviction20£380 per day£570 per day£760 per day
Proceedings relating to the breach of an order of the Crown Court20(1)£125 per day£176 per day£251 per day
Committal for sentence20(1) and (2)£175 per day£261 per day£348 per day
Adjourned appeals, committals for sentence and breach hearings20(2)£101 per day£151 per day£201 per day
Bail applications, mentions and other applications in appeal, committals for sentence and breach hearings20(3)£101 per day£151 per day£201 per day
Second and subsequent days of an application to dismiss22(6)£276 full day£401 full day£577 full day
£151 half day£227 half day£302 half day
Noting brief23£125 per day£125 per day£125 per day
Hearing for mitigation of sentence34£125 per day£201 per day£302 per day]

Textual Amendments

[F202Warrant for arrestE+W

24A.—(1) This paragraph applies where—

(a)the assisted person fails to attend a hearing;

(b)at that hearing the court issues a warrant for the arrest of the assisted person under section 7(1) (liability to arrest for absconding or breaking conditions of bail) of the Bail Act 1976 (“the warrant”); and

(c)the case does not proceed in the absence of the assisted person.

(2) Where in a case on indictment the warrant is not executed within three months of the date on which it was issued, the fee payable to the advocate is the fee for a guilty plea set out in Table A following [F203paragraph 7] which corresponds with the band within which the offence concerned falls and the category of the advocate concerned.

(3) Where the warrant is issued during the course of proceedings referred to in paragraph 20, the fee payable to the advocate is the fee which corresponds with the category of work, and the category of the advocate concerned, which is set out in the table following paragraph 24.

(4) Sub-paragraph (5) applies where—

(a)a fee has been paid, or is payable, to the advocate in accordance with sub-paragraph (2);

(b)the warrant is executed within 15 months of the date on which it was issued;

(c)the case proceeds after the warrant has been executed; and

(d)the advocate submits a claim for fees for the determination of the advocate’s overall remuneration in the case, in accordance with regulation 4.

(5) Where this sub-paragraph applies—

(a)the appropriate officer must deduct the amount paid or payable in accordance with sub-paragraph (2) from the amount payable to the advocate on the final determination of fees in the case; and

(b)if the fee paid or payable in accordance with sub-paragraph (2) is greater than the amount payable to the advocate on the final determination of fees in the case, the appropriate officer may recover the amount of the difference by way of repayment by the advocate.]

Textual Amendments

PART 6E+WMiscellaneous

Identity of instructed advocateE+W

25.—(1) Where an instructed advocate is appointed before [F204the first hearing at which the assisted person enters a plea], the instructed advocate must notify the Court in writing as soon as the appointment is made and, where appropriate, must confirm whether the instructed advocate is the leading instructed advocate or the led instructed advocate.

(2) Where the section 16 determination provides for representation by a single advocate and no instructed advocate has been notified to the Court in accordance with sub-paragraph (1)—

(a)the barrister or solicitor advocate who attends [F204the first hearing at which the assisted person enters a plea] is deemed to be the instructed advocate; and

(b)the Court must make a written record of this fact.

(3) Where the section 16 determination provides for representation by a single advocate and no barrister or solicitor advocate attends [F204the first hearing at which the assisted person enters a plea]—

(a)the barrister or solicitor advocate who attends the next hearing in the case is deemed to be the instructed advocate; and

(b)the Court must make a written record of this fact.

(4) Where the section 16 determination provides for representation by more than one advocate, and no leading instructed advocate has been notified to the Court in accordance with sub-paragraph (1), the leading advocate who attends—

(a)[F204the first hearing at which the assisted person enters a plea]; or

(b)where no leading advocate attends [F204the first hearing at which the assisted person enters a plea], the next hearing in the case attended by a leading advocate,

is deemed to be the leading instructed advocate, and the Court must make a written record of this fact.

(5) Where the section 16 determination provides for representation by more than one advocate, and no led instructed advocate has been notified to the Court in accordance with sub-paragraph (1), the led advocate who attends—

(a)[F204the first hearing at which the assisted person enters a plea]; or

(b)where no led advocate attends [F204the first hearing at which the assisted person enters a plea], the next hearing in the case attended by a led advocate,

is deemed to be the led instructed advocate, and the Court must make a written record of this fact.

(6) Where a section 16 determination is amended after [F204the first hearing at which the assisted person enters a plea] to provide for representation by more than one advocate—

(a)the additional instructed advocate must notify the Court in writing of the additional instructed advocate's appointment within 7 days of the date on which the section 16 determination is amended; and

(b)each instructed advocate must notify the Court whether that instructed advocate is the leading instructed advocate or the led instructed advocate.

(7) Where no additional instructed advocate has been notified to the Court in accordance with sub-paragraph (6)(a), the advocate who attends the next hearing in the case is deemed to be an instructed advocate and the Court must record in writing whether that instructed advocate is the leading instructed advocate or the led instructed advocate, as appropriate to the circumstances of the case.

(8) Where—

(a)a case ceases to be a Very High Cost Case (in relation to fees claimed by advocates); and

(b)none of sub-paragraphs (1) to (7) applies,

the instructed advocate must notify the Court in writing of the instructed advocate's appointment within 7 days of the case ceasing to be a Very High Cost Case.

(9) The Court must attach—

(a)any notice received under sub-paragraph (1), (6) or (8); and

(b)any record made by it under sub-paragraph (2), (3), (4), (5) or (7),

to the representation order.

(10) An instructed advocate must remain as instructed advocate at all times, except where—

(a)a date for trial is fixed at or before [F204the first hearing at which the assisted person enters a plea] and the instructed advocate is unable to conduct the trial due to the instructed advocate's other pre-existing commitments;

(b)the instructed advocate is dismissed by the assisted person or the litigator; or

(c)the instructed advocate is required to withdraw because of his professional code of conduct.

(11) Where, in accordance with sub-paragraph (10), an instructed advocate withdraws, the instructed advocate must—

(a)immediately notify the court of the withdrawal—

(i)in writing; or

(ii)where the withdrawal takes place at a F205... hearing, orally; and

(b)within 7 days of the date of the withdrawal, notify the court in writing of the identity of a replacement instructed advocate, who must fulfil all the functions of an instructed advocate in accordance with these Regulations.

(12) This paragraph does not apply to a claim for fees under paragraph 32, 33 or 34.

Textual Amendments

Payment of fees to instructed advocateE+W

26.—(1) In accordance with regulation 23 the appropriate officer must notify each [F206trial] advocate of the total fees payable and authorise payment to the [F206trial] advocate accordingly.

(2) Payment of the fees in accordance with sub-paragraph (1) must be made to each [F206trial] advocate.

(3) Where the section 16 determination provides for representation by a single advocate, the [F206trial] advocate is responsible for arranging payment of fees to the [F207instructed] advocate and any substitute advocate who has undertaken work on the case.

(4) Where there are two [F206trial] advocates for an assisted person, payment must be made to each [F206trial] advocate individually, and—

(a)the leading [F206trial] advocate is responsible for arranging payment of fees to the [F207instructed] advocate and any substitute advocate who have undertaken work on the case of a type for which a leading advocate is responsible; and

(b)the led [F206trial] advocate is responsible for arranging payment of fees to the [F207instructed] advocate and any substitute advocate who have undertaken work on the case of a type for which a led advocate is responsible.

[F208(4A) In this paragraph, where the main hearing is a trial, “trial advocate” means an advocate who—

(a)is instructed pursuant to a section 16 determination to represent the assisted person at the trial, and

(b)attends the first day of the trial [F209, and for this purpose “trial” excludes any cross-examination or re-examination to which paragraph 13A(3) of Schedule 1 applies].]

(5) This paragraph does not apply to a claim for fees under paragraph 32, 33 or 34.

Textual Amendments

Additional charges and additional casesE+W

27.—(1) Where an assisted person is charged with more than one offence on one indictment, the fee payable to the trial advocate under this Schedule must be based on whichever of those offences the trial advocate selects.

(2) Where two or more cases to which this Schedule applies involving the same trial advocate are heard concurrently (whether involving the same or different assisted persons)—

(a)the trial advocate must select one case (“the principal case”), which must be treated for the purposes of remuneration in accordance with this Schedule;

(b)in respect of the main hearing in each of the other cases the trial advocate must be paid a fixed fee of 20% of—

[F210(i)where the principal case is a case on indictment, the basic fee specified in the table following paragraph 5 or, where there is a guilty plea or a cracked trial, the basic fee specified in the tables following [F211paragraph 7], which corresponds with the band within which the offence concerned falls and the category of the advocate concerned; or]

(ii)the fixed fee for the principal case, where that is a case falling within paragraph 2(1)(b) or paragraph 10.

F212(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) Where a trial advocate or substitute advocate appears at a hearing specified in paragraph 12, 13, 14, 15 [F213, 16 or 19A], forming part of two or more cases involving different assisted persons, the trial advocate or substitute advocate must be paid—

(a)in respect of the first such case, the fixed fee for that hearing specified in the table following paragraph 24 [F214or, where the hearing falls within paragraph 19A(2), the applicable fee specified in Table A following [F215paragraph 7]]; and

(b)in respect of each of the other cases, 20% of that fee.

(5) Subject to sub-paragraphs (1) to (4), where a trial advocate or substitute advocate appears at a hearing forming part of two or more cases, the trial advocate or substitute advocate must be paid the fixed fee for that hearing specified in the table following paragraph 24 in respect of one such case, without any increase in respect of the other cases.

(6) Where a trial advocate selects—

(a)one offence, in preference to another offence, under sub-paragraph (1); or

(b)one case as the principal case, in preference to another case, under sub-paragraph (2),

that selection does not affect the trial advocate's right to claim any of the fees set out in the table following paragraph 24 to which the trial advocate would otherwise have been entitled.

Textual Amendments

Multiple advocatesE+W

28.  Where a section 16 determination provides for representation by three advocates in a case the provisions of this Schedule apply, and the fees payable to the led juniors in accordance with Part 2 or Part 3 are payable to each led junior who is instructed in the case.

Non-local appearancesE+W

29.  Where an advocate is instructed to appear in a court which is not within 40 kilometres of the advocate's office or chambers, the appropriate officer may allow an amount for travelling and other expenses incidental to that appearance, provided that the amount must not be greater than the amount, if any, which would be payable to a trial advocate from the nearest local Bar F216... unless the advocate instructed to appear has obtained prior approval under regulation 13 for the incurring of such expenses or can justify the attendance having regard to all the relevant circumstances of the case.

Textual Amendments

F216Words in Sch. 1 para. 29 omitted (1.4.2018) by virtue of The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2018 (S.I. 2018/220), regs. 1, 27 (with reg. 34)

Trials lasting over 40 daysE+W

F21730.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Assisted person unfit to plead or stand trialE+W

31.  Where in any case a hearing is held to determine the question of whether the assisted person is unfit to plead or to stand trial (a “fitness hearing”)—

(a)if a trial on indictment is held, or continues, at any time thereafter, the length of the fitness hearing is included in determining the length of the trial for the calculation of the graduated fee in accordance with Part 2 or Part 3;

(b)if a trial on indictment is not held, or does not continue, thereafter by reason of the assisted person being found unfit to plead or to stand trial, the trial advocate must be paid—

(i)a graduated fee calculated in accordance with paragraph 4 as appropriate to the combined length of—

(aa)the fitness hearing; and

(bb)any hearing under section 4A of the Criminal Procedure (Insanity) Act 1964 M17 (finding that the accused did the act or made the omission charged against him); or

(ii)a [F218fee calculated in accordance with paragraph 7(b)] as appropriate for representing an assisted person in a cracked trial,

whichever the trial advocate elects; and

(c)if at any time the assisted person pleads guilty to the indictable offence, the trial advocate must be paid either—

(i)a graduated fee calculated in accordance with paragraph 4 as appropriate to the length of the fitness hearing; or

(ii)a [F219fee calculated in accordance with paragraph 7(a)] as appropriate for representing an assisted person in a guilty plea,

whichever the trial advocate elects.

Textual Amendments

Marginal Citations

Cross examination of witnessE+W

32.—(1) Where in any case on indictment an advocate is retained solely for the purpose of cross-examining a witness under section 38 of the Youth Justice and Criminal Evidence Act 1999 M18 (defence representation for purposes of cross-examination), the advocate must be paid a graduated fee calculated in accordance with paragraph 4.

(2) For the purposes of this paragraph the daily attendance fee F220... is as set out in the table following paragraph [F2215A] as appropriate to the number of days of attendance at court by the advocate.

Textual Amendments

F220Word in Sch. 1 para. 32(2) omitted (1.4.2018) by virtue of The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2018 (S.I. 2018/220), regs. 1, 29(a) (with reg. 34)

Marginal Citations

Provision of written or oral adviceE+W

33.—(1) Where in any case on indictment an advocate is assigned pursuant to a section 16 determination solely for the purpose of providing written or oral advice, the advocate must be paid for the reasonable number of hours of preparation for that advice using the hourly fee rates for special preparation set out in the table following paragraph 24 as appropriate to the category of trial advocate.

(2) An advocate claiming a fee for advice under this paragraph may apply to the appropriate officer to redetermine the fee under regulation 28 and the advocate must supply such information and documents as may be required by the appropriate officer as proof of the number of hours of preparation.

Mitigation of sentenceE+W

34.—(1) Where in any case on indictment an advocate is assigned pursuant to a section 16 determination to appear at a sentencing hearing solely for the purpose of applying to the court to mitigate the assisted person's sentence, the advocate must be paid in respect of that appearance the fee specified in the table following paragraph 24 together with a fee calculated from the reasonable number of hours of preparation for that appearance using the hourly fee rates for special preparation set out in the table following paragraph 24 as appropriate to the category of trial advocate.

(2) An advocate claiming an hourly preparation fee under this paragraph may apply to the appropriate officer to redetermine such hourly fee under regulation 28 and the advocate must supply such information and documents as may be required by the appropriate officer as proof of the number of hours of preparation.

F222PART 7E+WTable of Offences

Textual Amendments

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Regulation 5

SCHEDULE 2E+WLitigators' Graduated Fee Scheme

PART 1E+WDefinitions and Scope

InterpretationE+W

1.—(1) In this Schedule—

“case” means proceedings in the Crown Court against any one assisted person—

(a)

on one or more counts of a single indictment;

(b)

arising out of a single notice of appeal against conviction or sentence, or a single committal for sentence, whether on one or more charges; or

(c)

arising out of a single alleged breach of an order of the Crown Court,

and a case falling within paragraph (c) must be treated as a separate case from the proceedings in which the order was made;

“cracked trial” means a case on indictment in which—

(a)

[F223the assisted person enters a plea of not guilty to one or more counts at the first hearing at which he or she enters a plea] and—

(i)

the case does not proceed to trial (whether by reason of pleas of guilty or for other reasons) or the prosecution offers no evidence; and

(ii)

either—

(aa)

in respect of one or more counts to which the assisted person pleaded guilty, the assisted person did not so plead at the [F224first hearing at which he or she entered a plea]; or

(bb)

in respect of one or more counts which did not proceed, the prosecution did not, before or at the [F225first hearing at which the assisted person entered a plea], declare an intention of not proceeding with them; or

(b)

the case is listed for trial without a [F226hearing at which the assisted person enters a plea];

“guilty plea” means a case on indictment which—

(a)

is disposed of without a trial because the assisted person pleaded guilty to one or more counts; and

(b)

is not a cracked trial;

“main hearing” means—

(a)

in relation to a case which goes to trial, the trial;

(b)

in relation to a guilty plea, the hearing at which pleas are taken or, where there is more than one such hearing, the last such hearing;

(c)

in relation to a cracked trial, the hearing at which—

(i)

the case becomes a cracked trial by meeting the conditions in the definition of a cracked trial, whether or not any pleas were taken at that hearing; or

(ii)

a formal verdict of not guilty was entered as a result of the prosecution offering no evidence, whether or not the parties attended the hearing;

(d)

in relation to an appeal against conviction or sentence in the Crown Court, the hearing of the appeal;

(e)

in relation to proceedings arising out of a committal for sentence in the Crown Court, the sentencing hearing; and

(f)

in relation to proceedings arising out of an alleged breach of an order of the Crown Court, the hearing at which those proceedings are determined;

“Newton Hearing” means a hearing at which evidence is heard for the purpose of determining the sentence of a convicted person in accordance with the principles of R v Newton (1982) 77 Cr App R 13;

“PPE Cut-off” means the F227... number of pages of prosecution evidence for use in [F228determining] the fee payable to a litigator under this Schedule, as set out in the tables following paragraph 5(1) and (2) [F229;

“unused material” means material disclosed pursuant to the prosecutors’ obligations in Part 1 of the Criminal Procedure and Investigations Act 1996, but does not include—

(a)

witness statements;

(b)

documentary and pictorial exhibits;

(c)

records of interviews with the assisted person; and

(d)

records of interviews with other defendants].

(2) For the purposes of this Schedule, the number of pages of prosecution evidence served on the court must be determined in accordance with sub-paragraphs (3) to (5).

(3) The number of pages of prosecution evidence includes all—

(a)witness statements;

(b)documentary and pictorial exhibits;

(c)records of interviews with the assisted person; and

(d)records of interviews with other defendants,

which form part of the F230... served prosecution documents or which are included in any notice of additional evidence.

(4) Subject to sub-paragraph (5), a document served by the prosecution in electronic form is included in the number of pages of prosecution evidence.

(5) A documentary or pictorial exhibit which—

(a)has been served by the prosecution in electronic form; and

(b)has never existed in paper form,

is not included within the number of pages of prosecution evidence unless the appropriate officer decides that it would be appropriate to include it in the pages of prosecution evidence taking into account the nature of the document and any other relevant circumstances.

(6) In proceedings on indictment in the Crown Court initiated otherwise than by [F231sending] for trial, the appropriate officer must determine the number of pages of prosecution evidence in accordance with sub-paragraphs (2) to (5) or as nearly in accordance with those sub-paragraphs as possible as the nature of the case permits.

[F232(7) A reference in this Schedule to a “Class” is to the Class for the offence concerned set out in the LGFS Table of Offences.]

Textual Amendments

F227Word in Sch. 2 para. 1(1) omitted (1.4.2016) by virtue of The Criminal Legal Aid (Remuneration etc.) (Amendment) Regulations 2015 (S.I. 2015/1369), regs. 1(2)(b), 6(7)(b)(i) (with reg. 2(2)) (as amended by S.I. 2015/2049, reg. 2)

ApplicationE+W

2.—(1) Subject to sub-paragraphs (2) to (7), this Schedule applies to—

(a)every case on indictment;

(b)the following proceedings in the Crown Court—

(i)an appeal against conviction or sentence from the magistrates' court;

(ii)a sentencing hearing following a committal for sentence to the Crown Court;

(iii)proceedings arising out of an alleged breach of an order of the Crown Court (whether or not this Schedule applies to the proceedings in which the order was made);

(c)a sentencing hearing following a case on indictment to which this Schedule applies, where sentence has been deferred under [F233Chapter 1 of Part 2 of the Sentencing Code] (deferment of sentence);

(d)any other post-sentence hearing.

F234(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F235(3) Where, at any time after proceedings are sent for trial to the Crown Court they are—

(a)discontinued by a notice served under section 23A of the Prosecution of Offences Act 1985 (discontinuance of proceedings after accused has been sent for trial), or

(b)dismissed pursuant to paragraph 2 of Schedule 3 to the Crime and Disorder Act 1998 (applications for dismissal),

the provisions of paragraphs 21 and 22 apply.]

(4) Where, following a case on indictment, a Newton hearing takes place—

(a)for the purposes of this Schedule the case is to be treated as having gone to trial;

(b)the length of the trial is to be taken to be the combined length of the main hearing and the Newton hearing; and

(c)the provisions of this Schedule relating to cracked trials and guilty pleas will not apply.

(5) For the purposes of this Schedule, a case on indictment which discontinues at or before [F236the first hearing at which the assisted person enters a plea] otherwise than—

(a)by reason of a plea of guilty being entered; or

(b)in accordance with sub-paragraph (3),

must be treated as a guilty plea.

(6) For the purposes of this Schedule, where a trial that is not a Very High Cost Case (in relation to fees claimed by litigators) lasts over 200 days, it must be treated as if it had lasted 200 days.

(7) For the purposes of this Schedule, where the number of pages of prosecution evidence in a case which is not a Very High Cost Case (in relation to fees claimed by litigators) exceeds—

(a)the PPE Cut-off figure specified in the table following paragraph 5(2) as appropriate to the offence for which the assisted person is to be tried and the length of trial; and

(b)[F2376,000],

the case must be treated as though it had [F2376,000] pages of prosecution evidence.

Textual Amendments

F233Words in Sch. 2 para. 2(1)(c) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 415(2) (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2

Class of OffencesE+W

3.—(1) For the purposes of this Schedule—

(a)every indictable offence falls within the Class under which it is listed in the [F238LGFS] Table of Offences and, subject to sub-paragraph (2), indictable offences not specifically so listed are deemed to fall within Class H;

(b)conspiracy to commit an indictable offence contrary to section 1 of the Criminal Law Act 1977 M19 (the offence of conspiracy), incitement to commit an indictable offence and attempts to commit an indictable offence contrary to section 1 of the Criminal Attempts Act 1981 M20 (attempting to commit an offence) fall within the same Class as the substantive offence to which they relate;

(c)where the [F238LGFS] Table of Offences specifies that the Class within which an offence falls depends on whether the value involved exceeds a stated limit, the value must be presumed not to exceed that limit unless the litigator making the claim under regulation 5 proves otherwise to the satisfaction of the appropriate officer;

(d)where more than one count of the indictment is for an offence in relation to which the Class depends on the value involved, that value must be taken to be the total value involved in all those offences, but where two or more counts relate to the same property, the value of that property must be taken into account once only;

(e)where an entry in the [F238LGFS] Table of Offences specifies an offence as being contrary to a statutory provision, then subject to any express limitation in the entry that entry includes every offence contrary to that statutory provision whether or not the words of description in the entry are appropriate to cover all such offences;

(f)where in a case on indictment there is a hearing to determine the question of whether an assisted person is unfit to plead or unfit to stand trial, the litigator must elect whether that hearing falls within the same Class as the indictable offence to which it relates or within Class D;

(g)where in a case on indictment a restriction order is made F239..., the offence falls within Class A, regardless of the Class under which the offence would be listed in the [F238LGFS] Table of Offences, but for this paragraph.

(2) Where a litigator in proceedings in the Crown Court is dissatisfied with the classification within Class H of an indictable offence not listed in the [F238LGFS] Table of Offences, the litigator may apply to the appropriate officer, when lodging the claim for fees, to reclassify the offence.

(3) The appropriate officer must, in light of the objections made by the litigator—

(a)confirm the classification of the offence within Class H; or

(b)reclassify the offence,

and must notify the litigator of the decision.

Textual Amendments

Marginal Citations

PART 2E+WGraduated Fees for Guilty Pleas, Cracked Trials and Trials

ScopeE+W

[F2404.—F241(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) This Part applies in all cases where the trial is a cracked trial because the prosecution offer no evidence on all counts against a defendant and the judge directs that a not guilty verdict be entered.]

Textual Amendments

Pages of Prosecution EvidenceE+W

5.—(1) For the purposes of this Part, the PPE Cut-off figures in a cracked trial or guilty plea are specified in the table following this sub-paragraph, as appropriate to the offence with which the assisted person is charged.

PPE Cut-off figures in cracked trials and guilty pleas
Class of Offence
Type of caseABCDEFGHIJK
Cracked trial or guilty plea80704080405050404080120

(2) For the purposes of this Part, the PPE Cut-off figures in a trial are specified in the table following this sub-paragraph, as appropriate to the offence for which the assisted person is tried and the length of trial.

PPE Cut-off figures in trials
Trial length in daysPPE Cut offPPE Cut offPPE Cut offPPE Cut offPPE Cut offPPE Cut offPPE Cut offPPE Cut offPPE Cut offPPE Cut offPPE Cut off
ABCDEFGHIJK
180704080405050404080120
280704080405050404080120
395105819512013813812213495186
4126139120126158173173157185126252
5156170157156195206206191232156314
6186203193186229240240225281186372
7218238230218265276276260329218433
8257274267257301310310301376257495
9293306301293333342342338420293550
10330338339330365373373374464330606
11367370378367399405405412509367663
12404402417404433437437449554404721
13440434455440467470470486598440779
14477465493477500501501523642477836
15514497531514532533533559686514894
16551535569551565564564596730551951
175875736075875985965966377745871,007
186246116466246466276276878186241,063
196616496846616966596597368626611,119
206976877226977466906907869076971,174
217427227537427877207208269437421,230
227867577857868287527528679807861,286
238307928198308687847849081,0178301,341
248748268578749088168169481,0538741,396
259178608949179488488489881,0889171,451
269618959319619888808801,0281,1249611,505
271,0059359671,0051,0289129121,0681,1601,0051,560
281,0499751,0041,0491,0689449441,1071,1961,0491,615
291,0991,0161,0411,0991,1089769761,1471,2311,0991,670
301,1501,0571,0771,1501,1481,0071,0071,1871,2671,1501,725
311,2001,0981,1141,2001,1881,0391,0391,2261,3031,2001,780
321,2511,1381,1511,2511,2281,0701,0701,2661,3491,2511,835
331,3011,1791,1871,3011,2681,1021,1021,3071,3941,3011,889
341,3521,2201,2241,3521,3081,1331,1331,3571,4391,3521,944
351,4021,2611,2621,4021,3471,1651,1651,4071,4851,4021,999
361,4531,3021,3031,4531,4351,1961,1961,4571,5301,4532,054
371,5031,3481,3451,5031,5261,2281,2281,5071,5751,5032,109
381,5541,3951,3861,5541,6171,2591,2591,5571,6211,5542,164
391,6041,4411,4281,6041,7081,2911,2911,6071,6661,6042,219
401,6521,4841,4441,6521,7451,3141,3141,6291,7041,6522,271
411,7001,5271,4611,7001,7821,3381,3381,6511,7421,7002,324
421,7481,5701,4771,7481,8201,3611,3611,6731,7801,7482,377
431,7961,6131,4941,7961,8571,3841,3841,6951,8181,7962,430
441,8441,6561,5111,8441,8951,4101,4101,7161,8561,8442,483
451,8921,6991,5271,8921,9321,4401,4401,7381,8941,8922,536
461,9391,7421,5441,9391,9701,4701,4701,7601,9321,9392,589
471,9871,7851,5601,9872,0071,5011,5011,7821,9701,9872,642
482,0391,8281,5772,0392,0451,5311,5311,8042,0082,0392,695
492,0911,8711,5942,0912,0821,5611,5611,8262,0462,0912,749
502,1441,9141,6102,1442,1201,5911,5911,8482,0842,1442,802
512,1961,9571,6272,1962,1581,6221,6221,8702,1222,1962,855
522,2492,0001,6442,2492,1951,6521,6521,8922,1602,2492,908
532,3012,0431,6602,3012,2331,6821,6821,9142,1982,3012,962
542,3542,0861,6772,3542,2711,7121,7121,9362,2362,3543,015
552,4062,1291,6942,4062,3081,7431,7431,9582,2752,4063,068
562,4592,1721,7102,4592,3461,7731,7731,9802,3132,4593,121
572,5122,2151,7272,5122,3841,8031,8032,0022,3512,5123,175
582,5642,2581,7442,5642,4221,8331,8332,0242,3892,5643,228
592,6172,3011,7602,6172,4591,8641,8642,0462,4272,6173,281
602,6692,3451,7772,6692,4971,8941,8942,0682,4652,6693,335
612,7222,3881,7942,7222,5351,9241,9242,0902,5032,7223,388
622,7752,4311,8112,7752,5721,9591,9592,1122,5422,7753,442
632,8272,4741,8272,8272,6102,0202,0202,1342,5802,8273,495
642,8802,5171,8442,8802,6482,0812,0812,1562,6182,8803,549
652,9332,5611,8612,9332,6862,1412,1412,1782,6562,9333,602
662,9852,6041,8772,9852,7232,2022,2022,2002,6942,9853,656
673,0382,6471,8943,0382,7612,2632,2632,2222,7763,0383,709
683,0912,6901,9113,0912,7992,3232,3232,2442,8653,0913,763
693,1442,7341,9273,1442,8362,3842,3842,2662,9543,1443,816
703,1962,7771,9443,1962,8742,4452,4452,2883,0433,1963,870
713,2492,8201,9613,2492,9122,5062,5062,3103,1323,2493,923
723,3022,8641,9783,3022,9502,5662,5662,3323,2213,3023,977
733,3552,9071,9943,3552,9872,6272,6272,3543,3103,3554,031
743,4072,9502,0163,4073,0252,6882,6882,3763,3993,4074,084
753,4602,9942,0403,4603,0632,7492,7492,3983,4883,4604,138
763,5133,0372,0643,5133,1012,8092,8092,4203,5773,5134,192
773,5663,0802,0893,5663,1382,8702,8702,4423,6663,5664,245
783,6193,1242,1133,6193,1762,9312,9312,4643,7553,6194,299
793,6723,1672,1373,6723,2142,9922,9922,4863,8443,6724,353
803,7243,2112,1613,7243,2513,0523,0522,5083,9333,7244,406
813,7773,2542,1853,7773,2893,1133,1132,5304,0233,7774,460
823,8303,2972,2103,8303,3273,1743,1742,5524,1123,8304,514
833,8833,3412,2343,8833,3653,2353,2352,5754,2013,8834,568
843,9363,3842,2583,9363,4023,2953,2952,5974,2903,9364,622
853,9893,4282,2823,9893,4403,3563,3562,6194,3793,9894,675
864,0423,4712,3074,0423,4783,4173,4172,6414,4694,0424,729
874,0953,5152,3314,0953,5163,4783,4782,6634,5584,0954,783
884,1483,5582,3554,1483,5533,5393,5392,6854,6474,1484,837
894,2013,6022,3794,2013,5913,5993,5992,7074,7374,2014,891
904,2543,6452,4044,2543,6293,6603,6602,7294,8264,2544,945
914,3073,6892,4284,3073,6663,7213,7212,7514,9154,3074,999
924,3603,7332,4524,3603,7043,7823,7822,7745,0054,3605,053
934,4133,7762,4774,4133,7423,8433,8432,7965,0944,4135,107
944,4663,8202,5014,4663,7803,9033,9032,8185,1834,4665,161
954,5193,8632,5254,5193,8173,9643,9642,8405,2734,5195,215
964,5723,9072,5494,5723,8554,0254,0252,8625,3624,5725,269
974,6253,9512,5744,6253,8934,0864,0862,8845,4524,6255,323
984,6793,9942,5984,6793,9304,1474,1472,9065,5414,6795,377
994,7324,0382,6224,7323,9684,2074,2072,9295,6314,7325,431
1004,7854,0822,6474,7854,0064,2684,2682,9515,7204,7855,485
1014,8384,1252,6714,8384,0444,3294,3292,9735,8104,8385,539
1024,8914,1692,6954,8914,0814,3904,3902,9955,8994,8915,593
1034,9444,2132,7204,9444,1194,4514,4513,0325,9894,9445,647
1044,9974,2572,7444,9974,1574,5124,5123,0736,0794,9975,702
1055,0514,3002,7685,0514,1954,5734,5733,1146,1685,0515,756
1065,1044,3442,7935,1044,2324,6334,6333,1556,2585,1045,810
1075,1574,3882,8175,1574,2704,6944,6943,1966,3485,1575,864
1085,2104,4322,8415,2104,3084,7554,7553,2376,4375,2105,918
1095,2644,4752,8665,2644,3454,8164,8163,2786,5275,2645,973
1105,3174,5192,8905,3174,3834,8774,8773,3196,6175,3176,027
1115,3704,5632,9145,3704,4214,9384,9383,3616,7065,3706,081
1125,4234,6072,9395,4234,4594,9994,9993,4026,7965,4236,135
1135,4774,6502,9635,4774,4965,0595,0593,4436,8865,4776,189
1145,5304,6942,9875,5304,5345,1205,1203,4846,9765,5306,244
1155,5834,7383,0125,5834,5725,1815,1813,5257,0665,5836,298
1165,6374,7823,0365,6374,6105,2425,2423,5667,1555,6376,352
1175,6904,8263,0605,6904,6475,3035,3033,6077,2455,6906,406
1185,7434,8693,0855,7434,6855,3645,3643,6487,3355,7436,460
1195,7974,9133,1095,7974,7235,4255,4253,6897,4255,7976,514
1205,8504,9573,1335,8504,7605,4865,4863,7307,5155,8506,569
1215,9045,0013,1585,9044,7985,5475,5473,7717,6055,9046,623
1225,9565,0443,1825,9564,8365,6075,6073,8127,6935,9566,677
1236,0095,0883,2066,0094,8745,6685,6683,8537,7826,0096,731
1246,0615,1313,2306,0614,9115,7295,7293,8957,8716,0616,785
1256,1145,1753,2546,1144,9495,7895,7893,9367,9596,1146,839
1266,1675,2183,2786,1674,9875,8505,8503,9778,0486,1676,892
1276,2195,2613,3026,2195,0255,9115,9114,0178,1376,2196,945
1286,2725,3043,3266,2725,0625,9715,9714,0588,2256,2726,999
1296,3245,3473,3506,3245,1006,0326,0324,0988,3146,3247,052
1306,3775,3903,3746,3775,1386,0936,0934,1398,4036,3777,106
1316,4305,4333,3986,4305,1756,1536,1534,1798,4916,4307,159
1326,4825,4763,4226,4825,2136,2146,2144,2198,5806,4827,212
1336,5355,5203,4466,5355,2516,2746,2744,2608,6696,5357,266
1346,5885,5633,4706,5885,2896,3356,3354,3008,7576,5887,319
1356,6405,6063,4946,6405,3266,3966,3964,3418,8466,6407,373
1366,6935,6493,5186,6935,3646,4566,4564,3818,9356,6937,426
1376,7455,6923,5426,7455,4026,5176,5174,4229,0236,7457,479
1386,7985,7353,5666,7985,4396,5786,5784,4629,1126,7987,533
1396,8515,7783,5906,8515,4776,6386,6384,5039,2016,8517,586
1406,9035,8213,6146,9035,5156,6996,6994,5439,2896,9037,639
1416,9565,8643,6386,9565,5536,7606,7604,5849,3786,9567,693
1427,0085,9083,6627,0085,5906,8206,8204,6249,4677,0087,746
1437,0615,9513,6867,0615,6286,8816,8814,6649,5557,0617,800
1447,1145,9943,7097,1145,6666,9426,9424,7059,6447,1147,853
1457,1666,0373,7337,1665,7047,0027,0024,7459,7337,1667,906
1467,2196,0803,7577,2195,7417,0637,0634,7869,8217,2197,960
1477,2726,1233,7817,2725,7797,1247,1244,8269,9107,2728,013
1487,3246,1663,8057,3245,8177,1847,1844,8679,9997,3248,067
1497,3776,2093,8297,3775,8547,2457,2454,90710,0877,3778,120
1507,4296,2523,8537,4295,8927,3057,3054,94810,1767,4298,173
1517,4826,2963,8777,4825,9307,3667,3664,98810,2657,4828,227
1527,5356,3393,9017,5355,9687,4277,4275,02910,3537,5358,280
1537,5876,3823,9257,5876,0057,4877,4875,06910,4427,5878,333
1547,6406,4253,9497,6406,0437,5487,5485,11010,5317,6408,387
1557,6926,4683,9737,6926,0817,6097,6095,150106197,6928,440
1567,7456,5113,9977,7456,1197,6697,6695,19010,7087,7458,494
1577,7986,5544,0217,7986,1567,7307,7305,23110,7977,7988,547
1587,8506,5974,0457,8506,1947,7917,7915,27110,8857,8508,600
1597,9036,6414,0697,9036,2327,8517,8515,31210,9747,9038,654
1607,9566,6844,0937,9566,2697,9127,9125,35211,0637,9568,707
1618,0086,7274,1178,0086,3077,9737,9735,39311,1518,0088,760
1628,0616,7704,1418,0616,3458,0338,0335,43311,2408,0618,814
1638,1136,8134,1658,1136,3838,0948,0945,47411,3298,1138,867
1648,1666,8564,1898,1666,4208,1558,1555,51411,4178,1668,921
1658,2196,8994,2138,2196,4588,2158,2155,55511,5068,2198,974
1668,2716,9424,2378,2716,4968,2768,2765,59511,5958,2719,027
1678,3246,9854,2618,3246,5348,3378,3375,63611,6838,3249,081
1688,3767,0294,2858,3766,5718,3978,3975,67611,7728,3769,134
1698,4297,0724,3098,4296,6098,4588,4585,71611,8618,4299,188
1708,4827,1154,3338,4826,6478,5188,5185,75711,9498,4829,241
1718,5347,1584,3578,5346,6848,5798,5795,79712,0388,5349,294
1728,5877,2014,3808,5876,7228,6408,6405,83812,1278,5879,348
1738,6397,2444,4048,6396,7608,7008,7005,87812,2158,6399,401
1748,6927,2874,4288,6926,7988,7618,7615,91912,3048,6929,454
1758,7457,3304,4528,7456,8358,8228,8225,95912,3938,7459,508
1768,7977,3734,4768,7976,8738,8828,8826,00012,4818,7979,561
1778,8507,4174,5008,8506,9118,9438,9436,04012,5708,8509,615
1788,9037,4604,5248,9036,9489,0049,0046,08112,6598,9039,668
1798,9557,5034,5488,9556,9869,0649,0646,12112,7478,9559,721
1809,0087,5464,5729,0087,0249,1259,1256,16212,8369,0089,775
1819,0607,5894,5969,0607,0629,1869,1866,20212,9259,0609,828
1829,1137,6324,6209,1137,0999,2469,2466,24213,0139,1139,881
1839,1667,6754,6449,1667,1379,3079,3076,28313,1029,1669,935
1849,2187,7184,6689,2187,1749,3689,3686,32313,1919,2189,988
1859,2717,7624,6929,2717,2119,4289,4286,36413,2799,27110,042
1869,3237,8054,7169,3237,2489,4899,4896,40413,3689,32310,095
1879,3767,8484,7409,3767,2859,5499,5496,44513,4579,37610,148
1889,4297,8914,7649,4297,3229,6109,6106,48513,5459,42910,202
1899,4817,9344,7889,4817,3609,6719,6716,52613,6349,48110,255
1909,5347,9774,8129,5347,3979,7319,7316,56613,7239,53410,309
1919,5878,0204,8369,5877,4349,7929,7926,60713,8119,58710,362
1929,6398,0634,8609,6397,4719,8539,8536,64713,9009,63910,415
1939,6928,1064,8849,6927,5089,9139,9136,68713,9889,69210,469
1949,7448,1504,9089,7447,5459,9749,9746,72814,0779,74410,522
1959,7978,1934,9329,7977,58210,03510,0356,76814,1669,79710,575
1969,8508,2364,9569,8507,62010,09510,0956,80914,2549,85010,629
1979,9028,2794,9809,9027,65710,15610,1566,84914,3439,90210,682
1989,9558,3225,0049,9557,69410,21710,2176,89014,4329,95510,736
19910,0078,3655,02810,0077,73110,27710,2776,93014,52010,00710,789
20010,0608,4085,05110,0607,76810,33810,3386,97114,60910,06010,842

Cracked trial or guilty plea where the number of pages of prosecution evidence is less than or equal to the PPE Cut-offE+W

6.—(1) Where in a cracked trial or guilty plea the number of pages of prosecution evidence is less than or equal to the PPE Cut-off specified in the table following paragraph 5(1) as appropriate to the Class of Offence with which the assisted person is charged, the total fee payable to the litigator is—

(a)the basic fee, calculated in accordance with the table following sub-paragraph (2) of this paragraph;

(b)the defendant uplift, if any, calculated in accordance with the table following paragraph 12; and

(c)the adjustment for transfers and retrials, if any, calculated in accordance with paragraph 13.

(2) For the purposes of sub-paragraph (1), the basic fee appropriate to a cracked trial or a guilty plea is specified in the table following this sub-paragraph, in accordance with the type of case and Class of Offence with which the assisted person is charged.

[F242Basic fees for cracked trials and guilty pleas (£)
Class of Offence
Type of caseABCDEFGHIJK
Cracked trial1,040.27815.52603.55988.25267.98257.86257.86272.55291.721,040.27889.94
Guilty plea782.45639.53509.35743.31212.40225.18225.18219.62200.79782.45736.97]

Textual Amendments

Trial where the number of pages of prosecution evidence is less than or equal to the PPE Cut-offE+W

7.—(1) Where in a trial the number of pages of prosecution evidence is less than or equal to the PPE Cut-off specified in the table following paragraph 5(2)  as appropriate to the offence for which the assisted person is tried and the length of trial, the total fee payable to the litigator is—

(a)the basic fee, calculated in accordance with the table following sub-paragraph (2);

(b)the length of trial proxy, if any, calculated in accordance with the table following sub-paragraph (3);

(c)the defendant uplift, if any, calculated in accordance with the table following paragraph 12; and

(d)the adjustment for transfers and retrials, if any, calculated in accordance with paragraph 13.

(2) For the purposes of sub-paragraph (1), the basic fee appropriate to a trial is specified in the table following this sub-paragraph, in accordance with the offence for which the assisted person is tried.

[F243Basic fees for trials (£)
Class of Offence
Type of caseABCDEFGHIJK
Trial1,687.721,262.31850.531,603.33405.63411.24411.24411.41411.061,687.721,186.59]

(3) For the purposes of sub-paragraph (1), the length of trial proxy is specified in the table following this sub-paragraph, in accordance with the offence for which the assisted person is tried and the length of trial.

Length of Trial Proxy
[F244Trial Length in DaysTrial length proxy ATrial length proxy BTrial length proxy CTrial length proxy DTrial length proxy ETrial length proxy FTrial length proxy GTrial length proxy HTrial length proxy ITrial length proxy JTrial length proxy K
10.000.000.000.000.000.000.000.000.000.000.00
20.000.000.000.000.000.000.000.000.000.000.00
3252.54452.88432.51239.92716.58644.94644.94703.69862.39252.54574.13
4769.79879.65843.33731.301,033.65898.77898.771,009.831,320.93769.791,140.63
51,261.161,285.081,233.611,198.101,334.861,139.901,139.901,300.641,756.541,261.161,678.81
61,761.171,695.981,621.201,673.121,617.111,386.431,386.431,589.052,200.591,761.172,181.04
72,253.872,102.222,011.032,141.181,915.451,632.831,632.831,879.512,637.652,253.872,713.26
82,746.562,508.442,400.872,609.242,213.791,875.251,875.252,169.973,074.702,746.563,245.48
93,210.922,874.042,751.713,050.382,482.292,093.452,093.452,431.383,473.433,210.923,724.49
103,675.293,239.653,102.563,491.522,750.812,311.642,311.642,692.793,872.173,675.294,203.48
114,143.103,605.743,462.933,935.943,031.662,536.062,536.062,961.384,279.024,143.104,703.99
124,607.743,971.383,823.474,377.353,312.592,760.472,760.473,229.644,686.224,607.745,204.80
135,072.394,337.024,175.804,818.773,593.152,983.982,983.983,492.075,086.285,072.395,705.63
145,537.034,702.674,528.135,260.193,865.073,203.343,203.343,754.515,486.325,537.036,206.43
156,001.685,068.314,880.465,701.594,136.153,422.693,422.694,016.955,886.376,001.686,707.21
166,466.325,433.965,232.796,143.004,407.263,642.053,642.054,279.396,286.426,466.327,207.20
176,930.965,799.605,585.126,584.424,678.353,861.413,861.414,541.826,686.476,930.967,693.86
187,395.606,165.245,937.457,025.834,949.454,080.764,080.764,804.267,086.527,395.608,180.52
197,860.256,530.886,289.777,467.245,220.544,300.124,300.125,066.697,486.577,860.258,667.17
208,324.896,896.536,642.117,908.665,491.634,519.484,519.485,329.137,886.638,324.899,153.84
218,798.407,234.276,931.618,358.475,715.664,698.944,698.945,544.968,215.378,798.409,640.50
229,271.817,571.997,221.198,808.225,939.704,878.484,878.485,760.908,544.129,271.8110,127.16
239,737.217,909.697,510.799,250.366,157.065,058.025,058.025,976.838,872.909,737.2110,613.82
2410,202.628,239.727,800.399,692.496,374.435,237.575,237.576,192.769,198.0710,202.6211,100.48
2510,668.048,569.748,088.4810,134.636,591.805,417.105,417.106,405.219,519.1510,668.0411,587.14
2611,133.448,899.778,371.5310,576.786,809.175,596.655,596.656,615.999,840.2411,133.4412,073.81
2711,598.849,229.808,654.6011,018.907,026.535,776.195,776.196,826.7610,161.3311,598.8412,560.46
2812,064.259,559.838,937.6511,461.057,243.915,955.735,955.737,037.5410,482.4112,064.2513,047.13
2912,529.679,889.869,220.7011,903.187,461.276,133.186,133.187,248.3010,803.5112,529.6713,533.78
3012,995.0710,219.889,503.7512,345.317,678.636,309.596,309.597,459.0711,124.5912,995.0714,020.44
3113,460.4810,549.919,786.8112,787.467,896.016,486.016,486.017,669.8511,445.6713,460.4814,507.11
3213,925.8810,879.9510,069.8713,229.598,113.386,662.436,662.437,880.6111,766.7613,925.8814,993.76
3314,391.3011,209.9710,352.9213,671.738,330.746,838.846,838.848,091.3912,087.8414,391.3015,480.43
3414,856.7011,540.0010,635.9714,113.878,548.117,015.267,015.268,302.1612,408.9314,856.7015,967.09
3515,322.1111,870.0310,919.0314,556.018,765.487,191.687,191.688,512.9312,730.0215,322.1116,453.75
3615,787.5212,200.0511,202.0914,998.148,982.847,368.107,368.108,723.7013,051.1015,787.5216,940.41
3716,252.9312,530.0911,485.1415,440.289,200.227,544.517,544.518,934.4813,372.1916,252.9317,427.07
3816,718.3312,860.1111,768.2015,882.429,417.587,720.937,720.939,145.2513,693.2816,718.3317,913.73
3917,183.7413,190.1312,051.2516,324.559,634.947,897.357,897.359,356.0214,014.3617,183.7418,400.40
4017,622.3813,492.1312,163.5716,741.269,722.098,027.768,027.769,447.1614,282.0017,622.3818,865.89
4118,063.4013,796.4312,277.1317,160.249,811.548,158.448,158.449,539.4014,551.2218,063.4019,334.83
4218,504.5414,100.8212,390.7317,579.329,901.048,289.128,289.129,631.6814,820.5118,504.5419,803.93
4318,945.7914,405.3112,504.3317,998.519,990.588,419.828,419.829,723.9715,089.8418,945.7920,273.20
4419,387.1514,709.8912,617.9618,417.7910,080.168,550.528,550.529,816.2815,359.2319,387.1520,742.61
4519,828.6115,014.5612,731.6118,837.1810,169.778,681.228,681.229,908.6315,628.6919,828.6121,212.18
4620,270.1815,319.3212,845.2819,256.6810,259.438,811.948,811.9410,000.9715,898.1920,270.1821,681.91
4720,711.8515,624.1812,958.9819,676.2610,349.138,942.668,942.6610,093.3516,167.7620,711.8522,151.80
4821,153.6515,929.1413,072.6920,095.9710,438.879,073.399,073.3910,185.7516,437.3821,153.6522,621.84
4921,595.5416,234.1913,186.4420,515.7610,528.649,204.129,204.1210,278.1616,707.0521,595.5423,092.04
5022,037.5316,539.3313,300.1920,935.6610,618.459,334.889,334.8810,370.6116,976.7922,037.5323,562.39
5122,479.6516,844.5613,413.9821,355.6710,708.329,465.639,465.6310,463.0617,246.5922,479.6524,032.91
5222,921.8617,149.8813,527.7821,775.7710,798.219,596.409,596.4010,555.5417,516.4322,921.8624,503.58
5323,364.1917,455.3013,641.6022,195.9910,888.159,727.169,727.1610,648.0417,786.3323,364.1924,974.41
5423,806.6217,760.8213,755.4422,616.2910,978.139,857.949,857.9410,740.5618,056.2923,806.6225,445.40
5524,249.1618,066.4213,869.3123,036.6911,068.149,988.729,988.7210,833.1018,326.3124,249.1625,916.54
5624,691.8018,372.1313,983.2023,457.2211,158.2010,119.5210,119.5210,925.6618,596.3924,691.8026,387.85
5725,134.5618,677.9214,097.1123,877.8311,248.2910,250.3210,250.3211,018.2418,866.5225,134.5626,859.31
5825,577.4218,983.8114,211.0424,298.5511,338.3910,381.1310,381.1311,110.8419,136.7125,577.4227,330.92
5926,020.3919,289.7914,325.0024,719.3811,428.4910,511.9510,511.9511,203.4719,406.9626,020.3927,802.70
6026,463.4719,595.8614,438.9725,140.2911,518.5910,642.7710,642.7711,296.1019,677.2626,463.4728,274.63
6126,906.6619,902.0314,552.9725,561.3211,608.7010,773.6010,773.6011,388.7719,947.6226,906.6628,746.72
6227,349.9420,208.3014,666.9925,982.4511,698.8010,904.4410,904.4411,481.4620,218.0427,349.9429,218.96
6327,793.3520,514.6414,781.0226,403.6911,788.9011,035.2811,035.2811,574.1620,488.5227,793.3529,691.37
6428,236.8620,821.1014,895.0926,825.0211,879.0011,166.1411,166.1411,666.8920,759.0428,236.8630,163.93
6528,680.4821,127.6315,009.1727,246.4511,969.1011,297.0111,297.0111,759.6221,029.6328,680.4830,636.65
6629,124.2021,434.2815,123.2827,667.9912,059.2011,427.8811,427.8811,852.3921,300.2829,124.2031,109.52
6729,568.0321,741.0115,237.4028,089.6312,149.3011,558.7611,558.7611,945.1721,570.9729,568.0331,582.55
6830,011.9722,047.8315,351.5528,511.3712,239.4011,689.6511,689.6512,037.9821,841.7330,011.9732,055.74
6930,456.0222,354.7415,465.7228,933.2112,329.5011,820.5411,820.5412,130.8122,112.5530,456.0232,529.08
7030,900.1722,661.7615,579.9129,355.1612,419.6011,951.4511,951.4512,223.6622,383.4230,900.1733,002.60
7131,344.4422,968.8615,694.1229,777.2212,509.7012,082.3612,082.3612,316.5322,654.3531,344.4433,476.26
7231,788.8123,276.0615,808.3530,199.3712,599.8012,213.2812,213.2812,409.4222,925.3331,788.8133,950.08
7332,233.2823,583.3515,922.6130,621.6312,689.9012,344.2112,344.2112,502.3223,196.3732,233.2834,424.05
7432,677.8723,890.7416,036.8931,043.9812,780.0012,475.1412,475.1412,595.2623,467.4732,677.8734,898.19
7533,122.5624,198.2116,151.1931,466.4312,870.1012,606.0912,606.0912,688.2123,738.6333,122.5635,372.48
7633,567.3624,505.7816,265.5031,889.0012,960.2012,737.0312,737.0312,781.1824,009.8433,567.3635,846.92
7734,012.2824,813.4516,379.8532,311.6613,050.3012,867.9912,867.9912,874.1624,281.1034,012.2836,321.53
7834,457.2925,121.2116,494.2132,734.4313,140.4012,998.9512,998.9512,967.1724,552.4334,457.2936,796.30
7934,902.4225,429.0616,608.6033,157.3013,230.5013,129.9413,129.9413,060.2124,823.8234,902.4237,271.22
8035,347.6525,737.0016,723.0033,580.2613,320.6013,260.9213,260.9213,153.2725,095.2635,347.6537,746.29
8135,792.9926,045.0416,837.4234,003.3513,410.7013,391.9013,391.9013,246.3425,366.7535,792.9938,221.52
8236,238.4326,353.1716,951.8834,426.5213,500.8013,522.9013,522.9013,339.4325,638.3036,238.4338,696.92
8336,683.9926,661.4017,066.3534,849.8013,590.9013,653.9013,653.9013,432.5525,909.9236,683.9939,172.47
8437,129.6526,969.7217,180.8335,273.1713,681.0113,784.9313,784.9313,525.6826,181.5837,129.6539,648.18
8537,575.4227,278.1317,295.3535,696.6513,771.1113,915.9413,915.9413,618.8326,453.3037,575.4240,124.04
8638,021.3027,586.6417,409.9036,120.2413,861.2114,046.9714,046.9713,712.0126,725.0938,021.3040,600.06
8738,467.2927,895.2317,524.4536,543.9313,951.3114,178.0114,178.0113,805.2126,996.9338,467.2941,076.24
8838,913.3928,203.9317,639.0336,967.7214,041.4114,309.0614,309.0613,898.4227,268.8238,913.3941,552.58
8939,359.5928,512.7117,753.6337,391.6114,131.5114,440.1014,440.1013,991.6627,540.7739,359.5942,029.07
9039,805.9028,821.6017,868.2537,815.6014,221.6114,571.1714,571.1714,084.9127,812.7839,805.9042,505.73
9140,252.3229,130.5717,982.8938,239.7014,311.7114,702.2414,702.2414,178.2028,084.8440,252.3242,982.53
9240,698.8329,439.6318,097.5638,663.9014,401.8114,833.3214,833.3214,271.4928,356.9740,698.8343,459.49
9341,145.4729,748.8018,212.2439,088.2014,491.9114,964.4014,964.4014,364.8128,629.1541,145.4743,936.62
9441,592.2130,058.0518,326.9539,512.6014,582.0115,095.4915,095.4914,458.1528,901.3841,592.2144,413.90
9542,039.0630,367.4018,441.6839,937.1014,672.1115,226.5915,226.5914,551.5229,173.6742,039.0644,891.33
9642,486.0230,676.8418,556.4440,361.7214,762.2215,357.6915,357.6914,644.8929,446.0342,486.0245,368.93
9742,933.0830,986.3818,671.2140,786.4314,852.3215,488.8115,488.8114,738.2529,718.4342,933.0845,846.68
9843,380.2531,296.0118,786.0041,211.2414,942.4215,619.9415,619.9414,831.6329,990.8943,380.2546,324.60
9943,827.5331,605.7318,900.8241,636.1515,032.5215,751.0715,751.0714,925.0030,263.4243,827.5346,802.66
10044,274.9131,915.5519,015.6542,061.1715,122.6215,882.2115,882.2115,018.3730,535.9844,274.9147,280.88
10144,722.4132,225.4619,130.5142,486.2915,212.7216,013.3616,013.3615,111.7430,808.6344,722.4147,759.26
10245,170.0132,535.4519,245.3942,911.5115,302.8216,144.5116,144.5115,205.1131,081.3145,170.0148,237.80
10345,617.7332,845.5519,360.3043,336.8415,392.9216,275.6716,275.6715,298.4831,354.0645,617.7348,716.50
10446,065.5433,155.7419,475.2143,762.2715,483.0216,406.8416,406.8415,391.8531,626.8646,065.5449,195.35
10546,513.4633,466.0319,590.1244,187.7915,573.1216,538.0216,538.0215,485.2231,899.7246,513.4649,674.36
10646,961.5033,776.4019,705.0444,613.4215,663.2216,669.2116,669.2115,578.5932,172.6446,961.5050,153.43
10747,409.6434,086.8419,819.9545,039.1515,753.3216,800.4016,800.4015,671.9632,445.6247,409.6450,632.48
10847,857.8934,397.2719,934.8745,465.0015,843.4316,931.6016,931.6015,765.3332,718.6547,857.8951,111.54
10948,306.2434,707.7120,049.7845,890.9315,933.5317,062.8217,062.8215,858.7032,991.7448,306.2451,590.60
11048,754.7035,018.1520,164.6946,316.9716,023.6317,194.0317,194.0315,952.0733,264.8848,754.7052,069.66
11149,203.2835,328.5920,279.6046,743.1216,113.7317,325.2617,325.2616,045.4433,538.0849,203.2852,548.71
11249,651.9535,639.0220,394.5147,169.3616,203.8317,456.4917,456.4916,138.8133,811.3449,651.9553,027.77
11350,100.7435,949.4520,509.4347,595.7216,293.9317,587.7317,587.7316,232.1834,084.6650,100.7453,506.84
11450,549.6336,259.8920,624.3448,022.1616,384.0317,718.9917,718.9916,325.5534,358.0350,549.6353,985.89
11550,998.6436,570.3320,739.2548,448.7016,474.1317,850.2417,850.2416,418.9234,631.4650,998.6454,464.95
11651,447.7536,880.7720,854.1748,875.3616,564.2317,981.5117,981.5116,512.2934,904.9451,447.7554,944.01
11751,896.9737,191.2020,969.0849,302.1216,654.3318,112.7818,112.7816,605.6635,178.4951,896.9755,423.07
11852,346.2937,501.6421,083.9949,728.9816,744.4318,244.0618,244.0616,699.0335,452.0952,346.2955,902.12
11952,795.7337,812.0721,198.9150,155.9416,834.5318,375.3518,375.3516,792.4035,725.7452,795.7356,381.19
12053,245.2738,122.5121,313.8250,583.0016,924.6318,506.6518,506.6516,885.7735,999.4653,245.2756,860.25
12153,694.9138,432.9521,428.7351,010.1717,014.7318,637.9518,637.9516,979.1436,273.2353,694.9157,339.30
12254,137.9138,743.3821,543.6451,431.0217,104.8318,768.6918,768.6917,072.5136,543.1754,137.9157,818.36
12354,580.9039,053.8221,658.5551,851.8717,194.9318,899.4318,899.4317,165.8836,813.1154,580.9058,297.42
12455,023.9139,360.6121,771.7952,272.7117,285.0319,030.1619,030.1617,259.2537,083.0555,023.9158,775.55
12555,466.9039,666.3921,884.9852,693.5517,375.1319,160.9019,160.9017,352.6237,353.0055,466.9059,247.42
12655,909.8939,972.1621,998.1753,114.4117,465.2319,291.6319,291.6317,445.9337,622.9355,909.8959,719.29
12756,352.9040,277.9522,111.3653,535.2517,555.3319,422.3719,422.3717,537.9137,892.8856,352.9060,191.17
12856,795.8940,583.7322,224.5553,956.1017,645.4319,553.1119,553.1117,629.8838,162.8256,795.8960,663.04
12957,238.8840,889.5122,337.7454,376.9417,735.5319,683.8519,683.8517,721.8538,432.7657,238.8861,134.92
13057,681.8841,195.2922,450.9254,797.7917,825.6319,814.5819,814.5817,813.8238,702.7057,681.8861,606.79
13158,124.8741,501.0722,564.1255,218.6317,915.7419,945.3219,945.3217,905.7938,972.6558,124.8762,078.65
13258,567.8741,806.8522,677.3055,639.4818,005.8420,076.0620,076.0617,997.7639,242.5858,567.8762,550.53
13359,010.8742,112.6322,790.4956,060.3218,095.9420,206.7920,206.7918,089.7339,512.5359,010.8763,022.41
13459,453.8642,418.4022,903.6856,481.1718,186.0420,337.5320,337.5318,181.7039,782.4759,453.8663,494.28
13559,896.8642,724.1923,016.8756,902.0118,276.1420,468.2720,468.2718,273.6640,052.4259,896.8663,966.15
13660,339.8643,029.9723,130.0757,322.8618,366.2420,599.0120,599.0118,365.6340,322.3660,339.8664,438.02
13760,782.8543,335.7523,243.2557,743.7018,456.3420,729.7420,729.7418,457.6040,592.3060,782.8564,909.90
13861,225.8543,641.5323,356.4458,164.5618,546.4420,860.4820,860.4818,549.5740,862.2461,225.8565,381.77
13961,668.8443,947.3023,469.6358,585.4018,636.5420,991.2220,991.2218,641.5441,132.1961,668.8465,853.64
14062,111.8444,253.0923,582.8259,006.2518,726.6421,121.9521,121.9518,733.5241,402.1362,111.8466,325.52
14162,554.8344,558.8623,696.0159,427.0918,816.7421,252.6921,252.6918,825.4841,672.0762,554.8366,797.38
14262,997.8244,864.6523,809.2059,847.9418,906.8421,383.4321,383.4318,917.4641,942.0162,997.8267,269.26
14363,440.8345,170.4323,922.3860,268.7918,996.9521,514.1721,514.1719,009.4342,211.9663,440.8367,741.13
14463,883.8245,476.2124,035.5860,689.6419,087.0521,644.9021,644.9019,101.3942,481.8963,883.8268,213.00
14564,326.8245,781.9924,148.7761,110.4719,177.1521,775.6421,775.6419,193.3642,751.8464,326.8268,684.88
14664,769.8246,087.7724,261.9561,531.3319,267.2521,906.3821,906.3819,285.3243,021.7864,769.8269,156.75
14765,212.8146,393.5524,375.1561,952.1719,357.3522,037.1122,037.1119,377.3043,291.7265,212.8169,628.62
14865,655.8146,699.3224,488.3362,373.0319,447.4522,167.8522,167.8519,469.2743,561.6665,655.8170,100.49
14966,098.8147,005.1024,601.5262,793.8619,537.5522,298.5922,298.5919,561.2443,831.6166,098.8170,572.37
15066,541.8047,310.8924,714.7163,214.7119,627.6522,429.3322,429.3319,653.2144,101.5466,541.8071,044.25
15166,984.7947,616.6724,827.9063,635.5619,717.7522,560.0622,560.0619,745.1844,371.4966,984.7971,516.11
15267,427.7947,922.4424,941.0964,056.4119,807.8522,690.8022,690.8019,837.1544,641.4367,427.7971,987.98
15367,870.7848,228.2325,054.2864,477.2519,897.9522,821.5422,821.5419,929.1244,911.3767,870.7872,459.86
15468,313.7848,534.0025,167.4664,898.1019,988.0522,952.2722,952.2720,021.0945,181.3268,313.7872,931.73
15568,756.7848,839.7925,280.6665,318.9420,078.1623,083.0123,083.0120,113.0545,451.2668,756.7873,403.61
15669,199.7849,145.5625,393.8465,739.7920,168.2623,213.7423,213.7420,205.0245,721.2069,199.7873,875.48
15769,642.7749,451.3425,507.0366,160.6320,258.3623,344.4923,344.4920,297.0045,991.1469,642.7774,347.34
15870,085.7749,757.1325,620.2266,581.4820,348.4623,475.2223,475.2220,388.9646,261.0970,085.7774,819.22
15970,528.7750,062.9125,733.4167,002.3320,438.5623,605.9623,605.9620,480.9346,531.0270,528.7775,291.10
16070,971.7650,368.6925,846.6167,423.1720,528.6623,736.7023,736.7020,572.9146,800.9770,971.7675,762.97
16171,414.7650,674.4625,959.7967,844.0220,618.7623,867.4323,867.4320,664.8747,070.9171,414.7676,234.84
16271,857.7550,980.2426,072.9868,264.8620,708.8623,998.1723,998.1720,756.8547,340.8571,857.7576,706.71
16372,300.7451,286.0226,186.1768,685.7220,798.9624,128.9124,128.9120,848.8247,610.7972,300.7477,178.59
16472,743.7451,591.8026,299.3669,106.5620,889.0624,259.6424,259.6420,940.7847,880.7472,743.7477,650.46
16573,186.7451,897.5926,412.5569,527.4020,979.1624,390.3824,390.3821,032.7548,150.6773,186.7478,122.33
16673,629.7352,203.3726,525.7469,948.2521,069.2624,521.1224,521.1221,124.7248,420.6273,629.7378,594.21
16774,072.7352,509.1426,638.9270,369.1021,159.3624,651.8524,651.8521,216.6948,690.5674,072.7379,066.07
16874,515.7352,814.9326,752.1270,789.9521,249.4624,782.5924,782.5921,308.6648,960.5074,515.7379,537.95
16974,958.7253,120.7026,865.3071,210.7921,339.5624,913.3324,913.3321,400.6349,230.4474,958.7280,009.83
17075,401.7253,426.4826,978.4971,631.6321,429.6625,044.0625,044.0621,492.6049,500.3975,401.7280,481.69
17175,844.7253,732.2627,091.6872,052.4921,519.7625,174.8125,174.8121,584.5749,770.3375,844.7280,953.57
17276,287.7154,038.0427,204.8772,473.3321,609.8625,305.5425,305.5421,676.5450,040.2876,287.7181,425.44
17376,730.7054,343.8327,318.0672,894.1821,699.9625,436.2825,436.2821,768.5150,310.2276,730.7081,897.32
17477,173.7054,649.6027,431.2573,315.0221,790.0625,567.0225,567.0221,860.4850,580.1677,173.7082,369.19
17577,616.7054,955.3827,544.4473,735.8721,880.1625,697.7525,697.7521,952.4450,850.1077,616.7082,841.06
17678,059.6955,261.1627,657.6374,156.7121,970.2625,828.4925,828.4922,044.4151,120.0578,059.6983,312.94
17778,502.6955,566.9427,770.8274,577.5622,060.3625,959.2325,959.2322,136.3951,389.9878,502.6983,784.80
17878,945.6955,872.7227,884.0074,998.4022,150.4726,089.9626,089.9622,228.3551,659.9378,945.6984,256.68
17979,388.6856,178.5027,997.2075,419.2522,240.5726,220.7026,220.7022,320.3251,929.8779,388.6884,728.55
18079,831.6856,484.2828,110.3875,840.0922,330.6726,351.4426,351.4422,412.3052,199.8179,831.6885,200.42
18180,274.6856,790.0728,223.5876,260.9422,420.7726,482.1726,482.1722,504.2652,469.7580,274.6885,672.30
18280,717.6757,095.8428,336.7776,681.7822,510.8726,612.9126,612.9122,596.2452,739.7080,717.6786,144.17
18381,160.6757,401.6228,449.9577,102.6422,599.6826,743.6526,743.6522,688.2153,009.6381,160.6786,616.04
18481,603.6657,707.4028,563.1577,523.4822,688.4326,874.3826,874.3822,780.1753,279.5881,603.6687,087.91
18582,046.6558,013.1828,676.3377,944.3222,777.1827,005.1327,005.1322,872.1453,549.5282,046.6587,559.79
18682,489.6658,318.9628,789.5278,365.1722,865.9327,135.8627,135.8622,964.1153,819.4682,489.6688,031.67
18782,932.6558,624.7428,902.7178,786.0222,954.6827,266.6027,266.6023,056.0854,089.4082,932.6588,503.53
18883,375.6558,930.5229,015.9079,206.8723,043.4327,397.3427,397.3423,148.0554,359.3583,375.6588,975.40
18983,818.6459,236.3029,129.0979,627.7123,132.1827,528.0627,528.0623,240.0254,629.2983,818.6489,447.28
19084,261.6459,542.0829,242.2880,048.5523,220.9327,658.8127,658.8123,331.9954,899.2384,261.6489,919.15
19184,704.6459,847.8629,355.4680,469.4123,309.6827,789.5527,789.5523,423.9655,169.1884,704.6490,391.03
19285,147.6360,153.6429,468.6680,890.2523,398.4327,920.2827,920.2823,515.9455,439.1185,147.6390,862.90
19385,590.6360,459.4129,581.8481,311.1023,487.1828,051.0228,051.0223,607.9055,709.0685,590.6391,334.76
19486,033.6260,765.2029,695.0381,731.9423,575.9228,181.7628,181.7623,699.8755,979.0086,033.6291,806.64
19586,476.6161,070.9829,808.2282,152.7923,664.6728,312.4928,312.4923,791.8456,248.9486,476.6192,278.52
19686,919.6161,376.7629,921.4182,573.6423,753.4228,443.2328,443.2323,883.8056,518.8886,919.6192,750.39
19787,362.6161,682.5430,034.6082,994.4823,842.1728,573.9628,573.9623,975.7856,788.8387,362.6193,222.26
19887,805.6061,988.3230,147.7983,415.3323,930.9228,704.7028,704.7024,067.7557,058.7687,805.6093,694.13
19988,248.6162,294.1030,260.9783,836.1724,019.6728,835.4528,835.4524,159.7257,328.7188,248.6194,166.01
20088,691.6062,599.8730,374.1784,257.0224,108.4228,966.1728,966.1724,251.6957,598.6588,691.6094,637.88]

Textual Amendments

Cracked trials and guilty pleas where the number of pages of prosecution evidence exceeds the PPE Cut-offE+W

8.—(1)  Where in a cracked trial or guilty plea the number of pages of prosecution evidence exceeds the PPE Cut-off specified in the table following paragraph 5(1) as appropriate to the offence with which the assisted person is charged, the total fee payable to the litigator is—

(a)the final fee, calculated in accordance with sub-paragraph (2) of this paragraph;

(b)the defendant uplift, if any, calculated in accordance with the table following paragraph 12; and

(c)the adjustment for transfers and retrials, if any, calculated in accordance with paragraph 13.

(2) For the purposes of sub-paragraph (1), the final fee payable to a litigator in a cracked trial or guilty plea is calculated in accordance with the following formula—

Where—

F is the amount of the final fee;

I is the initial fee specified in the tables following this paragraph, as appropriate to the type of case, the offence with which the assisted person is charged and the number of pages of prosecution evidence;

D is the difference between—

(i)

the number of pages of prosecution evidence in the case; and

(ii)

the lower number in the PPE range as specified in the tables following this paragraph, as appropriate to the type of case, the offence with which the assisted person is charged and the number of pages of prosecution evidence in the case;

i is the incremental fee per page of prosecution evidence specified in the tables following this paragraph, as appropriate to the type of case, the offence with which the assisted person is charged and the number of pages of prosecution evidence in the case.

Table of final fees in cracked trials
[F245Class of OffencePPE RangeInitial Fee (£)Incremental fee per page of prosecution evidence (£)
A0-79£1,040.270
A80-249£1,040.2710.70
A250-999£2,858.586.71
A1000-2799£7,893.593.92
A2800-4599£14,956.443.92
A4600-6399£22,019.303.11
A6400-8199£27,626.043.11
A8200-9999£33,232.783.11
A10000£38,836.400
B0-69£815.520
B70-249£815.527.83
B250-999£2,224.043.66
B1000-2799£4,970.932.44
B2800-4599£9,361.882.44
B4600-6399£13,752.832.05
B6400-8199£17,444.862.05
B8200-9999£21,136.872.05
B10000£24,826.830
C0-39£603.550
C40-249£603.553.92
C250-999£1,427.492.25
C1000-2799£3,111.781.43
C2800-4599£5,686.201.43
C4600-6399£8,260.611.43
C6400-8199£10,835.031.43
C8200-9999£13,409.461.43
C10000£15,982.450
D0-79£988.250
D80-249£988.2510.14
D250-999£2,711.406.11
D1000-2799£7,292.663.61
D2800-4599£13,784.643.61
D4600-6399£20,276.612.96
D6400-8199£25,605.692.96
D8200-9999£30,930.772.96
D10000£36,254.880
E0-39£267.980
E40-249£267.984.60
E250-999£1,234.381.46
E1000-2799£2,326.490.61
E2800-4599£3,425.210.61
E4600-6399£4,523.920.61
E6400-8199£5,622.640.61
E8200-9999£6,721.360.61
E10000£7,819.460
F0-49£257.850
F50-249£257.854.42
F250-999£1,141.161.79
F1000-2799£2,484.020.70
F2800-4599£3,738.300.70
F4600-6399£4,992.570.70
F6400-8199£6,246.840.70
F8200-9999£7,501.120.70
F10000£8,754.690
G0-49£257.850
G50-249£257.854.42
G250-999£1,141.161.79
G1000-2799£2,484.020.70
G2800-4599£3,738.300.70
G4600-6399£4,992.570.70
G6400-8199£6,246.840.70
G8200-9999£7,501.120.70
G10000£8,754.690
H0-39£272.550
H40-249£272.554.26
H250-999£1,167.161.56
H1000-2799£2,333.750.70
H2800-4599£3,586.340.70
H4600-6399£4,838.920.70
H6400-8199£6,091.510.70
H8200-9999£7,344.100.70
H10000£8,595.990
I0-39£291.730
I40-249£291.735.92
I250-999£1,534.852.31
I1000-2799£3,269.960.90
I2800-4599£4,885.410.90
I4600-6399£6,500.840.90
I6400-8199£8,116.280.90
I8200-9999£9,731.720.90
I10000£11,346.250
J0-79£1,040.270
J80-249£1,040.2710.70
J250-999£2,858.586.71
J1000-2799£7,893.593.92
J2800-4599£14,956.443.92
J4600-6399£22,019.303.11
J6400-8199£27,626.043.11
J8200-9999£33,232.783.11
J10000£38,836.400
K0-119£889.940
K120-249£889.946.55
K250-999£1,740.935.02
K1000-2799£5,505.064.39
K2800-4599£13,415.124.39
K4600-6399£21,325.203.75
K6400-8199£28,070.373.75
K8200-9999£34,815.543.75
K10000£41,556.970]
[F246Table of final fees in guilty pleas
Class of OffencePPE RangeInitial Fee (£)Incremental fee per page of prosecution evidence (£)
A0-79£782.450
A80-399£782.455.62
A400-999£2,580.352.96
A1000-2799£4,358.151.89
A2800-4599£7,768.951.89
A4600-6399£11,179.741.12
A6400-8199£13,192.661.12
A8200-9999£15,205.591.12
A10000£17,217.390
B0-69£639.530
B70-399£639.534.52
B400-999£2,130.012.28
B1000-2799£3,495.171.45
B2800-4599£6,109.341.45
B4600-6399£8,723.531.06
B6400-8199£10,638.771.06
B8200-9999£12,554.021.06
B10000£14,468.200
C0-39£509.350
C40-399£509.352.66
C400-999£1,468.321.46
C1000-2799£2,342.710.79
C2800-4599£3,766.370.79
C4600-6399£5,190.050.79
C6400-8199£6,613.720.79
C8200-9999£8,037.390.79
C10000£9,460.260
D0-79£743.310
D80-399£743.315.23
D400-999£2,417.612.75
D1000-2799£4,065.321.71
D2800-4599£7,143.151.71
D4600-6399£10,220.981.06
D6400-8199£12,133.931.06
D8200-9999£14,046.861.06
D10000£15,958.740
E0-39£212.400
E40-399£212.402.92
E400-999£1,264.941.25
E1000-2799£2,016.770.46
E2800-4599£2,847.400.46
E4600-6399£3,678.030.46
E6400-8199£4,508.660.46
E8200-9999£5,339.290.46
E10000£6,169.450
F0-49£225.180
F50-399£225.182.83
F400-999£1,217.100.99
F1000-2799£1,810.580.32
F2800-4599£2,383.440.32
F4600-6399£2,956.300.32
F6400-8199£3,529.150.32
F8200-9999£4,102.010.32
F10000£4,674.550
G0-49£225.180
G50-399£225.182.83
G400-999£1,217.100.99
G1000-2799£1,810.580.32
G2800-4599£2,383.440.32
G4600-6399£2,956.300.32
G6400-8199£3,529.150.32
G8200-9999£4,102.010.32
G10000£4,674.550
H0-39£219.620
H40-399£219.622.79
H400-999£1,225.240.99
H1000-2799£1,819.390.32
H2800-4599£2,388.500.32
H4600-6399£2,957.630.32
H6400-8199£3,526.750.32
H8200-9999£4,095.870.32
H10000£4,664.650
I0-39£200.790
I40-399£200.793.12
I400-999£1,324.711.36
I1000-2799£2,142.480.51
I2800-4599£3,059.210.51
I4600-6399£3,975.940.51
I6400-8199£4,892.670.51
I8200-9999£5,809.410.51
I10000£6,725.640
J0-79£782.450
J80-399£782.455.62
J400-999£2,580.352.96
J1000-2799£4,358.151.89
J2800-4599£7,768.951.89
J4600-6399£11,179.741.12
J6400-8199£13,192.661.12
J8200-9999£15,205.591.12
J10000£17,217.390
K0-119£736.970
K120-399£736.975.26
K400-999£2,209.262.93
K1000-2799£3,965.372.73
K2800-4599£8,871.682.73
K4600-6399£13,777.992.08
K6400-8199£17,519.412.08
K8200-9999£21,260.842.08
K10000£25,000.170]

Textual Amendments

Trials where the number of pages of prosecution evidence exceeds the PPE Cut-offE+W

9.—(1) Where in a trial the number of pages of prosecution evidence exceeds the PPE Cut-off figure specified in the table following paragraph 5(2) as appropriate to the offence for which the assisted person is tried and the length of trial, the total fee payable to the litigator is—

(a)the final fee, calculated in accordance with sub-paragraph (2) of this paragraph;

(b)the defendant uplift, if any, calculated in accordance with the table following paragraph 12; and

(c)the adjustment for transfers and retrials, if any, calculated in accordance with paragraph 13.

(2) For the purposes of sub-paragraph (1), the final fee is calculated in accordance with the following formula—

Where—

F is the amount of the final fee;

I is the initial fee specified in the table following this paragraph as appropriate to the offence for which the assisted person is tried and the number of pages of prosecution evidence;

D is the difference between—

(i)

the number of pages of prosecution evidence in the case; and

(ii)

the lower number in the PPE range as specified in the table following this paragraph, as appropriate to the offence for which the assisted person is tried and the number of pages of prosecution evidence in the case;

i is the incremental fee per page of prosecution evidence specified in the table following this paragraph as appropriate to the offence for which the assisted person is tried and the number of pages of prosecution evidence in the case.

Table of final fees in trials
[F247Class of OffencePPE RangeInitial Fee (£)Incremental fee per page of prosecution evidence (£)
A0-79£1687.720
A80-209£1,687.7216.58
A210-699£3,842.6812.66
A700-1049£10,045.0510.62
A1050-1999£13,763.569.21
A2000-3599£22,515.568.42
A3600-5199£35,987.178.42
A5200-6799£49,458.788.42
A6800-8399£62,930.408.42
A8400-9999£76,402.018.42
A10000£89,865.200
B0-69£1,262.310
B70-199£1,262.3112.81
B200-499£2,927.2511.44
B500-899£6,360.039.63
B900-1299£10,212.868.09
B1300-1999£13,449.687.09
B2000-3299£18,414.167.09
B3300-4999£27,633.897.09
B5000-5999£39,690.477.09
B6000-7999£46,782.587.09
B8000-8999£60,966.797.09
B9000-9999£68,058.897.09
B10000£75,143.910
C0-39£850.530
C40-299£850.5310.57
C300-799£3,597.489.23
C800-1249£8,212.687.73
C1250-1999£11,689.036.83
C2000-3199£16,811.874.72
C3200-4559£22,479.734.72
C4560-5919£28,903.324.72
C5920-7279£35,326.904.72
C7280-8639£41,750.484.72
C8640-9999£48,174.064.72
C10000£54,592.940
D0-79£1,603.330
D80-209£1,603.3315.75
D210-699£3,650.5412.03
D700-1049£9,542.8010.09
D1050-1999£13,075.388.75
D2000-3599£21,389.788.00
D3600-5199£34,187.808.00
D5200-6799£46,985.838.00
D6800-8399£59,783.878.00
D8400-9999£72,581.908.00
D10000£85,371.930
E0-39£405.630
E40-69£405.639.52
E70-129£691.118.57
E130-599£1,205.498.29
E600-1349£5,102.655.44
E1350-2999£9,184.872.39
E3000-4749£13,125.682.39
E4750-6499£17,305.322.39
E6500-8249£21,484.952.39
E8250-9999£25,664.602.39
E10000£29,841.840
F0-49£411.240
F50-229£411.247.31
F230-699£1,726.856.96
F700-1399£5,000.285.60
F1400-1949£8,919.444.32
F1950-3549£11,296.012.16
F3550-5149£14,744.052.16
F5150-6749£18,194.092.16
F6750-8349£21,643.132.16
F8350-9999£25,092.172.16
F10000£28,646.850
G0-49£411.240
G50-229£411.247.31
G230-699£1,726.856.96
G700-1399£5,000.285.60
G1400-1949£8,919.444.32
G1950-3549£11,296.012.16
G3550-5149£14,744.052.16
G5150-6749£18,194.092.16
G6750-8349£21,643.132.16
G8350-9999£25,092.172.16
G10000£28,646.850
H0-39£411.410
H40-249£411.418.60
H250-619£2,216.587.15
H620-1299£4,861.455.31
H1300-2999£8,472.404.21
H3000-4999£15,637.252.27
H5000-5999£20,183.502.27
H6000-6999£22,456.562.27
H7000-7999£24,729.692.27
H8000-8999£27,002.812.27
H9000-9999£29,275.942.27
H10000£31,546.790
I0-39£411.060
I40-369£411.069.14
I370-799£3,427.289.09
I800-1299£7,336.058.99
I1300-2699£11,832.647.08
I2700-4199£21,751.253.04
I4200-5359£26,318.143.04
I5360-6519£29,849.873.04
I6520-7679£33,381.593.04
I7680-8839£36,913.333.04
I8840-9999£40,445.053.04
I10000£43,973.730
J0-79£1,687.720
J80-209£1,687.7216.58
J210-699£3,842.6812.66
J700-1049£10,045.0510.62
J1050-1999£13,763.569.21
J2000-3599£22,515.568.42
J3600-5199£35,987.178.42
J5200-6799£49,458.788.42
J6800-8399£62.930.408.42
J8400-9999£76,402.018.42
J10000£89,865.200
K0-119£1,186.590
K120-734£1,186.598.66
K735-1289£6,510.838.72
K1290-2399£11,348.448.87
K2400-4499£21,197.308.84
K4500-7999£39,760.518.84
K8000-8399£70,699.178.84
K8400-8799£74,235.018.84
K8800-9199£77,770.858.84
K9200-9599£81,306.718.84
K9600-9999£84,842.558.84
K10000£88,369.560]

Textual Amendments

F248PART 3E+WFixed Fee for Guilty Pleas and Cracked Trials in Elected Cases

Textual Amendments

Scope of Part 3E+W

F24810.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Fixed fee for guilty pleas or cracked trialsE+W

F24811.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART 4E+WDefendant Uplifts, Retrials and Transfers

Defendant upliftsE+W

12.—(1) The defendant uplift payable to a litigator is calculated in accordance with the table following this paragraph.

(2) Only one defendant uplift is payable in each case.

(3) In the table following this paragraph, the total fee means—

(a)in a cracked trial or guilty plea where the number of pages of prosecution evidence does not exceed the PPE Cut-off specified in the table following paragraph 5(1), the basic fee specified in the table following paragraph 6(2);

(b)in a trial where the number of pages of prosecution evidence does not exceed the PPE Cut-off specified in the table following paragraph 5(2), the basic fee specified in the table following paragraph 7(2) plus the length of trial proxy specified in the table following paragraph 7(3);

(c)in a cracked trial or guilty plea where the number of pages of prosecution evidence exceeds the PPE Cut-off specified in the table following paragraph 5(1), the final fee, as calculated in accordance with paragraph 8(2); and

(d)in a trial where the number of pages of prosecution evidence exceeds the PPE Cut-off specified in the table following paragraph 5(2), the final fee, as calculated in accordance with paragraph 9(2);

F249(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) F250...

Defendant uplifts
Total number of defendants represented by litigatorPercentage uplift to total fee
2-420%
5+30%

Textual Amendments

Retrials and TransfersE+W

13.—(1) Where following a trial an order is made for a retrial and the same litigator acts for the assisted person at both trials the fee payable to that litigator is—

(a)in respect of the first trial, a fee calculated in accordance with the provisions of this Schedule; and

(b)in respect of the retrial, 25% of the fee, as appropriate to the circumstances of the retrial, in accordance with the provisions of this Schedule.

(2) Where—

(a)a case is transferred to a new litigator; or

(b)a retrial is ordered and a new litigator acts for the assisted person at the retrial,

the fee payable to the original litigator and the new litigator is a percentage of the total fee, calculated in accordance with the table following this paragraph, as appropriate to the circumstances and timing of the retrial, transfer or withdrawal of the section 16 determination.

(3) In sub-paragraph (2), “transfer” includes the making of a section 16 determination in favour of an individual who, immediately before the making of the section 16 determination—

(a)had represented themselves; or

(b)had been represented (otherwise than pursuant to a section 16 determination) by the litigator named in the order,

and for the purposes of that sub-paragraph the litigator is to be treated as a new litigator.

(4) For the purposes of sub-paragraph (2), a case is not transferred to a new litigator where—

(a)a firm of solicitors is named as litigator in the representation order and the solicitor or other appropriately qualified person with responsibility for the case moves to another firm;

(b)a firm of solicitors is named as litigator in the representation order and the firm changes (whether by merger or acquisition or in some other way), but so that the new firm remains closely related to the firm named in the order; or

(c)a solicitor or other appropriately qualified person is named as litigator in the representation order and responsibility for the case is transferred to another solicitor or appropriately qualified person in the same firm or a closely related firm.

(5) For the purposes of sub-paragraph (2), where a case which has been transferred to a new litigator is transferred again, that new litigator—

(a)must be treated as the original litigator, where the transfer takes place at any time before the trial or any retrial;

(b)must be treated as a new litigator, where the transfer takes place during the trial or any retrial; and

(c)must not receive any fee, where the transfer takes place after the trial or any retrial but before the sentencing hearing.

(6) Where a section 16 determination is withdrawn before the case ends, a litigator must receive a percentage of the total fee, in accordance with the table following this paragraph, as appropriate to the circumstances and timing of a transfer.

(7) In the table following this paragraph, the total fee means—

[F251(a)in a case to which Part 1A applies, the fixed fee determined in accordance with paragraph 3AA;]

(b)in a trial [F252in a case to which Part 2 applies,] where the number of pages of prosecution evidence is less than or equal to the PPE Cut-off specified in the table following [F253paragraph 5], the basic fee specified in the table following paragraph 7(2) plus the length of trial proxy specified in the table following paragraph 7(3);

(c)in a cracked trial or guilty plea in a case to which Part 2 applies, F254... the final fee as calculated in accordance with paragraph 8(2);

(d)in a trial [F255in a case to which Part 2 applies,] where the number of pages of prosecution evidence exceeds the PPE Cut-off specified in the table following [F253paragraph 5], the final fee, as calculated in accordance with paragraph 9(2);

F256(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8) Where a case becomes a Very High Cost Case after a section 16 determination has been made and is transferred from the litigator named on the representation order to a new litigator—

(a)the original litigator must be remunerated in accordance with the individual Very High Cost Case contract entered into by that litigator; and

(b)the new litigator must be remunerated in accordance with the individual Very High Cost Case contract entered into by that litigator.

(9) Where a case becomes a Very High Cost Case after a section 16 determination has been made and the section 16 determination is withdrawn before the end of the case, the litigator must be remunerated in accordance with the table following this paragraph as appropriate to the circumstances and timing of the withdrawal.

F257(10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F258(11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(12) A litigator may not be treated both as an original litigator and as a new litigator in a case.

Retrials and Transfers
ScenarioPercentage of the total feeCase type to be used to determine total feeClaim period [F259(where Part 2 applies)]
Cracked trial before retrial, where there is no change of litigator25%Cracked trial
Retrial where there is no change of litigator25%Trial
[F260Transfer at or before the first hearing at which the assisted person enters a plea] (original litigator)25%Cracked trial
[F260Transfer at or before the first hearing at which the assisted person enters a plea] – guilty plea (new litigator)100%Guilty plea
[F260Transfer at or before the first hearing at which the assisted person enters a plea] – cracked trial (new litigator)100%Cracked trial
[F260Transfer at or before the first hearing at which the assisted person enters a plea] – trial (new litigator)100%Trial
Before trial transfer (original litigator)75%Cracked trial
Before trial transfer – cracked trial (new litigator)100%Cracked trial
Before trial transfer – trial (new litigator)100%Trial
During trial transfer (original litigator)100%TrialClaim up to and including the day before the transfer
During trial transfer (new litigator)50%TrialClaim for the full trial length
Transfer after trial or guilty plea and before sentencing hearing (original litigator)100%Trial, Cracked trial or Guilty plea as appropriateClaim for the full trial length, excluding the length of the sentencing hearing
Transfer after trial or guilty plea and before sentencing hearing (new litigator)10%TrialClaim for one day or for the length of the sentencing hearing if longer than one day
Transfer before retrial (original litigator)25%Cracked trial
Transfer before cracked retrial (new litigator)50%Cracked trial
Transfer before retrial (new litigator)50%TrialClaim for the full retrial length
Transfer during retrial (original litigator)25%TrialClaim up to and including the day before the transfer
Transfer during retrial (new litigator)50%TrialClaim for the full retrial length
Transfer after retrial or cracked retrial and before sentencing hearing (original litigator)25%Trial or Cracked trial as appropriateClaim for the full retrial length, excluding the length of the sentencing hearing
Transfer after retrial or cracked retrial and before sentencing hearing (new litigator10%TrialClaim for one day or for the length of the sentencing hearing if longer than one day.

Textual Amendments

PART 5E+WFixed Fees

General provisionsE+W

14.—F261(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) Except as provided under this Part, remuneration for all work undertaken by a litigator in a case to which Part 2 applies is included within the fee set out in Part 2 of this Schedule as appropriate to—

(a)the offence for which the assisted person is charged or tried;

(b)whether the case is a cracked trial, guilty plea or trial; and

(c)the number of pages of prosecution evidence.

Textual Amendments

Fees for appeals and committals for sentence hearingsE+W

15.  The fee payable to a litigator instructed in—

(a)an appeal against conviction from a magistrates' court;

(b)an appeal against sentence from a magistrates' court; or

(c)a sentencing hearing following a committal for sentence to the Crown Court,

is that set out in the table following paragraph 19.

Fees for hearing subsequent to sentenceE+W

16.—(1) The fee payable to a litigator instructed in relation to a hearing under an enactment listed in sub-paragraph (2) is that set out in the table following paragraph 19.

(2) The enactments are—

(a)section 1CA of the Crime and Disorder Act 1998 M21 (variation and discharge of orders under section 1C);

(b)[F262section 385 of the Sentencing Code] (alteration of Crown Court sentence);

(c)[F263section 387 or 388 of the Sentencing Code] (assistance by defendant: review of sentence).

Textual Amendments

F262Words in Sch. 2 para. 16(2)(b) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 415(3)(a) (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2

F263Words in Sch. 2 para. 16(2)(c) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 415(3)(b) (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2

Marginal Citations

M211998 c. 37. Section 1CA was inserted by section 140 of the Serious Organised Crime and Police Act 2005 (c. 15).

Fees for contempt proceedingsE+W

17.—(1) This paragraph applies to proceedings referred to in section 14(g) of the Act in the Crown Court.

(2) Where, in proceedings to which this paragraph applies, the contempt is alleged to have been committed by a person other than a defendant in a case to which this Schedule applies, remuneration for litigators must be at the rate set out in the table following paragraph 19.

(3) Where, in proceedings to which this paragraph applies, the contempt is alleged to have been committed by the defendant in a case to which this Schedule applies, all work undertaken by the litigator is included within—

(a)the fee payable under Part 2 of this Schedule, or

(b)in proceedings under paragraph 15 or paragraph 18, the fixed fee set out in the table following paragraph 19.

Fees for alleged breaches of a Crown Court orderE+W

18.—(1) This paragraph applies to proceedings in the Crown Court against one assisted person arising out of a single alleged breach of an order of the Crown Court.

(2) The fee payable to the litigator in respect of the proceedings to which this paragraph applies is that set out in the table following paragraph 19.

Fixed FeesE+W

19.  The table following this paragraph sets out the fixed fees payable in relation to the category of work specified in the first column of the table.

[F264Fixed Fees
Types of proceedingsParagraph providing for feeFee payable – (£ per proceedings)
Appeal against sentence from a magistrates’ court15178.62
Appeal against conviction from a magistrates’ court15401.89
Committal for sentence15267.93
Hearing subsequent to sentence16178.62
Contempt proceedings (where contempt is alleged to have been committed by a person other than the defendant)17(2)133.96
Alleged breach of a Crown Court Order18(2)89.31]

Textual Amendments

Fees for special preparationE+W

20.—(1) This paragraph applies in any case on indictment in the Crown Court—

(a)where a documentary or pictorial exhibit is served by the prosecution in electronic form and—

(i)the exhibit has never existed in paper form; and

(ii)the appropriate officer does not consider it appropriate to include the exhibit in the pages of prosecution evidence; or

(b)in respect of which a fee is payable under Part 2 (other than paragraph 7), where the number of pages of prosecution evidence, as so defined, exceeds [F2656,000],

and the appropriate officer considers it reasonable to make a payment in excess of the fee payable under Part 2.

(2) Where this paragraph applies, a special preparation fee may be paid, in addition to the fee payable under Part 2.

(3) The amount of the special preparation fee must be calculated from the number of hours which the appropriate officer considers reasonable—

(a)where sub-paragraph (1)(a) applies, to view the prosecution evidence; and

(b)where sub-paragraph (1)(b) applies, to read the excess pages,

and in each case using the rates specified in the table following paragraph 27.

(4) A litigator claiming a special preparation fee must supply such information and documents as may be required by the appropriate officer in support of the claim.

(5) In determining a claim under this paragraph, the appropriate officer must take into account all the relevant circumstances of the case.

Textual Amendments

[F266Fees for consideration of unused materialE+W

20A.—(1) This paragraph applies in respect of any case on indictment in the Crown Court, in respect of which a graduated fee is payable under Part 2, other than a guilty plea.

[F267(2) In any case to which this paragraph applies, a fee (“the basic consideration fee”) is payable to a litigator in respect of the consideration of unused material whether or not such consideration has actually occurred.]

F268...
F268. . .F268. . .F268. . .
F268. . .F268. . .F268. . .
F268. . .F268. . .F268. . .

[F269(2A) The basic consideration fee in sub-paragraph (2) is [F270£74.38].]

(3) This sub-paragraph applies where—

(a)a litigator has undertaken the consideration of unused material; and

(b)the litigator has spent in excess of three hours undertaking that consideration.

(4) In a case where sub-paragraph (3) applies—

(a)a fee (“the additional fee”) is payable to the litigator in addition to the basic consideration fee; and

(b)the amount of the additional fee corresponds to the grade of fee earner concerned specified in the table following paragraph 27.

(5) The additional fee is payable only where the appropriate officer considers it reasonable to make such a payment.

(6) A litigator claiming the additional fee must supply such information and documents as may be required by the appropriate officer in support of the claim.

(7) In determining whether it is reasonable to pay the additional fee, the appropriate officer must take into account—

(a)the reasonableness of the hours claimed in respect of the case taken as a whole; and

(b)the reasonableness of the hours claimed in respect of the consideration of the unused material.]

Textual Amendments

Discontinuance or dismissal of F271... proceedingsE+W

21.—[F272(1) This paragraph applies to proceedings which are sent for trial to the Crown Court.]

(2) Where proceedings to which this paragraph applies are discontinued by a notice served under section 23A of the Prosecution of Offences Act 1985 (discontinuance of proceedings after accused has been sent for trial) at any time before the prosecution serves its evidence in accordance with the Crime and Disorder Act 1998 (Service of Prosecution Evidence) Regulations 2005 M22 the litigator must be paid 50% of the basic fee for a guilty plea, as specified in the table following paragraph 6, as appropriate to the offence for which the assisted person is charged.

(3) Where proceedings to which this paragraph applies are discontinued by a notice served under section 23A of the Prosecution of Offences Act 1985 (discontinuance of proceedings after accused has been sent for trial) at any time after the prosecution serves its evidence in accordance with the Crime and Disorder Act 1998 (Service of Prosecution Evidence) Regulations 2005, the litigator must be paid a fee calculated in accordance with paragraph 6, or, where appropriate, paragraph 8, as appropriate for representing an assisted person in a guilty plea.

(4) Where an application for dismissal is made under paragraph 2 of Schedule 3 to the Crime and Disorder Act [F2731998] F274... and—

(a)the charge, or charges are dismissed and the assisted person is discharged; or

(b)the case is remitted to the magistrates' court in accordance with paragraph 10(3)(a), 13(2) or 15(3)(a) of Schedule 3 to the Crime and Disorder Act 1998,

the litigator instructed in the proceedings must be paid a fee calculated in accordance with paragraph 6, or where appropriate, paragraph 8, as appropriate for representing an assisted person in a guilty plea.

F275(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) Where, at [F276or before the first hearing at which the assisted person enters a plea]—

(a)the prosecution offers no evidence and the assisted person is discharged; or

(b)the case is remitted to the magistrates' court in accordance with paragraph 10(3)(a), 13(2) or 15(3)(a) of Schedule 3 to the Crime and Disorder Act 1998,

the litigator must be paid a fee calculated in accordance with paragraph 6 or where appropriate paragraph 8, as appropriate for representing an assisted person in a guilty plea.

Textual Amendments

Marginal Citations

Defendant upliftsE+W

22.—F277(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) The defendant uplift must be calculated in accordance with the table following this paragraph.

(3) In the table following this paragraph, the total fee means—

(a)the fee specified in sub-paragraph (2) of paragraph 21 where that sub-paragraph applies;

(b)the basic fee (B) specified in the table following paragraph 6, or, where appropriate, the initial fee specified in paragraph 8, where paragraph 21(3), (4) or (5) applies, as appropriate for the circumstances set out in that sub-paragraph; or

F278(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) F279...

Defendant uplifts
Total number of defendants represented by litigatorPercentage uplift to total fee
2-420%
5+30%

Textual Amendments

Warrant for arrestE+W

23.—(1) This paragraph applies where—

(a)the assisted person fails to attend a hearing;

(b)at that hearing the court issues a warrant for the arrest of the assisted person, pursuant to section 7(1) of the Bail Act 1976 M23 (“the warrant”); and

(c)the case does not proceed in the absence of the assisted person.

(2) Where in a case on indictment the warrant is not executed within three months of the date on which it was issued, the fee payable to the litigator is—

(a)where the warrant is issued at or before [F280the first hearing at which the assisted person enters a plea], the fee payable for a guilty plea in accordance with paragraph 6 or where appropriate paragraph 8;

(b)where the warrant is issued after [F280the first hearing at which the assisted person enters a plea] but before the trial, the fee payable for a cracked trial in accordance with paragraph 6 or where appropriate paragraph 8, as appropriate to the Class of Offence with which the assisted person is charged; and

(c)where the warrant is issued during the trial, and the trial is aborted as a result, the fee payable for a trial as if the trial had ended on the day the warrant was issued.

(3) Where the warrant is issued during the course of proceedings referred to in paragraph 15 or 18 the fee payable to the litigator is the fee set out in the table following paragraph 19, as appropriate to the type of proceedings.

(4) Sub-paragraph (5) applies where—

(a)a fee has been paid, or is payable, to the litigator in accordance with sub-paragraph (2);

(b)the warrant is executed within 15 months of the date on which it was issued;

(c)the case proceeds after the warrant has been executed; and

(d)the litigator submits a claim for fees for the determination of the litigator's overall remuneration in the case, in accordance with regulation 5.

(5) Where this sub-paragraph applies—

(a)the appropriate officer must deduct the amount paid or payable in accordance with sub-paragraph (2) from the amount payable to the litigator on the final determination of fees in the case; and

(b)if the fee paid or payable in accordance with sub-paragraph (2) is greater than the amount payable to the litigator on the final determination of fees in the case, the appropriate officer may recover the amount of the difference by way of repayment by the litigator.

Textual Amendments

Marginal Citations

PART 6E+WMiscellaneous

Additional chargesE+W

24.—(1) Where an assisted person is charged with more than one offence on one indictment, the fee payable to the litigator under this Schedule must be based on whichever of those offences the litigator selects.

(2) Where a litigator selects one offence, in preference to another offence, under sub-paragraph (1) that selection does not affect the litigator's right to claim any of the fees provided for in Part 5 of this Schedule to which the litigator would otherwise have been entitled.

Assisted person unfit to plead or stand trialE+W

25.  Where in any case a hearing is held to determine the question of whether the assisted person is unfit to plead or to stand trial (a “fitness hearing”)—

(a)if a trial on indictment is held, or continues, at any time thereafter, the length of the fitness hearing is included in determining the length of the trial for the calculation of the fee in accordance with Part 2;

(b)if a trial on indictment is not held, or does not continue, thereafter by reason of the assisted person being found unfit to plead or to stand trial, the litigator must be paid—

(i)a fee calculated in accordance with paragraph 7 or where appropriate paragraph 9, as appropriate to the combined length of—

(aa)the fitness hearing; and

(bb)any hearing under section 4A of the Criminal Procedure (Insanity) Act 1964 M24 (finding that the accused did the act or made the omission charged against him); or

(ii)a fee calculated in accordance with paragraph 6, or where appropriate paragraph 8, as appropriate, for representing an assisted person in a cracked trial,

whichever the litigator elects; and

(c)if at any time the assisted person pleads guilty to the indictable offence, the litigator must be paid either—

(i)a fee calculated in accordance with paragraph 7 or, where appropriate, paragraph 9, as appropriate to the length of the fitness hearing; or

(ii)a fee calculated in accordance with paragraph 6 or, where appropriate, paragraph 8, as appropriate for representing an assisted person in a guilty plea,

whichever the litigator elects.

Marginal Citations

Fees for confiscation proceedingsE+W

26.—(1) This paragraph applies to—

(a)proceedings under Part 2 of the Proceeds of Crime Act 2002 M25 (confiscation: England and Wales);

(b)proceedings under section 2 of the Drug Trafficking Act 1994 M26 (confiscation orders); and

(c)proceedings under section 71 of the Criminal Justice Act 1988 M27 (confiscation orders).

(2) Where this paragraph applies, the appropriate officer may allow work done in the following classes by a litigator—

(a)preparation, including taking instructions, interviewing witnesses, ascertaining the prosecution case, preparing and perusing documents, dealing with letters and telephone calls, instructing an advocate and expert witnesses, conferences, consultations and work done in connection with advice on appeal;

(b)attending at court where an advocate is instructed, including conferences with the advocate at court;

(c)travelling and waiting; and

(d)writing routine letters and dealing with routine telephone calls.

(3) The appropriate officer must consider the claim, any further particulars, information or documents submitted by the litigator under regulation 5 and any other relevant information and must allow such work as appears to him to have been reasonably done in the proceedings.

(4) Subject to sub-paragraph (3), the appropriate officer must allow fees under this paragraph in accordance with paragraph 27.

(5) The appropriate officer must allow fees in accordance with paragraphs 27 to 29 as appropriate to such of the following grades of fee earner as the appropriate officer considers reasonable—

(a)senior solicitor;

(b)solicitor, legal executive or fee earner of equivalent experience; or

(c)trainee or fee earner of equivalent experience.

Marginal Citations

Prescribed fee ratesE+W

27.  Subject to paragraphs 28 and 29, for proceedings in the Crown Court to which paragraph 26 applies the appropriate officer must allow fees for work under paragraph 26(2) at the following prescribed rates—

[F281Class of workGrade of fee earnerRateVariations
PreparationSenior Solicitor£55.61 per hour£58.50 per hour for a fee earner whose office is situated within the City of London or a London borough
Solicitor, legal executive or fee earner of equivalent experience£47.22 per hour£49.59 per hour for a fee earner whose office is situated within the City of London or a London borough
Trainee or fee earner of equivalent experience£31.22 per hour£35.68 per hour for a fee earner whose office is situated within the City of London or a London borough
Consideration of unused material in excess of 3 hoursSenior solicitor£55.61 per hour£58.50 per hour for a fee earner whose office is situated within the City of London or a London borough
Solicitor, legal executive or fee earner of equivalent experience£47.22 per hour£49.59 per hour for a fee earner whose office is situated within the City of London or a London borough
Trainee or fee earner of equivalent experience£31.22 per hour£35.68 per hour for a fee earner whose office is situated within the City of London or a London borough
Attendance at court where more than one representative instructedSenior solicitor£44.33 per hour
Solicitor, legal executive or fee earner of equivalent experience£35.68 per hour
Trainee or fee earner of equivalent experience£21.52 per hour
Travelling and waitingSenior solicitor£25.97 per hour
Solicitor, legal executive or fee earner of equivalent experience£25.97 per hour
Trainee or fee earner of equivalent experience£13.12 per hour
Writing routine letters and dealing with routine telephone calls£3.62 per item£3.78 per item for a fee earner whose office is situated within the City of London or a London borough]

Textual Amendments

Allowing fees at less than the prescribed ratesE+W

28.  In respect of any item of work, the appropriate officer may allow fees at less than the relevant prescribed rate specified in paragraph 27 where it appears to the appropriate officer reasonable to do so having regard to the competence and despatch with which the work was done.

Allowing fees at more than the prescribed ratesE+W

29.—(1) Upon a determination the appropriate officer may, subject to the provisions of this paragraph, allow fees at more than the relevant prescribed rate specified in paragraph 27 for preparation, attendance at court where more than one representative is instructed, routine letters written and routine telephone calls, in respect of offences in Class A, B, C, D, G, I, J or K in the [F282LGFS] Table of Offences.

(2) The appropriate officer may allow fees at more than the prescribed rate where it appears to the appropriate officer, taking into account all the relevant circumstances of the case, that—

(a)the work was done with exceptional competence, skill or expertise;

(b)the work was done with exceptional despatch; or

(c)the case involved exceptional complexity or other exceptional circumstances.

(3) Paragraph 3 of Schedule 1 applies to litigators in respect of proceedings in the Crown Court as it applies to advocates.

(4) Where the appropriate officer considers that any item or class of work should be allowed at more than the prescribed rate, the appropriate officer must apply to that item or class of work a percentage enhancement in accordance with the following provisions of this paragraph.

(5) In determining the percentage by which fees should be enhanced above the prescribed rate the appropriate officer must have regard to—

(a)the degree of responsibility accepted by the fee earner;

(b)the care, speed and economy with which the case was prepared; and

(c)the novelty, weight and complexity of the case.

(6) The percentage above the relevant prescribed rate by which fees for work may be enhanced must not exceed 100%.

(7) The appropriate officer may have regard to the generality of proceedings to which these Regulations apply in determining what is exceptional within the meaning of this paragraph.

Textual Amendments

[F283PART 7E+W [F284LGFS] Table of Offences

Textual Amendments

OffenceContrary toYear and Chapter
Class A: Homicide and related grave offences
MurderCommon law
ManslaughterCommon law
Soliciting to commit murderOffences against the Person Act 1861, s.41861 c. 100
Child destructionInfant Life (Preservation) Act 1929, s.1(1)1929 c. 34
InfanticideInfanticide Act 1938, s.1(1)1938 c. 36
Causing explosion likely to endanger life or propertyExplosive Substances Act 1883, s.21883 c. 3
Attempt to cause explosion, making or keeping explosives etc.Explosive Substances Act 1883, s.3As above
Class B: Offences involving serious violence or damage, and serious drug offences
Endangering the safety of an aircraftAviation Security Act 1982, s.2(1)(b)1982 c. 36
Racially aggravated arson (not endangering life)Crime and Disorder Act 1998, s.30(1)1998 c. 37
KidnappingCommon law
False imprisonmentCommon law
Aggravated criminal damageCriminal Damage Act 1971, s.1(2)1971 c. 48
Aggravated arsonCriminal Damage Act 1971, s.1(2), (3)As above
Arson (where value exceeds £30,000)Criminal Damage Act 1971, s.1(3)As above
Possession of firearm with intent to endanger lifeFirearms Act 1968, s.161968 c. 27
Use of firearm to resist arrestFirearms Act 1968, s.17As above
Possession of firearm with criminal intentFirearms Act 1968, s.18As above
Possession or acquisition of certain prohibited weapons etc.Firearms Act 1968, s.5As above
Aggravated burglaryTheft Act 1968, s.101968 c. 60
Armed robberyTheft Act 1968, s.8(1)As above
Assault with weapon with intent to robTheft Act 1968, s.8(2)As above
BlackmailTheft Act 1968, s.21As above
RiotPublic Order Act 1986, s.11986 c. 64
Violent disorderPublic Order Act 1986, s.2As above
Contamination of good with intentPublic Order Act 1986, s.38As above
Causing death by dangerous drivingRoad Traffic Act 1988, s.11988 c. 52
Causing death by careless driving while under the influence of drink or drugsRoad Traffic Act 1988, s.3AAs above
Aggravated vehicle taking resulting in deathTheft Act 1968, s.12A1968 c. 60
Causing danger to road usersRoad Traffic Act 1988, s.22A1988 c. 52
Attempting to choke, suffocate, strangle etc.Offences against the Person Act 1861, s.211861 c. 100
Causing miscarriage by poison, instrumentOffences against the Person Act 1861, s.58As above
Making threats to killOffences against the Person Act 1861, s.16As above
Wounding or grievous bodily harm with intent to cause grievous bodily harm etc.Offences against the Person Act 1861, s.18As above
Endangering the safety of railway passengersOffences against the Person Act 1861, ss. 32, 33, 34As above
Impeding persons endeavouring to escape wrecksOffences against the Person Act 1861, s.17As above
Administering chloroform, laudanum etc.Offences against the Person Act 1861, s.22As above
Administering poison etc. so as to endanger lifeOffences against the Person Act 1861, s.23As above
Cruelty to persons under 16Children and Young Persons Act 1933, s.11933 c. 12
Aiding and abetting suicideSuicide Act 1961, s.21961 c. 60
Prison mutinyPrison Security Act 1992, s.11992 c. 25
Assaulting prison officer whilst possessing firearm etc.Criminal Justice Act 1991, s.901991 c. 53
Producing or supplying a Class A or B drugMisuse of Drugs Act 1971, s.41971 c. 38
Possession of a Class A or B drug with intent to supplyMisuse of Drugs Act 1971, s.5(3)As above
Manufacture and supply of scheduled substancesCriminal Justice (International Co-operation) Act 1990, s.121990 c. 5
Fraudulent evasion of controls on Class A and B drugsCustoms and Excise Management Act 1979, s.170(2)(b), (c)1979 c. 2
Illegal importation of Class A and B drugsCustoms and Excise Management Act 1979, s.50As above
Offences in relation to proceeds of drug traffickingDrug Trafficking Act 1994, ss. 49, 50, 511994 c. 37
Offences in relation to money laundering investigationsDrug Trafficking Act 1994, ss. 52, 53As above
Practitioner contravening drug supply regulationsMisuse of Drugs Act 1971, ss. 12, 131971 c. 38
Cultivation of cannabis plantMisuse of Drugs Act 1971, s.6As above
Occupier knowingly permitting drugs offences etc.Misuse of Drugs Act 1971, s.8As above
Activities relating to opiumMisuse of Drugs Act 1971, s.9As above
Drug trafficking offences at seaCriminal Justice (International Co-operation) Act 1990, s.181990 c. 5
Firing on Revenue vesselCustoms and Excise Management Act 1979, s.851979 c. 2
Making or possession of explosive in suspicious circumstancesExplosive Substances Act 1883, s.4(1)1883 c. 3
Causing bodily injury by explosivesOffences against the Person Act 1861, s.281861 c. 100
Using explosive or corrosives with intent to cause grievous bodily harmOffences against the Person Act 1861, s.29As above
Hostage takingTaking of Hostages Act 1982, s.11982 c. 28
Offences against international protection of nuclear materialNuclear Material (Offences) Act 1983, s.21983 c. 18
Placing explosives with intent to cause bodily injuryOffences against the Person act 1861, s.301861 c. 100
Membership of proscribed organisationsTerrorism Act 2000, s.112000 c. 11
Support or meeting of proscribed organisationsTerrorism Act 2000, s.12As above
Uniform of proscribed organisationsTerrorism Act 2000, s.13As above
Fund raising for terrorismTerrorism Act 2000, s.15As above
Other offences involving money or property to be used for terrorismTerrorism Act 2000, ss.16-18As above
Disclosure prejudicing, or interference of material relevant to, investigation of terrorismTerrorism Act 2000, s.39As above
Weapons trainingTerrorism Act 2000, s.54As above
Directing terrorist organisationTerrorism Act 2000, s.56As above
Possession of articles for terrorist purposesTerrorism Act 2000, s.57As above
Unlawful collection of information for terrorist purposesTerrorism Act 2000, s.58As above
Incitement of terrorism overseasTerrorism Act 2000, s.59As above
Concealing criminal propertyProceeds of Crime Act 2002, s.3272002 c. 29
Involvement in arrangements facilitating the acquisition, retention, use or control of criminal propertyProceeds of Crime Act 2002, s.328As above
Acquisition, use or possession of criminal propertyProceeds of Crime Act 2002, s.329As above
Failure to disclose knowledge or suspicion of money laundering: regulated sectorProceeds of Crime Act 2002, s.330As above
Failure to disclose knowledge or suspicion of money laundering: nominated officers in the regulated sectorProceeds of Crime Act 2002, s.331As above
Failure to disclose knowledge or suspicion of money laundering: other nominated officersProceeds of Crime Act 2002, s.332As above
Tipping offProceeds of Crime Act 2002, s.333As above
Disclosure under sections 330, 331, 332 or 333 of the Proceeds of Crime Act 2002 otherwise than in the form and manner prescribedProceeds of Crime Act 2002, s.339(1A)As above
Causing or allowing the death of a childDomestic Violence, Crime and Victims Act 2004, s.52004 c. 28
Class C: Lesser offences involving violence or damage and less serious drugs offences
Racially aggravated assaultCrime and Disorder Act 1998, s.29(1)1998 c. 37
Racially aggravated criminal damageCrime and Disorder Act 1998, s.30(1)As above
Robbery (other than armed robbery)Theft Act 1968, s.8(1)1968 c. 60
Unlawful woundingOffences against the Person Act 1861, s.201861 c. 100
Assault occasioning actual bodily harmOffences against the Person Act 1861, s.47As above
Concealment of birthOffences against the Person Act 1861, s.60As above
Abandonment of children under twoOffences against the Person Act 1861, s.27As above
Arson (other than aggravated arson) where value does not exceed £30,000Criminal Damage Act 1971, s.1(3)1971 c. 48
Criminal damage (other than aggravated criminal damage)Criminal Damage Act 1971, s.1(1)As above
Possession of firearm without certificateFirearms Act 1968 s.11968 c. 27
Carrying loaded firearm in public placeFirearms Act 1968, s.19As above
Trespassing with a firearmFirearms Act 1968, s.20As above
Shortening of shotgun or possession of shortened shotgunFirearms Act 1968 s.4As above
Shortening of smooth bore gunFirearms Amendment Act 1988, s.6(1)1988 c. 45
Possession or acquisition of shotgun without certificateFirearms Act 1968, s.21968 c. 27
Possession of firearms by person convicted of crimeFirearms Act 1968, s.21(4)As above
Acquisition by or supply of firearms to person denied themFirearms Act 1968, s.21(5)As above
Dealing in firearmsFirearms Act 1968, s.3As above
Failure to comply with certificate when transferring firearmFirearms Act 1968, s.42As above
Permitting an escapeCommon law
RescueCommon law
Escape from lawful custody without forceCommon law
Breach of prisonCommon law
Harbouring escaped prisonersCriminal Justice Act 1961, s.221961 c. 39
Assisting prisoners to escapePrison Act 1952, s.391952 c. 52
Fraudulent evasion of agricultural levyCustoms and Excise Management Act 1979, s.68A(1) and (2)1979 c. 2
Offender armed or disguisedCustoms and Excise Management Act 1979, s.86As above
Making threats to destroy or damage propertyCriminal Damage Act 1971, s.21971 c. 48
Possessing anything with intent to destroy or damage propertyCriminal Damage Act 1971, s.3As above
Child abduction by connected personChild Abduction Act 1984, s.11984 c. 37
Child abduction by other personChild Abduction Act 1984, s.2As above
Bomb hoaxCriminal Law Act 1977, s.511977 c. 45
Producing or supplying Class C drugMisuse of Drugs Act 1971, s.41971 c. 38
Possession of a Class C drug with intent to supplyMisuse of Drugs Act 1971 s.5(3)As above
Fraudulent evasion of controls on Class C drugsCustoms and Excise Management Act 1979, s.170(2)(b),(c)1979 c. 2
Illegal importation of Class C drugsCustoms and Excise Management Act 1979, s.50As above
Possession of Class A drugMisuse of Drugs Act 1971, s.5(2)1971 c. 38
Failure to disclose knowledge or suspicion of money launderingDrug Trafficking Offences Act 1986, s.26B1986 c. 32
Tipping off in relation to money laundering investigationsDrug Trafficking Offences Act 1986, s.26CAs above
Assaults on officers saving wrecksOffences against the Person Act 1861, s.371861 c. 100
Attempting to injure or alarm the SovereignTreason Act 1842, s.21842 c. 51
Assisting illegal entry or harbouring personsImmigration Act 1971, s.251971 c. 77
Administering poison with intent to injure etc.Offences against the Person Act 1861, s.241861 c. 100
Neglecting to provide food for or assaulting servants etc.Offences against the Person Act 1861, s.26As above
Setting spring guns with intent to inflict grievous bodily harmOffences against the Person Act 1861, s.31As above
Supplying instrument etc. to cause miscarriageOffences against the Person Act 1861, s.59As above
Failure to disclose information about terrorismTerrorism Act 2000, s.192000 c. 11
Circumcision of femalesProhibition of Female Circumcision Act 1985, s.11985 c. 38
Breaking or injuring submarine telegraph cablesSubmarine Telegraph Act 1885, s.31885 c. 49
Failing to keep dogs under proper control resulting in injuryDangerous Dogs Act 1991, s.31991 c. 65
Making gunpowder etc. to commit offencesOffences against the Person Act 1861, s.641861 c. 100
Stirring up racial hatredPublic Order Act 1986, ss.18-231986 c. 64
Class D: Sexual offences and offences against children
Administering drugs to obtain intercourseSexual Offences Act 1956, s.41956 c. 69
Procurement of a defectiveSexual Offences Act 1956, s.9As above
Incest other than by man with a girl under 13Sexual Offences Act 1956, s.10, 11As above
Gross indecency between male of 21 or over and male under 16Sexual Offences Act 1956, s.13As above
Indecent assault on a womanSexual Offences Act 1956, s.14As above
Indecent assault on a manSexual Offences Act 1956, s.15As above
Abuse of position of trustSexual Offences (Amendment) Act 2000, s.32000 c. 44
Man living on earnings of prostitutionSexual Offences Act 1956, s.301956 c. 69
Woman exercising control over prostituteSexual Offences Act 1956, s.31As above
Living on earnings of male prostitutionSexual Offences Act 1967, s.51967 c. 60
Incitement to commit incestCriminal Law Act 1977, s.541977 c. 45
Ill-treatment of persons of unsound mindMental Health Act 1983, s.1271983 c. 20
Abduction of unmarried girl under 18 from parentSexual Offences Act 1956, s.191956 c. 69
Abduction of defective from parentSexual Offences Act 1956, s.21As above
Procuration of girl under 21Sexual Offences Act 1956, s.23As above
Permitting defective to use premises for intercourseSexual Offences Act 1956, s.27As above
Causing or encouraging prostitution of defectiveSexual Offences Act 1956, s.29As above
Sexual assaultSexual Offences Act 2003, s.32003 c. 42
Causing sexual activity without penetrationSexual Offences Act 2003, s.4As above
Engaging in sexual activity in the presence of a childSexual Offences Act 2003, s.11As above
Causing a child to watch a sexual actSexual Offences Act 2003, s.12As above
Child sex offence committed by person under 18Sexual Offences Act 2003, s.13As above
Meeting child following sexual groomingSexual Offences Act 2003, s.15As above
Abuse of trust: sexual activity with a childSexual Offences Act 2003, s.16As above
Abuse of position of trust: causing a child to engage in sexual activitySexual Offences Act 2003, s.17As above
Abuse of trust: sexual activity in the presence of a childSexual Offences Act 2003, s.18As above
Abuse of position of trust: causing a child to watch sexual activitySexual Offences Act 2003, s.19As above
Engaging in sexual activity in the presence of a person with a mental disorderSexual Offences Act 2003, s.32As above
Causing a person with a mental disorder to watch a sexual actSexual Offences Act 2003, s.33As above
Engaging in sexual activity in the presence of a person with a mental disorderSexual Offences Act 2003, s.36As above
Causing a person with a mental disorder to watch a sexual actSexual Offences Act 2003, s.37As above
Care workers: sexual activity in presence of a person with a mental disorderSexual Offences Act 2003, s.40As above
Care workers: causing a person with a mental disorder to watch a sexual actSexual Offences Act 2003, s.41As above
Causing or inciting prostitution for gainSexual Offences Act 2003, s.52As above
Controlling prostitution for gainSexual Offences Act 2003, s.53As above
Administering a substance with intentSexual Offences Act 2003, s.61As above
Committing offence with intent to commit sexual offenceSexual Offences Act 2003, s.62As above
Trespass with intent to commit sexual offenceSexual Offences Act 2003, s.63As above
Sex with adult relativeSexual Offences Act 2003, ss.64,65As above
ExposureSexual Offences Act 2003, s.66As above
VoyeurismSexual Offences Act 2003, s.67As above
Intercourse with an animalSexual Offences Act 2003, s.69As above
Sexual penetration of a corpseSexual Offences Act 2003, s.70As above
Class E: Burglary etc.
Burglary (domestic)Theft Act 1968, s.9(3)(a)1968 c. 60
Going equipped to stealTheft Act 1968, s.25As above
Burglary (non-domestic)Theft Act 1968, s.9(3)(b)As above
Classes F G and K: Other offences of dishonesty
The following offences are always in Class F
Destruction of registers of birth etc.Forgery Act 1861, s.361861 c. 98
Making false entries in copies of registers sent to the registrarForgery Act 1861, s.37As above
Possession (with intention) of false identity documentsIdentity Cards Act 2006, s.25(1)2006 c. 15
Possession (with intention) of apparatus or material for making false identity documentsIdentity Cards Act 2006, s.25(3)As above
Possession (without reasonable excuse) of false identity documents or apparatus or material for making false identity documentsIdentity Cards Act 2006, s.25(5)As above
The following offences are always in Class G
Undischarged bankrupt being concerned in a companyInsolvency Act 1986, s.3601986 c. 45
Counterfeiting notes and coinsForgery and Counterfeiting Act 1981, s.141981 c. 45
Passing counterfeit notes and coinsForgery and Counterfeiting Act 1981, s.15As above
Offences involving custody or control of counterfeit notes and coinsForgery and Counterfeiting Act 1981, s.16As above
Making, custody or control of counterfeiting materials etc.Forgery and Counterfeiting Act 1981, s.175As above
Illegal importation: counterfeit notes or coinsCustoms and Excise Management Act 1979, s.501979 c. 2
Fraudulent evasion: counterfeit notes or coinsCustoms and Excise Management Act 1979, s.170(2)(b),(c)As above
The following offences are in Class G if the value involved exceeds £30,000, Class K if the value exceeds £100,000 and in Class F otherwise
VAT offencesValue Added Tax Act 1994, s.72(1) to (8)1994 c. 23
Fraudulent evasion of dutyCustoms and Excise Management Act 1979, s.170(1)(b)1979 c. 2
TheftTheft Act 1968, s.11968 c. 60
Removal of articles from places open to the publicTheft Act 1968, s.11As above
Abstraction of electricityTheft Act 1968, s.13As above
Obtaining property by deceptionTheft Act 1968, s.15As above
Obtaining pecuniary advantage by deceptionTheft Act 1968, s.16As above
False accountingTheft Act 1968, s.17As above
Handling stolen goodsTheft Act 1968, s.22As above
Obtaining services by deceptionTheft Act 1978, s.11978 c. 31
Evasion of liability by deceptionTheft Act 1978, s.2As above
Illegal importation: not elsewhere specifiedCustoms and Excise Management Act 1979, s.501979 c. 2
Counterfeiting Customs documentsCustoms and Excise Management Act 1979, s.168As above
Fraudulent evasion: not elsewhere specifiedCustoms and Excise Management Act 1979, s.170(2)(b),(c)As above
ForgeryForgery and Counterfeiting Act 1981, s.11981 c. 45
Copying false instrument with intentForgery and Counterfeiting Act 1981, s.2As above
Using a false instrumentForgery and Counterfeiting Act 1981, s.3As above
Using a copy of a false instrumentForgery and Counterfeiting Act 1981, s.4As above
Custody of control of false instruments etc.Forgery and Counterfeiting Act 1981, s.5As above
Offences in relation to dies or stampsStamp Duties Management Act 1891, s.131891 c. 38
Counterfeiting of dies or marksHallmarking Act 1973, s.61973 c. 43
Fraud by false representationFraud Act 2006, s.22006 c. 35
Fraud by failing to disclose informationFraud Act 2006, s.3As above
Fraud by abuse of positionFraud Act 2006, s.4As above
Possession etc. of article for use in fraudsFraud Act 2006, s.6As above
Making or supplying articles for use in fraudsFraud Act 2006, s.7As above
Participation in fraudulent business carried on by a sole trader etc.Fraud Act 2006, s.9As above
Obtaining services dishonestlyFraud Act 2006, s.11As above
Class H: Miscellaneous other offences
Breach of a sexual harm prevention order or interim sexual harm prevention order Sexual Offences Act 2003, s.103I [F285 or Sentencing Code, s.354]2003 c. 42
Breach of a sexual risk order or interim sexual risk order Sexual Offences Act 2003, s.122HAs above
Breach of a criminal behaviour order Anti-social Behaviour, Crime and Policing Act 2014, s.302014 c. 12
Racially aggravated public order offenceCrime and Disorder Act 1998, s.31(1)As above
Racially aggravated harassment/putting another in fear of violenceCrime and Disorder Act 1998, s.32(1)As above
Having an article with a blade or point in a public place [F286Criminal Justice Act 1988, s. 139]1988 c. 33
Breach of harassment injunctionProtection from Harassment Act 1997, s.3(6)1997 c. 40
Putting people in fear of violenceProtection from Harassment Act 1997, s.4(1)As above
Breach of restraining order [F287Sentencing Code, s.363(1)]As above
Being drunk on an aircraftAir Navigation Order 2005, article 75SI 2005/1970
Possession of offensive weaponPrevention of Crime Act 1953, s.11953 c. 14
AffrayPublic Order Act 1986, s.31986 c. 64
Assault with intent to resist arrestOffences against the Person Act 1861, s.381861 c. 100
Unlawful eviction and harassment of occupierProtection from Eviction Act 1977, s.11977 c. 43
Obscene articles intended for publication for gainObscene Publications Act 1964, s.11964 c. 74
Gross indecency between males (other than where one is 21 or over and the other is under 16)Sexual Offences Act 1956, s.131956 c. 69
Solicitation for immoral purposesSexual Offences Act 1956, s.32As above
Buggery of males of 16 or over otherwise than in privateSexual Offences Act 1956, s.12As above
Acts outraging public decencyCommon law
Offences of publication of obscene matterObscene Publications Act 1959, s.21959 c. 66
Keeping a disorderly houseCommon law: Disorderly Houses Act 1751, s.81751 c. 36
Indecent displayIndecent Displays (Control) Act 1981, s.11981 c. 42
Presentation of obscene performanceTheatres Act 1968, s.21968 c. 54
Procurement of intercourse by threats etc.Sexual Offences Act 1956, s.21956 c. 69
Causing prostitution of womenSexual Offences Act 1956, s.22As above
Detention of woman in brothel or other premisesSexual Offences Act 1956, s.24As above
Procurement of a woman by false pretencesSexual Offences Act 1956, s.3As above
Procuring others to commit homosexual actsSexual Offences Act 1967, s.41967 c. 60
Trade description offences (9 offences)Trade Descriptions Act 1968, ss.1, 8, 9, 12, 13, 141968 c. 29
Misconduct endangering ship or persons on board shipMerchant Shipping Act 1970, s.271970 c. 36
Obstructing engine or carriage on railwayMalicious Damage Act 1861, s.361861 c. 97
Offences relating to the safe custody of controlled drugsMisuse of Drugs Act 1971, s.111971 c. 38
Possession of Class B or Class C drugMisuse of Drugs Act 1971, s.5(2)As above
Wanton or furious drivingOffences against the Person Act 1861, s.351861 c. 100
Dangerous drivingRoad Traffic Act 1988, s.21988 c. 52
Forgery and misuse of driving documentsPublic Passenger Vehicles Act 1981, s.651981 c. 14
Forgery of driving documentsRoad Traffic Act 1960, s.2331960 c. 16
Forgery etc. of licences and other documentsRoad Traffic Act 1988, s.1731988 c. 52
Mishandling or falsifying parking documents etc.Road Traffic Regulation Act 1984, s.1151984 c. 27
Aggravated vehicle takingTheft Act 1968, s.12A1968 c. 60
Forgery, alteration, fraud of licences etc.Vehicle Excise and Registration Act 1994, s.441994 c. 22
Making off without paymentTheft Act 1978, s.31978 c. 31
Agreeing to indemnify suretiesBail Act 1976, s.9(1)1976 c. 63
Sending prohibited articles by postPost Office Act 1953, s.111953 c. 36
Impersonating Customs OfficerCustoms and Excise Management Act 1979, s.131979 c. 2
Obstructing Customs OfficerCustoms and Excise Management Act 1979, s.16As above
Class I: Offences against public justice and similar offences
Conspiring to commit offences outside the United KingdomCriminal Justice (Terrorism and Conspiracy) Act 1998, s.51998 c. 40
Perverting the course of public justiceCommon Law
Perjuries (7 offences)Perjury Act 1911, ss.1 to 7(2)1911 c. 6
Corrupt transactions with agentsPrevention of Corruption Act 1906, s.11906 c. 34
Corruption in public officePublic Bodies Corrupt Practices Act 1889, s.11889 c. 69
EmbraceryCommon law
Offences of bribing another personBribery Act 2010, s.12010 c. 23
Offences relating to being bribedBribery Act 2010, s.2As above
Bribery of foreign public officialsBribery Act 1010 s.6As above
Fabrication of evidence with intent to mislead a tribunalCommon law
Personation of jurorsCommon law
Concealing an arrestable offenceCriminal Law Act 1967, s.51967 c. 58
Assisting offendersCriminal Law Act 1967, s.4(1)As above
F288. . .F288. . .F288. . .
Personating for purposes of bail etc.Forgery Act 1861, s.341861 c. 98
Intimidating a witness, juror etc.Criminal Justice and Public Order Act 1994, s.51(1)1994 c. 33
Harming, threatening to harm a witness, juror etc.Criminal Justice and Public Order Act 1994, s.51(2)As above
Prejudicing a drug trafficking investigationDrug Trafficking Act 1994, s.58(1)1994 c. 37
Giving false statements to procure cremationCremation Act 1902, s.8(2)1902 c. 8
False statement tendered under section 9 of the Criminal Justice Act 1967Criminal Justice Act 1967, s.891967 c. 80
Making a false statement to obtain interim possession orderCriminal Justice and Public Order Act 1994, s.75(1)1994 c. 33
Making false statement to resist making of interim possession orderCriminal Justice and Public Order Act 1994, s.75(2)As above
False statement tendered under section 5B of the Magistrates' Courts Act 1980Magistrates' Courts Act 1980, s.1061980 c. 43
Making false statements to authorised officerTrade Descriptions Act 1968, s. 29(2)1968 c. 29
Class J: Serious sexual offences
RapeSexual Offences Act 1956, s.1(1)1956 c. 69
Sexual intercourse with girl under 13Sexual Offences Act 1956, s.5As above
Sexual intercourse with girl under 16Sexual Offences Act 1956, s.6As above
Sexual intercourse with defectiveSexual Offences Act 1956, s.7As above
Incest by man with a girl under 13Sexual Offences Act 1956, s.10As above
Buggery of person under 16Sexual Offences Act 1956, s.12As above
Indecency with children under 14Indecency with Children Act 1960, s.1(1)1960 c. 33
Taking, having etc. indecent photographs of childrenProtection of Children Act 1978, s.11978 c. 37
Assault with intent to commit buggerySexual Offences Act 1956, s.161956 c. 69
Abduction of woman by forceSexual Offences Act 1956, s.17As above
Permitting girl under 13 to use premises for sexual intercourseSexual Offences Act 1956, s.25As above
Allowing or procuring child under 16 to go abroad to performChildren and Young Persons Act 1933, ss.25, 261933 c. 12
Sexual intercourse with patientsMental Health Act 1959, s.1281959 c. 72
Abduction of unmarried girl under 16 from parentSexual Offences Act 1956, s.201956 c. 69
Permitting girl under 16 to use premises for intercourseSexual Offences Act 1956, s.26As above
Causing or encouraging prostitution of girl under 16Sexual Offences Act 1956, s.28As above
RapeSexual Offences Act 2003, s.12003 c. 42
Assault by penetrationSexual Offences Act 2003, s.2As above
Causing sexual activity with penetrationSexual Offences Act 2003, s.4As above
Rape of child under 13Sexual Offences Act 2003, s.5As above
Assault of child under 13 by penetrationSexual Offences Act 2003, s.6As above
Sexual assault of child under 13Sexual Offences Act 2003, s.7As above
Causing a child under 13 to engage in sexual activitySexual Offences Act 2003, s.8As above
Sexual activity with a childSexual Offences Act 2003, s.9As above
Causing a child to engage in sexual activitySexual Offences Act 2003, s.10As above
Arranging child sex offenceSexual Offences Act 2003, s.14As above
Sexual activity with a child family member, with penetrationSexual Offences Act 2003, s.25As above
Inciting a child family member to engage in sexual activitySexual Offences Act 2003, s.26As above
Sexual activity with a person with a mental disorderSexual Offences Act 2003, s.30As above
Causing or inciting a person with a mental disorder to engage in sexual activitySexual Offences Act 2003, s.31As above
Offering inducement to procure sexual activity with a person with a mental disorderSexual Offences Act 2003, s.34As above
Inducing person with mental disorder to engage in sexual activitySexual Offences Act 2003, s.35As above
Care workers: sexual activity with a person with a mental disorderSexual Offences Act 2003, s.38As above
Care workers: inciting person with mental disorder to engage in sexual actSexual Offences Act 2003, s.39As above
Paying for sexual services of a childSexual Offences Act 2003, s.47As above
Causing or inciting [F289sexual exploitation of a child]Sexual Offences Act 2003, s.48As above
Controlling a child [F290in relation to sexual exploitation]Sexual Offences Act 2003, s.49As above
[F291Arranging or facilitating sexual exploitation of a child]Sexual Offences Act 2003, s.50As above
Trafficking into UK for sexual exploitationSexual Offences Act 2003, s.57As above
Trafficking within UK for sexual exploitationSexual Offences Act 2003, s.58As above
Trafficking out of UK for sexual exploitationSexual Offences Act 2003, s.59As above
Trafficking people for sexual exploitation Sexual Offences Act 2003, s.59AAs above
Class K: Other offences of dishonesty (high value)
Class K offences are listed under Classes F and G]

Textual Amendments

Regulation 6

SCHEDULE 3E+WProceedings in the Court of Appeal

General ProvisionsE+W

1.—(1) The provisions of this Schedule apply to proceedings in the Court of Appeal.

(2) In determining fees the appropriate officer must, subject to the provisions of this Schedule—

(a)take into account all the relevant circumstances of the case including the nature, importance, complexity or difficulty of the work and the time involved; and

(b)allow a reasonable amount in respect of all work actually and reasonably done.

Claims for fees and disbursements by litigatorsE+W

2.—(1) Subject to regulation 31, no claim by a litigator for fees and disbursements in respect of work done in proceedings in the Court of Appeal pursuant to a section 16 determination must be entertained unless the litigator submits it within three months of the conclusion of the proceedings to which it relates.

(2) Subject to sub-paragraph (3), a claim for fees in proceedings in the Court of Appeal must be submitted to the appropriate officer in such form and manner as the appropriate officer may direct and must be accompanied by the representation order and any receipts or other documents in support of any disbursement claimed.

(3) A claim must—

(a)summarise the items of work done by a fee earner in respect of which fees are claimed according to the classes specified in paragraph 3(1);

(b)state, where appropriate, the dates on which the items of work were done, the time taken, the sums claimed and whether the work was done for more than one assisted person;

(c)specify, where appropriate, the level of fee earner who undertook each of the items of work claimed;

(d)give particulars of any work done in relation to more than one indictment or a retrial; and

(e)specify any disbursements claimed, the circumstances in which they were incurred and the amounts claimed in respect of them.

(4) Where the litigator claims that paragraph 8(1) applies in relation to an item of work, the litigator must give full particulars in support of the claim.

(5) The litigator must specify any special circumstances which the litigator considers should be drawn to the attention of the appropriate officer.

(6) The litigator must supply such further information and documents as the appropriate officer may require.

(7) Where a retrospective section 16 determination has been made under regulations made under section 19 of the Act in respect of any proceedings where an appellant has been successful on appeal and granted a defendant's costs order under section 16(4) of the Prosecution of Offences Act 1985 M28 (defence costs), the litigator must certify that no claim for fees incurred before the retrospective section 16 determination was made has been or will be made from central funds in relation to that work.

Marginal Citations

Determination of litigators' feesE+W

3.—(1) The appropriate officer may allow work done in the following classes by fee earners—

(a)preparation, including taking instructions, interviewing witnesses, ascertaining the prosecution case, advising on plea and mode of trial, preparing and perusing documents, dealing with letters and telephone calls which are not routine, preparing for advocacy, instructing an advocate and expert witnesses, conferences, consultations, views and work done in connection with advice on appeal;

(b)advocacy, including applications for bail and other applications to the court;

(c)attending at court where an advocate is assigned, including conferences with the advocate at court;

(d)travelling and waiting; and

(e)writing routine letters and dealing with routine telephone calls.

(2) The appropriate officer must consider the claim, any further information or documents submitted by the fee earner under paragraph 2 and any other relevant information and must allow—

(a)such work as appears to the appropriate officer to have been reasonably done pursuant to the section 16 determination (including any representation or advice which is deemed to be work done pursuant to that determination) by a fee earner, classifying such work according to the classes specified in sub-paragraph (1) as the appropriate officer considers appropriate; and

(b)such time in each class of work allowed by him (other than routine letters written and routine telephone calls) as the appropriate officer considers reasonable.

(3) The fees allowed in accordance with this Schedule are those appropriate to such of the following grades of litigator as the appropriate officer considers reasonable—

(a)senior solicitor;

(b)solicitor, legal executive or fee earner of equivalent experience; or

(c)trainee or fee earner of equivalent experience.

Determination of litigators' disbursementsE+W

4.  The appropriate officer must allow such disbursements claimed under paragraph 2 as appear to the appropriate officer to have been reasonably incurred, provided that—

(a)if they are abnormally large by reason of the distance of the court or the assisted person's residence or both from the litigator's place of business, the appropriate officer may limit reimbursement of the disbursements to what otherwise would, having regard to all the circumstances, be a reasonable amount; and

(b)the cost of a transcript, or any part thereof, of the proceedings in the court from which the appeal lies obtained otherwise than through the registrar must not be allowed except where the appropriate officer considers that it is reasonable in all the circumstances for such disbursement to be allowed.

Claims for fees by advocatesE+W

5.—(1) Subject to regulation 31, a claim by an advocate for fees for work done in proceedings in the Court of Appeal pursuant to a section 16 determination must not be entertained unless the advocate submits it within three months of the conclusion of the proceedings to which the section 16 determination relates.

(2) Where the advocate claims that paragraph 9(4) applies in relation to an item of work the advocate must give full particulars in support of his claim.

(3) Subject to sub-paragraph (4), a claim for fees by an advocate in proceedings in the Court of Appeal must be submitted to the appropriate officer in such form and manner as the appropriate officer may direct.

(4) A claim must—

(a)summarise the items of work done by an advocate in respect of which fees are claimed according to the classes specified in paragraph 6(2);

(b)state, where appropriate, the dates on which the items of work were done, the time taken, the sums claimed and whether the work was done for more than one assisted person; and

(c)give particulars of any work done in relation to more than one indictment or a retrial.

(5) The advocate must specify any special circumstances which the advocate considers should be drawn to the attention of the appropriate officer.

(6) The advocate must supply such further information and documents as the appropriate officer may require.

Determination of advocates' feesE+W

6.—(1) The appropriate officer must consider the claim, any further particulars and information submitted by an advocate under paragraph 5 and any other relevant information and must allow such work as appears to the appropriate officer to have been reasonably done.

(2) The appropriate officer may allow any of the following classes of fee to an advocate in respect of work allowed by him under this paragraph—

(a)a basic fee for preparation including preparation for a pre-trial review and, where appropriate, the first day's hearing including, where they took place on that day, short conferences, consultations, applications and appearances (including bail applications), views and any other preparation;

(b)a refresher fee for any day or part of a day during which a hearing continued, including, where they took place on that day, short conferences, consultations, applications and appearances (including bail applications), views at the scene of the alleged offence and any other preparation;

(c)subsidiary fees for—

(i)attendance at conferences, consultations and views at the scene of the alleged offence not covered by paragraph (a) or (b);

(ii)written advice on evidence, plea or appeal or other written work; and

(iii)attendance at pre-trial reviews, applications and appearances (including bail applications and adjournments for sentence) not covered by paragraph (a) or (b).

(3) Where a section 16 determination provides for representation by—

(a)a single advocate other than a QC; or

(b)two advocates other than QC,

and a QC agrees to appear as the single advocate or as a leading junior, that QC must be treated for all the purposes of this Schedule as having been instructed pursuant to that section 16 determination, and the remuneration of the QC must be determined as if the advocate were not a QC.

Litigators' fees for proceedings in the Court of AppealE+W

7.—(1) For proceedings in the Court of Appeal the appropriate officer must allow fees for work by litigators at the following prescribed rates—

[F292Class of workGrade of fee earnerRateVariations
PreparationSenior solicitor£55.61 per hour£58.50 per hour for a litigator whose office is situated within the City of London or a London borough
Solicitor, legal executive or fee earner of equivalent experience£47.22 per hour£49.59 per hour for a litigator whose office is situated within the City of London or a London borough
Trainee or fee earner of equivalent experience£31.22 per hour£35.68 per hour for a litigator whose office is situated within the City of London or a London borough
AdvocacySenior Solicitor£67.16 per hour
Solicitor£58.77 per hour
Attendance at court where more than one representative assignedSenior Solicitor£44.33 per hour
Solicitor, legal executive or fee earner of equivalent experience£35.68 per hour
Trainee or fee earner of equivalent experience£21.52 per hour
Travelling and waitingSenior Solicitor£25.97 per hour
Solicitor, legal executive or fee earner of equivalent experience£25.97 per hour
Trainee or fee earner of equivalent experience£13.12 per hour
Routine letters written and routine telephone calls£3.62 per item£3.78 per item for a litigator whose office is situated within the City of London or a London borough]

(2) In respect of any item of work, the appropriate officer may allow fees at less than the relevant prescribed rate specified in the table following sub-paragraph (1) where it appears to the appropriate officer reasonable to do so having regard to the competence and despatch with which the work was done.

Textual Amendments

Allowance of litigators' fees at more than the prescribed rateE+W

8.—(1) Upon a determination of fees the appropriate officer may, subject to the provisions of this paragraph, allow fees at more than the relevant prescribed rate specified in paragraph 7 for preparation, advocacy, attendance at court where more than one representative is assigned, routine letters written and routine telephone calls, in respect of offences in Class A, B, C, D, G, I, J or K in the [F293LGFS Table of Offences].

(2) The appropriate officer may allow fees at more than the prescribed rate where it appears to the appropriate officer, taking into account all the relevant circumstances of the case, that—

(a)the work was done with exceptional competence, skill or expertise;

(b)the work was done with exceptional despatch; or

(c)the case involved exceptional complexity or other exceptional circumstances.

(3) Paragraph 3 of Schedule 1 applies to litigators in respect of proceedings in the Court of Appeal as it applies to advocates.

(4) Where the appropriate officer considers that any item or class of work should be allowed at more than the prescribed rate, the appropriate officer must apply to that item or class of work a percentage enhancement in accordance with the following provisions of this paragraph.

(5) In determining the percentage by which fees should be enhanced above the prescribed rate the appropriate officer may have regard to—

(a)the degree of responsibility accepted by the fee earner;

(b)the care, speed and economy with which the case was prepared; and

(c)the novelty, weight and complexity of the case.

(6) The percentage above the relevant prescribed rate by which fees for work may be enhanced must not exceed 100%.

(7) The appropriate officer may have regard to the generality of proceedings to which these Regulations apply in determining what is exceptional within the meaning of this paragraph.

Textual Amendments

Advocates' fees for proceedings in the Court of AppealE+W

9.—(1) Subject to sub-paragraph 9(4), for proceedings in the Court of Appeal the appropriate officer must allow fees for work by advocates at the following prescribed rates—

[F294Junior Counsel

Type of proceedingsBasic feeFull day refresherSubsidiary fees
Attendance at consultation, conferences and viewsWritten workAttendance at pre-trial reviews, applications and other appearances
All appeals

Maximum amount:

£626.75 per case

Maximum amount:

£205.56 per day

£38.53 per hour, minimum amount:

£19.26

Maximum amount:

£66.99 per item

Maximum amount:

£126.50 per appearance]

[F295QC

Type of proceedingsBasic feeFull day refresherSubsidiary fees
Attendance at consultation, conferences and viewsWritten workAttendance at pre-trial reviews, applications and other appearances
All appeals

Maximum amount:

£6,210 per case

Maximum amount:

£380.08 per day

£71.88 per hour, minimum amount:

£36.80

Maximum amount:

£137.43 per item

Maximum amount: £296.13 per appearance]

(2) Where an hourly rate is specified in the table following sub-paragraph (1), the appropriate officer must determine any fee for such work in accordance with that hourly rate, provided that the fee determined must not be less than the minimum amount specified.

(3) Where a refresher fee is claimed in respect of less than a full day, the appropriate officer must allow such fee as appears to the appropriate officer reasonable having regard to the fee which would be allowable for a full day.

(4) Where it appears to the appropriate officer, taking into account all the relevant circumstances of the case, that owing to the exceptional circumstances of the case the amount payable by way of fees in accordance with the table following sub-paragraph (1) would not provide reasonable remuneration for some or all of the work the appropriate officer has allowed, the appropriate officer may allow such amounts as appear to the appropriate officer to be reasonable remuneration for the relevant work.

Textual Amendments

Payment of feesE+W

10.—(1) Having determined the fees payable to a representative in accordance with the terms of this Schedule, the appropriate officer must notify the representative of the fees payable and authorise payment accordingly.

(2) Where, as a result of any redetermination or appeal made or brought pursuant to paragraph 11, the fees payable under paragraph (1) are altered—

(a)if they are increased, the appropriate officer must authorise payment of the increase; and

(b)if they are decreased, the representative must repay the amount of such decrease.

(3) Where the payment of any fees of the representative is ordered under regulation 29(12) or regulation 30(8), the appropriate officer must authorise payment.

Redeterminations and appealsE+W

11.—(1) Where a representative is dissatisfied with—

(a)the fees determined in accordance with the provisions of this Schedule; or

(b)the decision of the appropriate officer under paragraph 3(3) of Schedule 1,

he may apply to the appropriate officer to redetermine those fees or reclassify the offence, in accordance with the provisions of regulation 28(3) to (9).

(2) Where—

(a)a representative has made an application to the appropriate officer under sub-paragraph (1); and

(b)the appropriate officer has given his reasons for a decision under regulation 28(7),

a representative who is dissatisfied with that decision may appeal to a Costs Judge, in accordance with the provisions of regulation 29(2) to (14).

(3) A representative who is dissatisfied with the decision of a Costs Judge on an appeal under sub-paragraph (2) may apply to a Costs Judge to certify a point of principle of general importance, and the provisions of regulation 30(2) to (8) apply.

Regulation 8

SCHEDULE 4E+WRates payable for the claims specified in Regulation 8

Interpretation of this ScheduleE+W

[F2961.  In this Schedule—

(a) unless the context otherwise requires, words and expressions have the same meaning as in the [F2972022 Standard Crime Contract], and

(b) “the 2014 Act” means the Anti-social Behaviour, Crime and Policing Act 2014.]

Textual Amendments

Work conducted at the Police station: Police Station advice and assistance.E+W

2.—(1) The Fixed Fee for Police Station Telephone Advice is—

(a)[F298£33.00] per claim in London; and

(b)[F299£31.74] per claim outside London (“National”)

(2) The Criminal Defence Direct Fixed Acceptance Fee is [F300£8.40] per Matter.

(3) The hourly rates for Police Station attendance (for recording time and to determine whether the Escape Fee Threshold has been reached) are specified in the table following this sub-paragraph.

[F301LondonNational
Police Station attendance hourly rates
Own or Duty Solicitor£58.97£54.57
Duty Solicitor (Unsocial Hours)£72.46£72.46
Duty Solicitor – serious offence rate£68.21£62.96
Duty Solicitor – serious offence rate (Unsocial Hours)£83.95£83.95
Travel and waiting hourly rates
Own Solicitor£30.22£30.22
Duty Solicitor£58.97£54.57
Duty Solicitor (Unsocial Hours)£72.46£72.46]

(4) The table following sub-paragraph (8) sets out—

(a)the Police Station Attendance Fixed Fees; and

(b)the Escape Fee Thresholds applicable to Police Station attendance.

(5) The figures in columns 3 and 4 of the table following sub-paragraph (8) apply to attendance at a police station listed as being within the corresponding Scheme referred to in column 2.

(6) Where attendance is at a place where an interviewing Constable is present, and that place is not a police station listed as being within a Scheme, the relevant Scheme in column 2 is—

(a)the Scheme within which the police station at which the interviewing Constable is normally based is listed; or

(b)where the interviewing Constable is not normally based at a police station listed as being within a Scheme, the Scheme within which the police station nearest to the place of attendance is listed.

(7) Where attendance is at a place where a Services Person is assisting with an investigation by Services Police, the relevant Scheme in column 2 is the Scheme within which the police station nearest to the place of attendance is listed.

(8) In sub-paragraphs (5), (6) and (7), “listed” means listed in the table set out in Annex A to the [F3022022 Standard Crime Contract] Guidance for reporting crime lower work M29.

[F303Police Station Attendance – Fixed Fees and Escape Fee Thresholds

Criminal Justice System AreaSchemeFixed Fee (£)Escape Threshold (£)
ClevelandHartlepool223.52588.99
Teeside223.52588.99
DurhamDarlington223.52588.99
South Durham223.52588.99
Durham223.52588.99
Derwentside223.52588.99
Easington223.52588.99
NorthumbriaSouth East Northumberland223.52588.99
Newcastle upon Tyne223.52588.99
Gateshead223.52588.99
North Tyneside223.52588.99
South Tyneside223.52588.99
Sunderland / Houghton Le Spring223.52588.99
Berwick & Alnwick223.52588.99
Tynedale & Hexham223.52588.99
Avon & SomersetAvon North & Thornbury223.52588.99
Bath223.52588.99
Mendip & South Somerset249.17747.52
Bristol223.52588.99
Sedgemore / Taunton Deane223.52588.99
Weston-Super-Mare223.52588.99
DorsetCentral Dorset223.52588.99
Bournemouth & Christchurch223.52588.99
Poole East Dorset223.52588.99
Bridport / West Dorset223.52588.99
WiltshireSalisbury223.52588.99
Chippenham / Trowbridge223.52588.99
Swindon223.52588.99
GloucestershireCheltenham223.52588.99
Gloucester223.52588.99
Stroud223.52588.99
Devon & CornwallBarnstaple223.52588.99
Exeter223.52588.99
Plymouth223.52588.99
East Cornwall228.77776.99
Carrick / Kerrier (Camborne) / Penwith223.52588.99
Teignbridge / Torbay223.52588.99
StaffordshireStoke on Trent / Leek223.52588.99
Stafford / Cannock & Rugeley223.52588.99
Lichfield & Tamworth / Burton Upon Trent / Uttoxeter223.52588.99
WarwickshireLeamington / Nuneaton / Rugby223.52588.99
West MerciaHereford / Leominster223.52588.99
Kidderminster / Redditch228.63685.88
Shrewsbury223.52588.99
Telford223.52588.99
Worcester223.52588.99
West MidlandsSandwell223.52588.99
Wolverhampton & Seisdon223.52588.99
Dudley & Halesowen223.52588.99
Walsall223.52588.99
Birmingham223.52588.99
Solihull223.52588.99
Coventry223.52588.99
Dyfed PowysAmman Valley223.52588.99
Carmarthen East Dyfed232.21696.61
Llanelli223.52588.99
Brecon & Radnor233.99701.97
Mid Wales223.52588.99
North Ceredigion / South Ceredigion234.88704.64
Pembrokeshire223.52588.99
GwentEast Gwent223.52588.99
Newport223.52588.99
Lower Rhymney Valley / North Bedwellty / South Bedwellty223.52588.99
North WalesBangor & Caernarfon223.52588.99
Colwyn Bay223.52588.99
Denbighshire223.52588.99
Dolgellau223.52588.99
Mold & Hawarden223.52588.99
North Anglesey226.85680.54
Pwllheli223.52588.99
Wrexham223.52588.99
South WalesCardiff223.52588.99
Vale of Glamorgan239.35718.06
Cynon Valley223.52588.99
Mid Glamorgan & Miskin223.52588.99
Merthyr Tydfil223.52588.99
Port Talbot251.85852.01
Newcastle & Ogmore223.52588.99
Neath223.52588.99
Swansea223.52588.99
MerseysideBootle & Crosby223.52588.99
Southport223.52588.99
Liverpool223.52588.99
St Helens223.52588.99
Knowsley223.52588.99
Wirral223.52588.99
CheshireCrewe & Nantwich / Sandbach & Congleton / Macclesfield223.52588.99
Warrington / Halton223.52588.99
Chester / Vale Royal (Northwich)223.52588.99
CumbriaBarrow In Furness223.52588.99
Kendal & Windermere223.52588.99
Penrith / Carlisle223.52588.99
Whitehaven / Workington223.52588.99
Greater ManchesterManchester223.52588.99
Stockport223.52588.99
Trafford223.52588.99
Salford223.52588.99
Bolton223.52588.99
Bury223.52588.99
Wigan223.52588.99
Rochdale / Middleton223.52588.99
Tameside223.52588.99
Oldham223.52588.99
LancashireBurnley / Rossendale223.52588.99
Blackburn / Accrington / Ribble Valley223.52588.99
Blackpool223.52588.99
Fleetwood223.52588.99
Lancaster223.52588.99
Chorley / Ormskirk / South Ribble & Leyland223.52588.99
Preston223.52588.99
KentDartford & Gravesend267.93803.78
Ashford & Tenterden / Dover / Folkestone236.11801.10
Medway235.77707.32
Swale279.53838.60
Maidstone & West Malling249.17747.52
Canterbury / Thanet223.52588.99
West Kent (Tonbridge)239.35718.06
SurreyGuildford & Farnham223.52588.99
North West Surrey (Woking)225.62766.26
South East Surrey238.21809.13
Epsom241.36819.87
Staines277.04937.73
SussexBrighton & Hove & Lewes223.52588.99
Chichester & District223.52588.99
Crawley / Horsham262.57787.69
Hastings223.52588.99
Worthing223.52588.99
Eastbourne223.52588.99
DerbyshireEast Derbyshire (Ripley) / Ilkeston237.56712.68
Ashbourne / Matlock / High Peak (Buxton)223.52588.99
Chesterfield223.52588.99
Derby / Swadlincote223.52588.99
LeicestershireAshby & Coalville / Loughborough / Melton Mowbray223.52588.99
Leicester223.52588.99
Hinckley / Market Harborough232.21696.61
LincolnshireBoston / Bourne / Stamford223.52588.99
Skegness223.52588.99
Lincoln / Gainsborough223.52588.99
Grantham & Sleaford223.52588.99
NottinghamshireMansfield223.52588.99
Newark223.52588.99
Nottingham223.52588.99
Worksop & East Retford223.52588.99
NorthamptonshireCorby (Kettering) / Wellingborough223.52588.99
Northampton223.52588.99
BedfordshireBedford223.52588.99
Luton223.52588.99
CambridgeshireCambridge223.52588.99
Ely223.52588.99
Huntingdon223.52588.99
March & Wisbech223.52588.99
Peterborough223.52588.99
EssexBasildon223.52588.99
Brentwood286.48972.58
Braintree228.77774.32
Clacton & Harwich / Colchester223.52588.99
Grays267.59908.27
Harlow & Loughton267.59908.27
Stansted295.931,004.72
Rayleigh / Southend On Sea223.52588.99
Chelmsford / Witham223.52588.99
HertfordshireDacorum (Hemel Hempstead)241.36817.16
Bishop's Stortford / East Hertfordshire292.78993.99
Stevenage & North Hertfordshire271.79921.68
St Albans246.61807.59
Watford242.41822.54
NorfolkCromer & North Walsham223.52588.99
Great Yarmouth223.52588.99
Kings Lynn & West Norfolk223.52588.99
Norwich & District223.52588.99
Diss / Thetford223.52588.99
Dereham227.71771.64
SuffolkLowestoft / Beccles & Halesworth / Aldeburgh223.52588.99
Felixstowe / Ipswich & District / Woodbridge223.52588.99
Sudbury & Hadleigh / Bury St Edmunds / Haverhill / Newmarket223.52588.99
Thames ValleyAbingdon, Didcot & Witney (South Oxfordshire)240.30814.49
Aylesbury228.63685.88
High Wycombe & Amersham223.52588.99
Milton Keynes223.52588.99
Bicester / North Oxon (Banbury)223.52588.99
Oxford223.52588.99
Reading223.52588.99
Slough (East Berkshire)240.30814.49
West Berkshire (Newbury Etc)223.52588.99
HampshireAldershot / Petersfield (North East Hampshire)229.82779.67
Andover / Basingstoke / Winchester (NW Hants)242.03726.09
Isle Of Wight223.52588.99
Portsmouth / Waterlooville (South East Hampshire)223.52588.99
Gosport & Fareham247.38742.14
Southampton (South West Hampshire)228.63685.88
HumbersideGrimsby & Cleethorpes223.52588.99
Scunthorpe223.52588.99
Hull223.52588.99
Beverley / Bridlington223.52588.99
Goole223.52588.99
North YorkshireNorthallerton & Richmond223.52588.99
Harrogate & Ripon223.52588.99
Skipton, Settle & Ingleton223.52588.99
Scarborough / Whitby223.52588.99
Malton & Ryedale223.52588.99
York / Selby223.52588.99
South YorkshireBarnsley223.52588.99
Doncaster223.52588.99
Rotherham223.52588.99
Sheffield223.52588.99
West YorkshireHalifax223.52588.99
Huddersfield223.52588.99
Dewsbury223.52588.99
Bradford223.52588.99
Keighley & Bingley223.52588.99
Leeds223.52588.99
Pontefract & Castleford223.52588.99
Wakefield223.52588.99
LondonBarking264.45852.79
Bexley264.45852.79
Bishopsgate269.69913.62
Brent264.45852.79
Brentford264.45852.79
Bromley264.45852.79
Camberwell Green264.45852.79
Central London272.84924.35
Clerkenwell/Hampstead264.45852.79
Croydon264.45852.79
Ealing264.45852.79
Enfield264.45852.79
Greenwich/Woolwich264.45852.79
Haringey264.45852.79
Harrow264.45852.79
Havering264.45852.79
Heathrow315.861,071.72
Hendon/Barnet264.45852.79
Highbury Corner264.45852.79
Kingston-Upon-Thames264.45852.79
Newham264.45852.79
Old Street264.45852.79
Redbridge264.45852.79
Richmond-Upon-Thames277.04937.73
South London264.45852.79
Sutton264.45852.79
Thames264.45852.79
Tower Bridge267.59908.27
Uxbridge264.45852.79
Waltham Forest264.45852.79
West London270.74918.97
Wimbledon264.45852.79]

Textual Amendments

Marginal Citations

M29A copy of the guidance is available at www.justice.gov.uk/legal-aid/submit-claim/cwa-online-claims/codes-guidance. Copies can be inspected at the Legal Aid Agency (Head Office), 102 Petty France, London, SW1H 9AJ.

[F304Police station attendance: travel fee for the purposes of attendance at a Destination Police StationE+W

2A.—(1) The fees listed in the table following sub-paragraph (2) are payable in addition to any other fee which is payable under this Schedule.

(2) The hourly rates for travel for the purposes of attendance to which sub-paragraph (3) applies are specified in the table following this sub-paragraph.

Travel hourly rates

Hourly rate (£)
Own Solicitor30.22
Duty Solicitor54.57
Duty Solicitor (Unsocial Hours)72.46

(3) This sub-paragraph applies to attendance at a Destination Police Station by an Attending Duty Scheme Solicitor or an Attending Own Solicitor.

(4) Destination Duty Schemes and Attending Duty Schemes for the purposes of this paragraph are specified in the table following this sub-paragraph.

Travel Scheme Table

Destination Duty SchemeAttending Duty Scheme
SkegnessSkegness
Lincoln
Boston
North & North East Lincolnshire
BarnstapleBarnstaple
Exeter
Bridgwater (Weston-Super-Mare / Sedgemoor / Taunton Deane combined)
East Cornwall
Plymouth
Berwick & AlnwickBerwick & Alnwick
South East Northumberland
Tynedale & Hexham
DolgellauDolgellau
Anglesey, Bangor & Caernarfon
North Ceredigion / South Ceredigion
Newtown (Mid Wales)
Pwllheli
Denbighshire
Colwyn Bay
Wrexham
NewarkNewark
Mansfield
Worksop & East Retford
Nottingham
Loughborough
Grantham
Lincoln
Isle of WightIsle of Wight
Portsmouth / Waterlooville (South East Hampshire)
South West Hants (Southampton)

(5) In this paragraph—

“Destination Police Station” means a police station listed in the Police Station Table as being within a Duty Scheme listed in column 1 of the Travel Scheme Table.

In relation to a particular Destination Police Station—

(a)

the “Destination Duty Scheme” is the Duty Scheme listed in the Police Station Table as including that Destination Police Station;

(b)

an “Attending Duty Scheme” is a Duty Scheme listed in column 2 of the Travel Scheme Table as corresponding to the Destination Duty Scheme;

(c)

an “Attending Duty Scheme Solicitor” is a Duty Solicitor who is a member of an Attending Duty Scheme;

(d)

an “Attending Own Solicitor” is an Own Solicitor whose Office(s) are situated within the area covered by an Attending Duty Scheme (as set out in the October 2021 version of the Duty Solicitor Postcode Tool);

“the Police Station Table” is the table set out in Annex A to version 16 (December 2023) of the 2022 Standard Crime Contract Guidance for reporting crime lower work;

“the Travel Scheme Table” is the table following sub-paragraph (4).]

Textual Amendments

Work conducted outside the Police StationE+W

3.—(1) The fixed amounts and hourly rates for free standing Advice and Assistance conducted outside the Police Station are specified in the table following this sub-paragraph and this Unit of Work is subject to an Upper Limit of [F305£314.81].

[F306Free standing Advice and Assistance

London (£)National (£)
Routine letters written and routine telephone calls per item4.043.89
Preparation hourly rate52.1549.22
Travel and waiting hourly rate27.6027.6]

(2) The fixed amounts and hourly rates for Advocacy Assistance on a warrant of further detention are specified in Tables A and B following this sub-paragraph and this Unit of Work is subject to an Upper Limit of [F307£1,574.06].

[F308Table A

Advocacy Assistance on a warrant of further detention – magistrates’ court or judicial authority

London (£)National (£)
Routine letters written and telephone calls (per item)
Own Solicitor and Duty Solicitor4.043.89
Duty Solicitor (Unsocial Hours)5.355.14
Preparation hourly rate
Own Solicitor and Duty Solicitor52.1549.22
Duty Solicitor (Unsocial Hours)69.5865.58
Advocacy hourly rate
Own Solicitor and Duty Solicitor61.9261.92
Duty Solicitor (Unsocial Hours)82.5482.54
Travel and waiting hourly rate
Own Solicitor and Duty Solicitor27.6027.60
Duty Solicitor (Unsocial Hours)36.7836.78

Table B

Advocacy Assistance on a warrant of further detention – High Court or a senior judge

London (£)National (£)
Routine letter out per item7.877.87
Routine telephone calls per item4.364.36
All other preparation work hourly rate83.4278.71
Attending counsel in conference or at the trial or hearing of any summons or application at court or other appointment, hourly rate38.8238.82
Attending without counsel at the trial or hearing of any cause or the hearing of any summons or application at court, or other appointment, hourly rate78.7178.71
Travelling and waiting, hourly rate34.8934.89]

(3) The fixed amounts and hourly rates for Advocacy Assistance in armed forces custody hearings are specified in the table following this sub-paragraph and this Unit of Work is subject to an Upper Limit of [F309£1,574.06].

[F310Advocacy Assistance for armed forces custody hearings

London (£)National (£)
Routine letters written and telephone calls (per item)
Own Solicitor and Duty Solicitor4.043.89
Duty Solicitor (Unsocial Hours)5.355.14
Preparation hourly rate
Own Solicitor and Duty Solicitor52.1549.22
Duty Solicitor (Unsocial Hours)69.5865.58
Advocacy hourly rate
Own Solicitor and Duty Solicitor61.9261.92
Duty Solicitor (Unsocial Hours)82.5482.54
Travel and waiting hourly rate
Own Solicitor and Duty Solicitor27.6027.60
Duty Solicitor (Unsocial Hours)36.7836.78]

(4) The fixed amounts and hourly rates for Advocacy Assistance in [F311magistrates’ courts in connection with an application relating to police bail] are specified in the table following this sub-paragraph and this Unit of Work is subject to an Upper Limit of [F312£1,574.06].

[F313Advocacy Assistance in magistrates’ courts in connection with an application relating to police bail

London (£)National (£)
Routine letters written and telephone calls per item4.264.09
Preparation hourly rate55.1452.15
Advocacy hourly rate65.4265.42
Travelling and waiting hourly rate27.6027.60]

Textual Amendments

[F314Advice and Assistance for Pre-Charge EngagementE+W

3A.—(1) The hourly rates for advice and assistance for Pre-Charge Engagement are—

(a)[F315£58.97] in London;

(b)[F316£54.57] outside London.

(2) This Unit of Work is subject to an Upper Limit of [F317£314.81].]

Textual Amendments

Advice and Assistance and Advocacy Assistance by a court Duty Solicitor and Advocacy Assistance at the virtual courtE+W

4.—(1) The hourly rates for Advice and Assistance and Advocacy Assistance by a court Duty Solicitor are specified in the table following this sub-paragraph.

[F318Advice and Assistance and Advocacy Assistance by a court Duty Solicitor

London (£)National (£)
Standard hourly rate (attendance and waiting at a magistrates’ court)57.8756.51
Enhanced hourly rate (only payable in respect of work done on a day which is not a Business Day)72.3070.62

Travelling hourly rate (only payable where the Duty Solicitor is called out (including being called to return) to the court from the Office or attends on a day that is not a Business Day.

Reasonable travel expenses may also be claimed (where relevant)).

27.6027.60]

(2) The Fixed Fees for Advocacy Assistance at the Virtual Court are specified in the table following this sub-paragraph.

[F319Advocacy Assistance at the Virtual Court

London (£)National (£)
Virtual Court Fixed Fee where the hearing is held during Business Hours209.88157.41
Virtual Court Fixed Fee where the hearing is held during Unsocial hours251.85188.89]

Textual Amendments

Representation in the Magistrates' CourtE+W

5.—[F320(A1) This paragraph does not apply where paragraph 5A [F321or paragraph 5B] applies.]

(1) The fixed amounts and hourly rates [F322for representation in a magistrates’ court F323...] for—

(a)recording time and to determine whether the Lower or Higher Standard Fee Limit has been reached; and

(b)claiming costs in cases which fall outside the Standard Fee payment scheme,

are specified in the table following this sub-paragraph.

[F324Representation in a magistrates’ court

All Areas
Routine letters written and telephone calls per item£4.09
Preparation hourly rate£52.15
Advocacy hourly rate (including applications for bail and other applications to the court)£65.42
Hourly rate for attendance at court where Counsel is assigned (including conferences with Counsel at court)£35.68
Travelling and waiting hourly rate (only claimable where the undesignated area fees apply)£27.60]

(2) The table following this sub-paragraph sets out the fees and fee limits for the Standard Fee payment scheme for representation in a magistrates' court [F325(except where paragraph 5A [F326or paragraph 5B] applies)].

[F327Higher and Lower Standard Fees Table

Lower Standard Fee (£)Lower Standard Fee Limit (£)Higher Standard Fee (£)Higher Standard Fee Limit (£)
Designated Area Standard Fees
Category 1A286.02313.19542.58542.63
Category 1B232.53313.19500.99542.63
Category 2397.14538.02831.85896.59
Undesignated Area Standard Fees
Category 1A223.88313.19474.15542.63
Category 1B182.01313.19437.81542.63
Category 2321.37538.02737.08896.59]

(3) In the table following sub-paragraph (2)—

(a)the reference to “Category 1A” cases is a reference to the following proceedings [F328other than proceedings referred to in paragraph (c)]—

(i)either way guilty pleas [F329(other than in proceedings referred to in paragraph (b)(vii))];

[F330(ia)guilty pleas in proceedings for low-value shoplifting as defined in section 22A(3) of the Magistrates’ Court Act 1980 (low-value shoplifting);]

F331(ii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(iii)proceedings F332...relating to either way offences [F333(other than proceedings referred to in paragraph (b)(vii))] [F334or proceedings referred to in sub-paragraph (ia)] which are discontinued or withdrawn or where the prosecution offer no evidence; F335...

(iv)proceedings F332... relating to either way offences [F336(other than proceedings referred to in paragraph (b)(vii))] [F337or proceedings referred to in sub-paragraph (ia)] which result in a bind over; [F338and]

[F339(v)proceedings arising out of a deferment of sentence (including any subsequent sentence hearing) under Chapter 1 of Part 2 of the Sentencing Code relating to—

(aa)either way offences (other than proceedings referred to in paragraph (b)(vii)); or

(bb)low-value shoplifting as defined in section 22A(3) of the Magistrates’ Court Act 1980 (low-value shoplifting to be a summary offence);]

(b)the reference to “Category 1B” cases is a reference to the following proceedings [F340(other than proceedings referred to in paragraph (a)(ia) [F341or paragraph (c)])]—

(i)summary only guilty pleas;

(ii)uncontested proceedings arising out of a breach of an order of a magistrates' courts (including proceedings in a magistrates' court relating to a breach of a Crown Court community rehabilitation order, community punishment order or suspended sentence);

(iii)proceedings F342... relating to summary offences which are discontinued or withdrawn or where the prosecution offer no evidence;

(iv)proceedings F342... relating to summary offences which result in a bind over;

(v)proceedings arising out of a deferment of sentence (including any subsequent sentence hearing) under [F343Chapter 1 of Part 2 of the Sentencing [F344Code relating to summary offences (other than low-value shoplifting as defined in section 22A(3) of the Magistrates’ Court Act 1980 (low-value shoplifting to be a summary offence))]];

(vi)proceedings prescribed under regulation 9 of the Criminal Legal Aid (General) Regulations 2013 M30, except where the case was listed and fully prepared for a contested hearing to decide whether an order should be made; F345...

(vii)proceedings relating to either way offences which must be tried in a magistrates' court in accordance with section 22 of the Magistrates' Courts Act 1980 M31;

(c)the reference to “Category 2” cases is a reference to—

(i)contested trials;

(ii)proceedings which were listed and fully prepared for trial in a magistrates' court but are disposed of by a guilty plea on the day of trial before the opening of the prosecution case;

(iii)proceedings which were listed and fully prepared for trial in a magistrates' court but are discontinued or withdrawn or where the prosecution offers no evidence or which result in a bind over on the day of trial before the opening of the prosecution case;

(iv)contested proceedings relating to a breach of an order of a magistrates' court (including proceedings relating to a breach of a Crown Court community rehabilitation order, community punishment order or suspended sentence);

(v)proceedings where mixed pleas are entered; and

(vi)proceedings prescribed under regulation 9 of the Criminal Legal Aid (General) Regulations 2013 where the case was listed and fully prepared for a contested hearing to decide whether an order should be made; and

F346(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) The fees payable to Assigned Counsel for representation in a magistrates' court are subject to the limits specified in the table following paragraph 12.

F347(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F348(6) The fixed fee payable to a litigator in respect of a case sent for trial to the Crown Court is [F349£208.61].]

Textual Amendments

F330Sch. 4 para. 5(3)(a)(ia) inserted (with application in accordance with reg. 4(3) of the amending S.I.) by The Civil and Criminal Legal Aid (Remuneration) (Amendment) Regulations 2015 (S.I. 2015/325), regs. 1, 3(6)(c)(i)

F332Words in Sch. 4 para. 5(3)(a)(iii)(iv) omitted (5.10.2015) by virtue of The Civil and Criminal Legal Aid (Amendment) (No.2) Regulations 2015 (S.I. 2015/1678), regs. 1(2)(a), 5(13)(b)(i) (with reg. 10(1))

F342Words in Sch. 4 para. 5(3)(b)(iii)(iv) omitted (5.10.2015) by virtue of The Civil and Criminal Legal Aid (Amendment) (No.2) Regulations 2015 (S.I. 2015/1678), regs. 1(2)(a), 5(13)(b)(i) (with reg. 10(1))

F343Words in Sch. 4 para. 5(3)(b)(v) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 416 (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2

Marginal Citations

[F350Representation in proceedings relating to an injunction under Part 1 of the 2014 Act or related parenting order in any courtE+W

5A.—(1) This paragraph applies to proceedings prescribed as criminal proceedings under section 14(h) of the Act (other than an appeal) relating to—

(a)an injunction under Part 1 of the 2014 Act; or

(b)a parenting order under section 8(1)(b) of the Crime and Disorder Act 1998 where an injunction is granted under Part 1 of the 2014 Act.

(2) The fixed amounts and hourly rates for—

(a)determining whether the lower or higher fee limit has been reached, and

(b)claiming costs in cases which fall outside the fixed fee limits, are specified in the table following this sub-paragraph.

[F351Representation in proceedings relating to an injunction under Part 1 of the 2014 Act or related parenting order in any court

All Areas
Routine letters written and telephone calls per item£4.09
Preparation hourly rate£52.15
Advocacy hourly rate (including applications for bail and other applications to the court)£65.42
Hourly rate for attendance at court where Counsel is assigned (including conferences with Counsel at court)£35.68]

(3) The table following this sub-paragraph sets out the fees and fee limits for representation in any court.

[F352Higher and Lower Fees Table

Lower fee (£)Lower fee limit (£)Higher fee (£)Higher fee limit (£)
Uncontested182.01313.19437.81542.63
Contested321.37538.02737.08896.59]

(4) The hourly rate for travelling and waiting in any court is [F353£27.60].]

Textual Amendments

[F354Representation in the youth courtE+W

5B.—(1) Subject to sub-paragraph (2), this paragraph applies to—

(a)proceedings in the youth court;

(b)subject to sub-paragraph (3), proceedings in a magistrates’ court which is not a youth court—

(i)to which sections 46(1)(a), (b) or (c) of the 1933 Act (assignment of certain matters to youth courts) apply; or

(ii)to which section 18 of the Children and Young Persons Act 1963 (jurisdiction of magistrates’ courts in certain cases involving children and young persons) applies; and

(c)proceedings relating to bail or remand—

(i)which fall within the jurisdiction conferred on the youth court; and

(ii)are heard in a magistrates’ court which is not a youth court.

(2) This paragraph does not apply where paragraph 5A applies.

(3) (a) This paragraph does not apply to claims for fees by a litigator who is acting in proceedings referred to in sub-paragraph (1)(b), where the condition in paragraph (b) of this sub-paragraph is met.

(b)The condition is that if the charge were brought solely against the assisted person(s)—

(i)the proceedings would not fall within the jurisdiction conferred on the youth court;

(ii)section 46(1) of the 1933 Act (assignment of certain matters to youth courts) would not apply to the proceedings; and

(iii)section 18 of the Child and Young Persons Act 1963 (jurisdiction of magistrates’ courts in certain cases involving children and young persons) would not apply to the proceedings.

(4) The fixed amounts and hourly rates for representation in proceedings to which this paragraph applies for—

(a)recording time and to determine whether the Lower or Higher Standard Fee Limit has been reached; and

(b)claiming costs in cases which fall outside the Standard Fee payment schemes,

are specified in the table following this sub-paragraph.

Representation in the youth court

All Areas (£)
Routine letter written and telephone calls per item4.09
Preparation hourly rate52.15
Advocacy hourly rate (including applications for bail and other applications to the court)65.42
Hourly rate for attendance at court where Counsel is assigned (including conferences with Counsel at court)35.68
Travelling and waiting hourly rate (only claimable where the undesignated area fees apply)27.60
Additional fee for cases which fall outside the Standard Fee payment schemes (only claimable in cases falling under Category 1A or 2A in the table following sub-paragraph (5))598.59

(5) The fees and fee limits for the Standard Fee payment scheme for representation in proceedings to which this paragraph applies are specified in the table following this sub-paragraph.

Higher and Lower Standard Fees table

Lower Standard Fee (£)Lower Standard Fee Limit (£)Higher Standard Fee (£)Higher Standard Fee Limit (£)
Designated Area Standard Fees
Category 1A884.61313.191,141.17542.63
Category 1B232.53313.19500.99542.63
Category 2A995.73538.021,430.44896.59
Category 2B397.14538.02831.85896.59
Undesignated Area Standard Fees
Category 1A822.47313.191,072.74542.63
Category 1B182.01313.19437.81542.63
Category 2A919.96538.021,335.67896.59
Category 2B321.37538.02737.08896.59

(6) In the table following sub-paragraph (5)—

(a)the reference to “Category 1A” cases is a reference to the following proceedings (other than proceedings referred to in paragraph (c))—

(i)guilty pleas in proceedings relating to—

(aa)indictable only offences;

(bb)either way offences (other than proceedings referred to in paragraph (b)(vii)); or

(cc)low-value shoplifting as defined in section 22A(3) of the 1980 Act (low-value shoplifting to be a summary offence);

(ii)proceedings relating to—

(aa)indictable only offences;

(bb)either way offences (other than proceedings referred to in paragraph (b)(vii)); or

(cc)low-value shoplifting as defined in section 22A(3) of the 1980 Act (low-value shoplifting to be a summary offence),

which are discontinued or withdrawn or where the prosecution offers no evidence;

(iii)proceedings relating to—

(aa)indictable only offences;

(bb)either way offences (other than proceedings referred to in paragraph (b)(vii)); or

(cc)low-value shoplifting as defined in section 22A(3) of the 1980 Act (low-value shoplifting to be a summary offence),

which result in a bind over; and

(iv)proceedings arising out of a deferment of sentence (including any subsequent sentence hearing) under Chapter 1 of Part 2 of the Sentencing Code relating to—

(aa)indictable only offences;

(bb)either way offences (other than proceedings referred to in paragraph (b)(vii)); or

(cc)low-value shoplifting as defined in section 22A(3) of the 1980 Act (low-value shoplifting to be a summary offence);

(b)the reference to “Category 1B” cases is a reference to the following proceedings (other than proceedings referred to in paragraph (d))—

(i)summary only guilty pleas (other than proceedings referred to in paragraph (a)(i)(cc));

(ii)uncontested proceedings arising out of a breach of an order of a magistrates’ court;

(iii)proceedings relating to summary offences which are discontinued or withdrawn or where the prosecution offers no evidence (other than proceedings referred to in paragraph (a)(ii)(cc));

(iv)proceedings relating to summary offences which result in a bind over (other than proceedings referred to in paragraph (a)(iii)(cc));

(v)proceedings arising out of a deferment of sentence (including any subsequent sentence hearing) under Chapter 1 of Part 2 of the Sentencing Code relating to summary offences (other than proceedings referred to in paragraph (a)(iv)(cc));

(vi)proceedings prescribed under regulation 9 of the Criminal Legal Aid (General) Regulations 2013, except where the case was listed and fully prepared for a contested hearing to decide whether an order should be made; and

(vii)proceedings relating to either way offences which must be tried summarily in accordance with section 22 of the 1980 Act (certain offences triable either way to be tried summarily if value involved is small);

(c)the reference to “Category 2A” cases is a reference to the following proceedings —

(i)contested trials relating to—

(aa)indictable only offences;

(bb)either way offences (other than proceedings referred to in paragraph (b)(vii)); or

(cc)low value shoplifting as defined in section 22A(3) of the 1980 Act (low-value shoplifting to be a summary offence);

(ii)proceedings relating to—

(aa)indictable only offences;

(bb)either way offences (other than proceedings referred to in paragraph (b)(vii)); or

(cc)low value shoplifting as defined in section 22A(3) of the 1980 Act (low-value shoplifting to be a summary offence),

which were listed and fully prepared for trial but disposed of by a guilty plea on the day of trial before the opening of the prosecution case;

(iii)proceedings relating to—

(aa)indictable only offences;

(bb)either way offences (other than proceedings referred to in paragraph (b)(vii)); or

(cc)low value shoplifting as defined in section 22A(3) of the 1980 Act (low-value shoplifting to be a summary offence),

which were listed and fully prepared for trial in the magistrates’ court but are discontinued or withdrawn or where the prosecution offers no evidence or which result in a bind over on the day of trial before the opening of the prosecution case; and

(iv)proceedings relating to—

(aa)indictable only offences;

(bb)either way offences (other than proceedings referred to in paragraph (b)(vii)); or

(cc)low value shoplifting as defined in section 22A(3) of the 1980 Act (low-value shoplifting to be a summary offence),

where mixed pleas are entered;

(d)the reference to “Category 2B” cases is a reference to—

(i)contested trials relating to—

(aa)summary offences (other than proceedings referred to in paragraph (c)(i)(cc)); or

(bb)either way offences which must be tried summarily in accordance with section 22 of the 1980 Act (certain offences triable either way to be tried summarily if value involved is small);

(ii)proceedings relating to—

(aa)summary offences (other than proceedings referred to in paragraph (c)(ii)(cc)); or

(bb)either way offences which must be tried summarily in accordance with section 22 of the 1980 Act (certain offences triable either way to be tried summarily if value involved is small),

which were listed and fully prepared for trial in a magistrates’ court but are disposed of by a guilty plea on the day of the trial before the opening of the prosecution case;

(iii)proceedings relating to—

(aa)summary offences (other than proceedings referred to in paragraph (c)(iii)(cc)); or

(bb)either way offences which must be tried summarily in accordance with section 22 of the 1980 Act (certain offences triable either way to be tried summarily if value involved is small),

which were listed and fully prepared for trial in the magistrates’ court but are discontinued or withdrawn or where the prosecution offers no evidence or which result in a bind over on the day of trial before the opening of the prosecution case;

(iv)proceedings relating to—

(aa)summary offences (other than proceedings referred to in paragraph (c)(iv)(cc)); or

(bb)either way offences which must be tried summarily in accordance with section 22 of the 1980 Act (certain offences triable either way to be tried summarily if value involved is small),

where mixed pleas are entered;

(v)contested proceedings relating to a breach of an order of a magistrates’ court; and

(vi)proceedings prescribed under regulation 9 of the Criminal Legal Aid (General) Regulations 2013 where the case was listed and fully prepared for a contested hearing to decide whether an order should be made.

(7) The fees payable to Assigned Counsel for representation in the youth court are subject to the limits specified in the table following paragraph 12.

(8) The fixed fee payable to a litigator in respect of a case sent for trial to the Crown Court is £208.61.

(9) In this paragraph—

“the 1933 Act” means the Children and Young Persons Act 1933;

“the 1980 Act” means the Magistrates’ Courts Act 1980;

“youth court” has the same meaning as in section 45(1) (constitution of youth courts) of the 1933 Act.]

Textual Amendments

Own client workE+W

6.—(1) The fixed amounts and hourly rates for Pre-Order Cover, Early Cover and means test form completion are specified in the table following this paragraph.

(2) The amount payable for Pre-Order cover is subject to an Upper Limit of—

(a)[F355£55.14] per claim in London; and

(b)[F355£52.15] per claim outside London (“National”).

(3) The Fixed Fee for Early Cover is [F356£78.71].

(4) The refused means test completion fee is [F357£26.23].

[F358Work undertaken prior to a determination that an individual is not eligible for criminal legal aid

Column headerLondon (£)National (£)
Routine letters written and telephone calls per item4.264.09
Preparation hourly rate55.1452.15
Advocacy (including applications for bail and other applications to the court) hourly rate65.4265.42
Travelling and waiting hourly rate (only applicable where the Undesignated Area fees apply)N/A27.60]

Textual Amendments

Representation in proceedings prescribed as criminal proceedings under section 14(h) of the ActE+W

7.—(1) The fixed amounts and hourly rates for representation in the Crown Court in proceedings prescribed as criminal proceedings under section 14(h) of the Act (other than an appeal from a magistrates' court [F359or where paragraph 5A applies]) are specified in the table following this sub-paragraph and this Unit of Work is subject to an Upper Limit of [F360£1,574.06].

[F361Representation in Prescribed Proceedings in a Crown Court

London (£)National (£)
Routine letters written and telephone calls per item4.264.09
Preparation hourly rate55.1452.15
Advocacy hourly rate65.4265.42
Travelling and waiting hourly rate27.6027.60]

(2) The fixed amounts and hourly rates for representation in the High Court [F362, the family court] or a county court in proceedings prescribed as criminal proceedings under section 14(h) of the Act [F363(except where paragraph 5A or paragraph 10 applies)] are specified in the table following this sub-paragraph [F364and this Unit of Work is subject to an Upper Limit of [F365£1,574.06]].

[F366Representation in Prescribed Proceedings in the High Court, the family court or a county court

London (£)National (£)
Routine letters out per item7.876.92
Routine telephone calls per item4.363.83
All other preparation work hourly rate78.71 (83.42 where Provider’s office is in London)69.26 (73.46 where Provider’s office is in London)
Attending counsel in conference or at the trial or hearing of any summons or application at court or other appointment – hourly rate38.8234.11
Attending without counsel at the trial or hearing of any cause or the hearing of any summons or other application at court or other appointment – hourly rate78.7169.26
Travelling and waiting hourly rate34.8930.65]

(3) The fees payable to Assigned Counsel for representation in the High Court [F367, the family court] or a county court in proceedings prescribed as criminal proceedings under section 14(h) of the Act are subject to the limits specified in the table following paragraph 12.

Textual Amendments

Advice and Assistance on an appeal against conviction or sentence or an application to the Criminal Cases Review CommissionE+W

8.  The fixed amounts and hourly rates for Advice and Assistance on an appeal against conviction or sentence pursuant to a determination made under section 15 of the Act (except where there is a subsisting section 16 determination) or an application to the Criminal Cases Review Commission are specified in the table following this paragraph and are subject to an Upper Limit of—

(a)[F368£314.81] for Advice and Assistance on appeals against conviction or sentence; and

(b)[F369£524.69] for Advice and Assistance on an application to the Criminal Cases Review Commission.

[F370Advice and Assistance on an appeal against conviction or sentence or application to the Criminal Cases Review Commission

London (£)National (£)
Routine letters written and routine telephone calls per item4.043.89
Preparation hourly rate52.1549.22
Travel and waiting hourly rate27.6027.60]

Textual Amendments

Representation on an appeal by way of case statedE+W

9.—(1) The fixed amounts and hourly rates for representation on an appeal by way of case stated are specified in the table following this sub-paragraph.

[F371Representation on an appeal by way of case stated in the High Court

High Court (£)
Routine letters out per item7.87
Routine telephone calls per item4.36
All other preparation work – hourly rate78.71 (83.42 where the Provider’s office is in London)
Attending counsel in conference or at the trial or hearing of any summons or application at court or other appointment – hourly rate38.82
Attending without counsel at the trial or hearing of any cause or the hearing of any summons or other application at court or other appointment – hourly rate78.71
Travel and waiting hourly rate34.89]

(2) The fees payable to Assigned Counsel for representation in the High Court on an appeal by way of case stated are subject to the limits specified in the table following paragraph 12.

Textual Amendments

Representation in the Crown Court on an appeal from a magistrates' court in proceedings prescribed as criminal proceedings under section 14(h) of the ActE+W

10.  The fixed amounts and hourly rates for representation in the Crown Court pursuant to a section 16 determination on an appeal from a magistrates' court in proceedings prescribed as criminal proceedings under section 14(h) of the Act [F372or an appeal to the County Court relating to an injunction under Part 1 of the 2014 Act or a parenting order under section 8(1)(b) of the Crime and Disorder Act 1998 made in connection with an injunction under Part 1 of the 2014 Act] are specified in the table following this paragraph, and this Unit of Work is subject to an Upper Limit of [F373£1,574.06].

[F374London (£)National (£)
Routine letters written and telephone calls per item4.264.09
Preparation hourly rate55.1452.15
Advocacy hourly rate65.4265.42
Travelling and waiting hourly rate27.6027.60]

Textual Amendments

Advice and Assistance provided pursuant to a determination made under section 15 of the Act in Prison Law casesE+W

11.—(1) The Fixed Fee for Advice and Assistance in F375...Sentence Cases, Disciplinary Cases and Parole Board Cases is [F376£200.75] and the Escape Fee Threshold is [F377£602.25].

(2) The fixed amounts and hourly rates for recording time and to determine whether the Escape Fee Threshold has been reached are specified in the table following this sub-paragraph.

[F378Hourly rates for determining whether Escape Fee Threshold reached

All areas (£)
Routine letters written and routine telephone calls per item3.38
Preparation hourly rate42.80
Travel and waiting hourly rate24.00]

(3) The fixed amounts and hourly rates for Advocacy Assistance in Disciplinary Cases [F379and Sentence Cases], for recording time and to determine whether the Lower or Higher Standard Fee is claimable or whether the case is claimable on an non-Standard Fee basis, are specified in the tables following this sub-paragraph.

[F380[F381Hourly rates in Disciplinary Cases and Sentence Cases for determining application of Standard Fees]

All areas (£)
Routine letters written and routine telephone calls per item3.70
Preparation hourly rate51.24
Advocacy hourly rate62.28
Travel and waiting hourly rate24.00

[F382Higher and Lower Standard Fees table for Disciplinary Cases and Sentence Cases]

Lower Standard Fee (£)Lower Standard Fee Limit (£)Higher Standard Fee (£)Higher Standard Fee Limit (£)
203.93357.06564.161,691.69]

(4) The fixed amounts and hourly rates for Advocacy Assistance in Parole Board Cases, for recording time and to determine whether the Lower or Higher Standard Fee is claimable or whether the case is claimable on an non-Standard Fee basis, are specified in the tables following this sub-paragraph.

[F383Hourly rates in Parole Board Cases for determining application of Standard Fees

All areas (£)
Routine letters written and routine telephone calls per item3.70
Preparation hourly rate51.24
Advocacy hourly rate62.28
Travel and waiting hourly rate24.00

Higher and Lower Standard Fees Table for Parole Board Cases

Lower Standard Fee (£)Lower Standard Fee Limit (£)Higher Standard Fee (£)Higher Standard Fee Limit (£)
437.21933.931,454.444,362.54]

Textual Amendments

F375Words in Sch. 4 para. 11(1) omitted (2.12.2013) by virtue of The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2013 (S.I. 2013/2803), regs. 1, 3(6) (with reg. 5(1))

F379Words in Sch. 4 para. 11(3) inserted (21.2.2018) by The Criminal Legal Aid (Amendment) Regulations 2017 (S.I. 2017/1319), regs. 1, 4(2) (with reg. 5)

F381Words in Sch. 4 para. 11(3) table substituted (21.2.2018) by The Criminal Legal Aid (Amendment) Regulations 2017 (S.I. 2017/1319), regs. 1, 4(3) (with reg. 5)

F382Words in Sch. 4 para. 11(3) table substituted (21.2.2018) by The Criminal Legal Aid (Amendment) Regulations 2017 (S.I. 2017/1319), regs. 1, 4(4) (with reg. 5)

Payment for Assigned CounselE+W

12.—(1) This paragraph applies to the fees payable to Assigned Counsel for—

(a)representation in a magistrates' court;

(b)representation in the High Court[F384, the family court] or a county court in proceedings prescribed as criminal proceedings under section 14(h) of the Act; and

(c)representation in the High Court on an appeal by way of case stated.

(2) The fees payable to Assigned Counsel are subject to the limits specified in the table following this paragraph.

[F385Payment for Assigned Counsel

Junior Counsel (£)Queen’s Counsel (£)
Basic fee for preparation, including for a pre-trial review and, where appropriate, the first day’s hearing including, where they took place on that day, short conferences, consultations, applications and appearances (including bail applications, views and any other preparation).Maximum amount 491.05Maximum amount 4,664.40
Refresher daily fee (for any day or part of a day during which a hearing continued, including, where they took place on that day, short conferences, consultations, applications and appearances (including bail applications, views and any other preparation)).Maximum amount 169.05Maximum amount 311.66
Subsidiary fees:
Attendance at consultations, conferences and views not covered by the basic fee or the refresher fee30.69 per hour – minimum amount 15.2457.19 per hour – minimum amount 29.38
Written work (on evidence, plea, appeal, cases stated or other written work).Maximum amount 53.79Maximum amount 110.18
Attendance at pre-trial reviews, applications and other appearances (including bail applications and adjournments for sentence) not covered by the basic fee or the refresher feeMaximum amount 98.65Maximum amount 215.12]

Textual Amendments

Regulation 16

[F386SCHEDULE 5E+WExperts' Fees and Rates

Textual Amendments

ExpertNon-London – hourly rate unless stated to be a fixed feeLondon – hourly rate unless stated to be a fixed fee
A&E consultant£115.92£124.20
Accident reconstruction£82.80£62.56
Accountant£73.60£73.60
Accountant (general staff)£46.00£46.00
Accountant (manager)£99.36£99.36
Accountant (partner)£132.48£132.48
Anaesthetist£124.20£82.80
Architect£91.08£82.80
Back calculations£165.50 fixed fee£173.88 fixed fee
Benefit expert£83£83
Cardiologist£132£83
Cell telephone site analysis£83£83
Child psychiatrist£124£83
Child psychologist£116£83
Computer expert£83£83
Consultant engineer£83£63
Dentist£108£83
Dermatologist£99£83
Disability consultant£63£63
DNA (testing of sample)£289.80 per test£289.80 per test
DNA preparation of report£83£83
Doctor (GP)£91£83
Drug expert£83£83
Employment consultant£63£63
Enquiry agent£29£21
ENT surgeon£116£83
Facial Mapping£124£83
Fingerprint expert£83£43
Fire investigation£83£63
Firearm expert£83£83
Forensic scientist£104£83
General surgeon£124£83
Geneticist£99£83
GP (records report)£57.96 fixed fee£82.80 fixed fee
Gynaecologist£124£83
Haematologist£112£83
Handwriting expert£83£83
Interpreter£32£29
Lip reader/Signer£66£38
Mediator£116£116
Medical consultant£124£83
Medical microbiologist£124£83
Medical Report£91£83
Meteorologist£116£165.60 fixed fee
Midwife£83£83
Neonatologist£124£83
Neurologist£141£83
Neuropsychiatrist£145£83
Neuroradiologist£157£83
Neurosurgeon£157£83
Nursing expert£75£75
Obstetrician£124£83
Occupational therapist£63£63
Oncologist£129£83
Orthopaedic surgeon£132£83
Paediatrician£124£83
Pathologist£141£496.80 fixed fee
Pharmacologist£112.24£82.80
Photographer£29.44£21.16
Physiotherapist£74.52£74.52
Plastic surgeon£124.20£82.80
Process server£29.44£21.16
Psychiatrist£124.20£82.80
Psychologist£107.64£82.80
Radiologist£124.20£82.80
Rheumatologist£124.20£82.80
Risk assessment expert£57.96£57.96
Speech therapist£91.08£82.80
Surgeon£124.20£82.80
Surveyor£46.00£46.00
Telecoms expert£82.80£82.80
Toxicologist£124.20£82.80
Urologist£124.20£82.80
Vet£82.80£82.80
Voice recognition£107.64£82.80]

Regulation 12A

[F387SCHEDULE 6E+WFees in Very High Cost Cases

Textual Amendments

PART 1E+WInterpretation and Application

InterpretationE+W

1.—(1) In this Schedule—

(a)a reference to a level is a reference to that level as defined in the Very High Cost Case contract;

(b)a reference to a category is a reference to that category as defined in that contract;

(c)the standard rates apply to work as described in the Very High Cost Case contract Guide; and

(d)the preliminary hearing, half day and full day rates apply as described in the Very High Cost Case contract Guide.

(2) In this Part—

(a)“Task List” has the meaning given in the Very High Cost Case contract;

(b)“parties” means the representative who has signed the Very High Cost Case contract and the Lord Chancellor.

(3) In Table 2, a junior may be either a barrister or a solicitor-advocate.

ApplicationE+W

2.—(1) This paragraph makes provision in relation to the application of this Schedule to work done in a case which is the subject of a Very High Cost Case contract signed by the parties before 2nd December 2013.

(2) Part 2 of this Schedule applies to work done pursuant to any Task List agreed between the parties before 2nd December 2013.

(3) Subject to sub-paragraph (4), Part 3 of this Schedule applies to work done pursuant to any Task List agreed between the parties on or after 2nd December 2013.

(4) Part 2 of this 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.

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

3.  Part 3 of this Schedule applies to work done in a case which is the subject of a Very High Cost Case contract signed by the parties on or after 2nd December 2013.

[F3884.  Part 4 of this Schedule applies to work done in a case which is the subject of a Very High Cost Case Contract—E+W

(a)signed by the parties on or after 30th September 2022; or

(b)pursuant to any Task List agreed between the parties on or after 30th September 2022.]

Textual Amendments

PART 2E+W

Table 1

Preparation (hourly rates)

Category 1 (£)

Category 2 (£)

Category 3 (£)

Category 4 (£)

Standard Rates (£)

Litigator
Level A145.00113.0091.0091.0055.75
Level B127.00100.0079.0079.0047.25
Level C84.0065.0051.0051.0034.00
Pupil/junior45.0036.0030.0030.00
Barrister
QC145.00113.0091.0091.00
Leading junior127.00100.0079.0079.00
Led junior91.0073.0061.0061.00
Junior alone100.0082.0070.0070.00
2nd Led junior63.0050.0043.0043.00
Solicitor Advocate
Leading level A145.00113.0091.0091.00
Led level A127.00100.0079.0079.00
Leading level B127.00100.0079.0079.00
Led level B104.0086.0066.0066.00
Level A alone131.00109.0088.0088.00
Level B alone113.0095.0075.0075.00
Second advocate63.0050.0043.0043.00

Table 2

Advocacy rates

Preliminary hearing (£)

Half day (£)

Full day (£)

QC113.00238.00476.00
Leading junior86.00195.00390.00
Led junior58.00126.00252.00
Junior alone67.00143.00285.00
2nd Led junior34.0064.00128.00
Noting junior29.0055.00109.00

Table 3

Attendance at court with Advocate (hourly rates for litigators)

£

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

Table 4

Travelling, waiting and mileage

£

Travelling (hourly rates)25.00 (up to a maximum of 4 hours in one day)
Waiting (hourly rates)25.00
Mileage00.45 per mile

PART 3E+W

Table 1

Preparation (hourly rates)

Category 1 (£)

Category 2 (£)

Category 3 (£)

Category 4 (£)

Standard Rates (£)

Litigator
Level A101.5079.1063.7063.7039.03
Level B88.9070.0055.3055.3033.08
Level C58.8045.5035.7035.7024.50
Pupil/junior31.5025.2021.0021.00
Barrister
QC101.5079.1063.7063.70
Leading junior88.9070.0055.3055.30
Led junior63.7051.1042.7042.70
Junior alone70.0057.4049.0049.00
2nd Led junior44.1035.0030.1030.10
Solicitor Advocate
Leading level A101.5079.1063.7063.70
Led level A88.9070.0055.3055.30
Leading level B88.9070.0055.3055.30
Led level B72.8060.2046.2046.20
Level A alone91.7076.3061.6061.60
Level B alone79.1066.5052.5052.50
Second advocate44.1035.0030.1030.10

Table 2

Advocacy rates

Preliminary hearing (£)

Half day (£)

Full day (£)

QC79.10166.60333.20
Leading junior60.20136.50273.00
Led junior40.6088.20176.40
Junior alone46.90100.10199.50
2nd Led junior23.8044.8089.60
Noting junior20.3038.5076.30

Table 3

Attendance at court with Advocate (hourly rates for litigators)

£

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

Table 4

Travelling, waiting and mileage

£

Travelling (hourly rates)25.00 (up to a maximum of 4 hours in one day)
Waiting (hourly rates)25.00
Mileage00.45 per mile]

[F389PART 4E+W

Textual Amendments

Table 1

Preparation (hourly rates)

Category 1 (£)Category 2 (£)Category 3 (£)Category 4 (£)Standard Rates (£)
Litigator
Level A116.7390.9773.2673.2644.88
Level B102.2480.5063.6063.6038.04
Level C67.6252.3341.0641.0628.18
Pupil/Junior36.2328.9824.1524.15
Barrister
QC101.5079.1063.7063.70
Leading junior88.9070.0055.3055.30
Led junior63.7051.1042.7042.70
Junior alone70.0057.4049.0049.00
2nd Led junior44.1035.0030.1030.10
Solicitor Advocate
Leading level A101.5079.1063.7063.70
Led level A88.9070.0055.3055.30
Leading level B88.9070.0055.3055.30
Led level B72.8060.2046.2046.20
Level A alone91.7076.3061.6061.60
Level B alone79.1066.5052.5052.50
Second advocate44.1035.0030.1030.10

Table 2

Advocacy rates

Preliminary hearing (£)Half day (£)Full day (£)
QC79.10166.60333.20
Leading junior60.20136.50273.00
Led junior40.6088.20176.40
Junior alone46.90100.10199.50
2nd Led junior23.8044.8089.60
Noting junior20.3038.5076.30

Table 3

Attendance at court with Advocate (hourly rates for litigators)

£
Level A34.02
Level B27.37
Level C16.50

Table 4

Travelling, waiting and mileage

£
Travelling (hourly rates)28.75 (up to a maximum of 4 hours in one day)
Waiting (hourly rates)28.75
Mileage00.45 per mile]

Explanatory Note

(This note is not part of the Regulations)

These Regulations make provisions for the funding and remuneration of advice, assistance and representation made available under sections 13, 15 and 16 of the Legal Aid Sentencing and Punishment of Offenders Act 2012.

Regulations 4 to 27 deal with the manner in which fees are to be claimed, determined and paid including provisions permitting interim payments and payments for expert services.

Regulations 28 to 30 provide for an appeal mechanism to challenge, in certain circumstances, the appropriate officer's determination of the fees payable to a representative. The provisions deal with the redetermination of fees by an appropriate officer, appeals from the appropriate officer to a Costs Judge and appeals from the Costs Judge to the High Court.

Schedule 1 sets out the graduated fees and fixed fees payable to advocates for proceedings in the Crown Court.

Schedule 2 sets out the fees payable to solicitors (and other appropriately qualified persons) for proceedings in the Crown Court.

Schedule 3 sets out the manner in which fees are to be claimed, determined and paid in proceedings in the Court of Appeal.

Schedule 4 sets out the rates payable for proceedings in a magistrates' court and certain other work to which the 2010 Standard Crime Contract applies.

Schedule 5 sets out the fees and rates payable to experts.

A copy of the 2010 Standard Crime Contract, including the Specification to the Contract, is available at www.justice.gov.uk/legal-aid. Copies can be inspected at the Legal Aid Agency (Head Office), 102 Petty France, London, SW1H 9AJ.

A copy of the Guidance accompanying the 2010 Standard Crime Contract is available at www.justice.gov.uk/legal-aid/submit-claim/cwa-online-claims/codes-guidance. Copies can be inspected at the Legal Aid Agency (address as above).

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Memorandum

Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources

The data on this page is available in the alternative data formats listed: