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)[F1a] [F2trial] 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 [F2trial] advocate in accordance with Schedule 1; or

(iii)the decision of the appropriate officer under paragraph 3(3) of Schedule 1 F3...; or

(c)a litigator is dissatisfied with—

(i)the [F4determination] 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 F5...,

the advocate, [F2trial] 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;

[F6(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)[F7re-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).

[F8(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

F3Words 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)

F4Word 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)

F5Words 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)