SCHEDULE 1Advocates' Graduated Fee Scheme

PART 5Fixed Fees

Fees for wasted preparation

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the trial advocate has withdrawn from the case with the leave of the court because of the trial advocate's professional code of conduct or to avoid embarrassment in the exercise of the trial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 F1a trial advocate, whether or not F2the trial advocate did the work claimed for.

(5)

F3A 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 F4... advocate was prevented from representing the assisted person and of the number of hours of preparation.

F5(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 F6, and for this purpose “trial” excludes any cross-examination or re-examination to which paragraph 13A(3) of Schedule 1 applies.