SCHEDULE 1Advocates' Graduated Fee Scheme

PART 5Fixed Fees

Fees for appeals, committals for sentence and breach hearings

20.

(1)

Subject to sub-paragraphs (4) and (5) 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).