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- Point in Time (30/09/2022)
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Regulation 5
1.—(1) In this Schedule—
“case” means proceedings in the Crown Court against any one assisted person—
on one or more counts of a single indictment;
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
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—
[F1the 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—
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
either—
in respect of one or more counts to which the assisted person pleaded guilty, the assisted person did not so plead at the [F2first hearing at which he or she entered a plea]; or
in respect of one or more counts which did not proceed, the prosecution did not, before or at the [F3first hearing at which the assisted person entered a plea], declare an intention of not proceeding with them; or
the case is listed for trial without a [F4hearing at which the assisted person enters a plea];
“guilty plea” means a case on indictment which—
is disposed of without a trial because the assisted person pleaded guilty to one or more counts; and
is not a cracked trial;
“main hearing” means—
in relation to a case which goes to trial, the trial;
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;
in relation to a cracked trial, the hearing at which—
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
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;
in relation to an appeal against conviction or sentence in the Crown Court, the hearing of the appeal;
in relation to proceedings arising out of a committal for sentence in the Crown Court, the sentencing hearing; and
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 F5... number of pages of prosecution evidence for use in [F6determining] the fee payable to a litigator under this Schedule, as set out in the tables following paragraph 5(1) and (2) [F7;
“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—
witness statements;
documentary and pictorial exhibits;
records of interviews with the assisted person; and
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 F8... 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 [F9sending] 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.
[F10(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
F1Words in Sch. 2 para. 1(1) substituted (5.10.2015) by The Civil and Criminal Legal Aid (Amendment) (No.2) Regulations 2015 (S.I. 2015/1678), regs. 1(2)(a), 5(6)(a)
F2Words in Sch. 2 para. 1(1) substituted (5.10.2015) by The Civil and Criminal Legal Aid (Amendment) (No.2) Regulations 2015 (S.I. 2015/1678), regs. 1(2)(a), 5(6)(b)
F3Words in Sch. 2 para. 1(1) substituted (5.10.2015) by The Civil and Criminal Legal Aid (Amendment) (No.2) Regulations 2015 (S.I. 2015/1678), regs. 1(2)(a), 5(6)(c)
F4Words in Sch. 2 para. 1(1) substituted (5.10.2015) by The Civil and Criminal Legal Aid (Amendment) (No.2) Regulations 2015 (S.I. 2015/1678), regs. 1(2)(a), 5(6)(d)
F5Word 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)
F6Word in Sch. 2 para. 1(1) substituted (1.4.2016) by The Criminal Legal Aid (Remuneration etc.) (Amendment) Regulations 2015 (S.I. 2015/1369), regs. 1(2)(b), 6(7)(b)(ii) (with reg. 2(2)) (as amended by S.I. 2015/2049, reg. 2)
F7Words in Sch. 2 para. 1(1) inserted (17.9.2020) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2020 (S.I. 2020/903), regs. 1(2), 5(2) (with reg. 7)
F8Words in Sch. 2 para. 1(3) 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(7)(a) (with reg. 10(1))
F9Word in Sch. 2 para. 1(6) substituted (5.10.2015) by The Civil and Criminal Legal Aid (Amendment) (No.2) Regulations 2015 (S.I. 2015/1678), regs. 1(2)(a), 5(7)(b) (with reg. 10(1))
F10Sch. 2 para. 1(7) substituted (1.4.2018) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2018 (S.I. 2018/220), regs. 1, 31(2) (with reg. 34)
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 [F11Chapter 1 of Part 2 of the Sentencing Code] (deferment of sentence);
(d)any other post-sentence hearing.
F12(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F13(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 [F14the 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)[F156,000],
the case must be treated as though it had [F156,000] pages of prosecution evidence.
Textual Amendments
F11Words 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
F12Sch. 2 para. 2(2) 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(12)(a)(i) (with reg. 10(1))
F13Sch. 2 para. 2(3) substituted (5.10.2015) by The Civil and Criminal Legal Aid (Amendment) (No.2) Regulations 2015 (S.I. 2015/1678), regs. 1(2)(a), 5(12)(a)(ii) (with reg. 10(1))
F14Words in Sch. 2 para. 2(5) substituted (5.10.2015) by The Civil and Criminal Legal Aid (Amendment) (No.2) Regulations 2015 (S.I. 2015/1678), regs. 1(2)(a), 5(8)(b)
F15Word in Sch. 2 para. 2(7) substituted (1.12.2017) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2017 (S.I. 2017/1019), regs. 1, 2(2) (with reg. 3)
3.—(1) For the purposes of this Schedule—
(a)every indictable offence falls within the Class under which it is listed in the [F16LGFS] 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 M1 (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 M2 (attempting to commit an offence) fall within the same Class as the substantive offence to which they relate;
(c)where the [F16LGFS] 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 [F16LGFS] 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 F17..., the offence falls within Class A, regardless of the Class under which the offence would be listed in the [F16LGFS] 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 [F16LGFS] 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
F16Word in Sch. 2 para. 3 inserted (1.4.2018) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2018 (S.I. 2018/220), regs. 1, 31(3)(a) (with reg. 34)
F17Words in Sch. 2 para. 3(g) omitted (1.4.2018) by virtue of The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2018 (S.I. 2018/220), regs. 1, 31(3)(b) (with reg. 34)
Marginal Citations
[F184.—F19(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
F18Sch. 2 para. 4 substituted (2.10.2014) by The Criminal Legal Aid (Remuneration) (Amendment) (No.2) Regulations 2014 (S.I. 2014/2422), regs. 1(1), 2(7)(a) (with reg. 3)
F19Sch. 2 para. 4(1) omitted (30.9.2022) by virtue of The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2022 (S.I. 2022/848), reg. 1(1), Sch. 2 para. 1 (with reg. 3) (as amended (31.10.2022) by The Criminal Legal Aid (Remuneration) (Amendment) (Amendment) (No. 2) Regulations 2022 (S.I. 2022/1035), regs. 1(1), 2(1)) (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.)
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.
Class of Offence | |||||||||||
---|---|---|---|---|---|---|---|---|---|---|---|
Type of case | A | B | C | D | E | F | G | H | I | J | K |
Cracked trial or guilty plea | 80 | 70 | 40 | 80 | 40 | 50 | 50 | 40 | 40 | 80 | 120 |
(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.
Trial length in days | PPE Cut off | PPE Cut off | PPE Cut off | PPE Cut off | PPE Cut off | PPE Cut off | PPE Cut off | PPE Cut off | PPE Cut off | PPE Cut off | PPE Cut off |
---|---|---|---|---|---|---|---|---|---|---|---|
A | B | C | D | E | F | G | H | I | J | K | |
1 | 80 | 70 | 40 | 80 | 40 | 50 | 50 | 40 | 40 | 80 | 120 |
2 | 80 | 70 | 40 | 80 | 40 | 50 | 50 | 40 | 40 | 80 | 120 |
3 | 95 | 105 | 81 | 95 | 120 | 138 | 138 | 122 | 134 | 95 | 186 |
4 | 126 | 139 | 120 | 126 | 158 | 173 | 173 | 157 | 185 | 126 | 252 |
5 | 156 | 170 | 157 | 156 | 195 | 206 | 206 | 191 | 232 | 156 | 314 |
6 | 186 | 203 | 193 | 186 | 229 | 240 | 240 | 225 | 281 | 186 | 372 |
7 | 218 | 238 | 230 | 218 | 265 | 276 | 276 | 260 | 329 | 218 | 433 |
8 | 257 | 274 | 267 | 257 | 301 | 310 | 310 | 301 | 376 | 257 | 495 |
9 | 293 | 306 | 301 | 293 | 333 | 342 | 342 | 338 | 420 | 293 | 550 |
10 | 330 | 338 | 339 | 330 | 365 | 373 | 373 | 374 | 464 | 330 | 606 |
11 | 367 | 370 | 378 | 367 | 399 | 405 | 405 | 412 | 509 | 367 | 663 |
12 | 404 | 402 | 417 | 404 | 433 | 437 | 437 | 449 | 554 | 404 | 721 |
13 | 440 | 434 | 455 | 440 | 467 | 470 | 470 | 486 | 598 | 440 | 779 |
14 | 477 | 465 | 493 | 477 | 500 | 501 | 501 | 523 | 642 | 477 | 836 |
15 | 514 | 497 | 531 | 514 | 532 | 533 | 533 | 559 | 686 | 514 | 894 |
16 | 551 | 535 | 569 | 551 | 565 | 564 | 564 | 596 | 730 | 551 | 951 |
17 | 587 | 573 | 607 | 587 | 598 | 596 | 596 | 637 | 774 | 587 | 1,007 |
18 | 624 | 611 | 646 | 624 | 646 | 627 | 627 | 687 | 818 | 624 | 1,063 |
19 | 661 | 649 | 684 | 661 | 696 | 659 | 659 | 736 | 862 | 661 | 1,119 |
20 | 697 | 687 | 722 | 697 | 746 | 690 | 690 | 786 | 907 | 697 | 1,174 |
21 | 742 | 722 | 753 | 742 | 787 | 720 | 720 | 826 | 943 | 742 | 1,230 |
22 | 786 | 757 | 785 | 786 | 828 | 752 | 752 | 867 | 980 | 786 | 1,286 |
23 | 830 | 792 | 819 | 830 | 868 | 784 | 784 | 908 | 1,017 | 830 | 1,341 |
24 | 874 | 826 | 857 | 874 | 908 | 816 | 816 | 948 | 1,053 | 874 | 1,396 |
25 | 917 | 860 | 894 | 917 | 948 | 848 | 848 | 988 | 1,088 | 917 | 1,451 |
26 | 961 | 895 | 931 | 961 | 988 | 880 | 880 | 1,028 | 1,124 | 961 | 1,505 |
27 | 1,005 | 935 | 967 | 1,005 | 1,028 | 912 | 912 | 1,068 | 1,160 | 1,005 | 1,560 |
28 | 1,049 | 975 | 1,004 | 1,049 | 1,068 | 944 | 944 | 1,107 | 1,196 | 1,049 | 1,615 |
29 | 1,099 | 1,016 | 1,041 | 1,099 | 1,108 | 976 | 976 | 1,147 | 1,231 | 1,099 | 1,670 |
30 | 1,150 | 1,057 | 1,077 | 1,150 | 1,148 | 1,007 | 1,007 | 1,187 | 1,267 | 1,150 | 1,725 |
31 | 1,200 | 1,098 | 1,114 | 1,200 | 1,188 | 1,039 | 1,039 | 1,226 | 1,303 | 1,200 | 1,780 |
32 | 1,251 | 1,138 | 1,151 | 1,251 | 1,228 | 1,070 | 1,070 | 1,266 | 1,349 | 1,251 | 1,835 |
33 | 1,301 | 1,179 | 1,187 | 1,301 | 1,268 | 1,102 | 1,102 | 1,307 | 1,394 | 1,301 | 1,889 |
34 | 1,352 | 1,220 | 1,224 | 1,352 | 1,308 | 1,133 | 1,133 | 1,357 | 1,439 | 1,352 | 1,944 |
35 | 1,402 | 1,261 | 1,262 | 1,402 | 1,347 | 1,165 | 1,165 | 1,407 | 1,485 | 1,402 | 1,999 |
36 | 1,453 | 1,302 | 1,303 | 1,453 | 1,435 | 1,196 | 1,196 | 1,457 | 1,530 | 1,453 | 2,054 |
37 | 1,503 | 1,348 | 1,345 | 1,503 | 1,526 | 1,228 | 1,228 | 1,507 | 1,575 | 1,503 | 2,109 |
38 | 1,554 | 1,395 | 1,386 | 1,554 | 1,617 | 1,259 | 1,259 | 1,557 | 1,621 | 1,554 | 2,164 |
39 | 1,604 | 1,441 | 1,428 | 1,604 | 1,708 | 1,291 | 1,291 | 1,607 | 1,666 | 1,604 | 2,219 |
40 | 1,652 | 1,484 | 1,444 | 1,652 | 1,745 | 1,314 | 1,314 | 1,629 | 1,704 | 1,652 | 2,271 |
41 | 1,700 | 1,527 | 1,461 | 1,700 | 1,782 | 1,338 | 1,338 | 1,651 | 1,742 | 1,700 | 2,324 |
42 | 1,748 | 1,570 | 1,477 | 1,748 | 1,820 | 1,361 | 1,361 | 1,673 | 1,780 | 1,748 | 2,377 |
43 | 1,796 | 1,613 | 1,494 | 1,796 | 1,857 | 1,384 | 1,384 | 1,695 | 1,818 | 1,796 | 2,430 |
44 | 1,844 | 1,656 | 1,511 | 1,844 | 1,895 | 1,410 | 1,410 | 1,716 | 1,856 | 1,844 | 2,483 |
45 | 1,892 | 1,699 | 1,527 | 1,892 | 1,932 | 1,440 | 1,440 | 1,738 | 1,894 | 1,892 | 2,536 |
46 | 1,939 | 1,742 | 1,544 | 1,939 | 1,970 | 1,470 | 1,470 | 1,760 | 1,932 | 1,939 | 2,589 |
47 | 1,987 | 1,785 | 1,560 | 1,987 | 2,007 | 1,501 | 1,501 | 1,782 | 1,970 | 1,987 | 2,642 |
48 | 2,039 | 1,828 | 1,577 | 2,039 | 2,045 | 1,531 | 1,531 | 1,804 | 2,008 | 2,039 | 2,695 |
49 | 2,091 | 1,871 | 1,594 | 2,091 | 2,082 | 1,561 | 1,561 | 1,826 | 2,046 | 2,091 | 2,749 |
50 | 2,144 | 1,914 | 1,610 | 2,144 | 2,120 | 1,591 | 1,591 | 1,848 | 2,084 | 2,144 | 2,802 |
51 | 2,196 | 1,957 | 1,627 | 2,196 | 2,158 | 1,622 | 1,622 | 1,870 | 2,122 | 2,196 | 2,855 |
52 | 2,249 | 2,000 | 1,644 | 2,249 | 2,195 | 1,652 | 1,652 | 1,892 | 2,160 | 2,249 | 2,908 |
53 | 2,301 | 2,043 | 1,660 | 2,301 | 2,233 | 1,682 | 1,682 | 1,914 | 2,198 | 2,301 | 2,962 |
54 | 2,354 | 2,086 | 1,677 | 2,354 | 2,271 | 1,712 | 1,712 | 1,936 | 2,236 | 2,354 | 3,015 |
55 | 2,406 | 2,129 | 1,694 | 2,406 | 2,308 | 1,743 | 1,743 | 1,958 | 2,275 | 2,406 | 3,068 |
56 | 2,459 | 2,172 | 1,710 | 2,459 | 2,346 | 1,773 | 1,773 | 1,980 | 2,313 | 2,459 | 3,121 |
57 | 2,512 | 2,215 | 1,727 | 2,512 | 2,384 | 1,803 | 1,803 | 2,002 | 2,351 | 2,512 | 3,175 |
58 | 2,564 | 2,258 | 1,744 | 2,564 | 2,422 | 1,833 | 1,833 | 2,024 | 2,389 | 2,564 | 3,228 |
59 | 2,617 | 2,301 | 1,760 | 2,617 | 2,459 | 1,864 | 1,864 | 2,046 | 2,427 | 2,617 | 3,281 |
60 | 2,669 | 2,345 | 1,777 | 2,669 | 2,497 | 1,894 | 1,894 | 2,068 | 2,465 | 2,669 | 3,335 |
61 | 2,722 | 2,388 | 1,794 | 2,722 | 2,535 | 1,924 | 1,924 | 2,090 | 2,503 | 2,722 | 3,388 |
62 | 2,775 | 2,431 | 1,811 | 2,775 | 2,572 | 1,959 | 1,959 | 2,112 | 2,542 | 2,775 | 3,442 |
63 | 2,827 | 2,474 | 1,827 | 2,827 | 2,610 | 2,020 | 2,020 | 2,134 | 2,580 | 2,827 | 3,495 |
64 | 2,880 | 2,517 | 1,844 | 2,880 | 2,648 | 2,081 | 2,081 | 2,156 | 2,618 | 2,880 | 3,549 |
65 | 2,933 | 2,561 | 1,861 | 2,933 | 2,686 | 2,141 | 2,141 | 2,178 | 2,656 | 2,933 | 3,602 |
66 | 2,985 | 2,604 | 1,877 | 2,985 | 2,723 | 2,202 | 2,202 | 2,200 | 2,694 | 2,985 | 3,656 |
67 | 3,038 | 2,647 | 1,894 | 3,038 | 2,761 | 2,263 | 2,263 | 2,222 | 2,776 | 3,038 | 3,709 |
68 | 3,091 | 2,690 | 1,911 | 3,091 | 2,799 | 2,323 | 2,323 | 2,244 | 2,865 | 3,091 | 3,763 |
69 | 3,144 | 2,734 | 1,927 | 3,144 | 2,836 | 2,384 | 2,384 | 2,266 | 2,954 | 3,144 | 3,816 |
70 | 3,196 | 2,777 | 1,944 | 3,196 | 2,874 | 2,445 | 2,445 | 2,288 | 3,043 | 3,196 | 3,870 |
71 | 3,249 | 2,820 | 1,961 | 3,249 | 2,912 | 2,506 | 2,506 | 2,310 | 3,132 | 3,249 | 3,923 |
72 | 3,302 | 2,864 | 1,978 | 3,302 | 2,950 | 2,566 | 2,566 | 2,332 | 3,221 | 3,302 | 3,977 |
73 | 3,355 | 2,907 | 1,994 | 3,355 | 2,987 | 2,627 | 2,627 | 2,354 | 3,310 | 3,355 | 4,031 |
74 | 3,407 | 2,950 | 2,016 | 3,407 | 3,025 | 2,688 | 2,688 | 2,376 | 3,399 | 3,407 | 4,084 |
75 | 3,460 | 2,994 | 2,040 | 3,460 | 3,063 | 2,749 | 2,749 | 2,398 | 3,488 | 3,460 | 4,138 |
76 | 3,513 | 3,037 | 2,064 | 3,513 | 3,101 | 2,809 | 2,809 | 2,420 | 3,577 | 3,513 | 4,192 |
77 | 3,566 | 3,080 | 2,089 | 3,566 | 3,138 | 2,870 | 2,870 | 2,442 | 3,666 | 3,566 | 4,245 |
78 | 3,619 | 3,124 | 2,113 | 3,619 | 3,176 | 2,931 | 2,931 | 2,464 | 3,755 | 3,619 | 4,299 |
79 | 3,672 | 3,167 | 2,137 | 3,672 | 3,214 | 2,992 | 2,992 | 2,486 | 3,844 | 3,672 | 4,353 |
80 | 3,724 | 3,211 | 2,161 | 3,724 | 3,251 | 3,052 | 3,052 | 2,508 | 3,933 | 3,724 | 4,406 |
81 | 3,777 | 3,254 | 2,185 | 3,777 | 3,289 | 3,113 | 3,113 | 2,530 | 4,023 | 3,777 | 4,460 |
82 | 3,830 | 3,297 | 2,210 | 3,830 | 3,327 | 3,174 | 3,174 | 2,552 | 4,112 | 3,830 | 4,514 |
83 | 3,883 | 3,341 | 2,234 | 3,883 | 3,365 | 3,235 | 3,235 | 2,575 | 4,201 | 3,883 | 4,568 |
84 | 3,936 | 3,384 | 2,258 | 3,936 | 3,402 | 3,295 | 3,295 | 2,597 | 4,290 | 3,936 | 4,622 |
85 | 3,989 | 3,428 | 2,282 | 3,989 | 3,440 | 3,356 | 3,356 | 2,619 | 4,379 | 3,989 | 4,675 |
86 | 4,042 | 3,471 | 2,307 | 4,042 | 3,478 | 3,417 | 3,417 | 2,641 | 4,469 | 4,042 | 4,729 |
87 | 4,095 | 3,515 | 2,331 | 4,095 | 3,516 | 3,478 | 3,478 | 2,663 | 4,558 | 4,095 | 4,783 |
88 | 4,148 | 3,558 | 2,355 | 4,148 | 3,553 | 3,539 | 3,539 | 2,685 | 4,647 | 4,148 | 4,837 |
89 | 4,201 | 3,602 | 2,379 | 4,201 | 3,591 | 3,599 | 3,599 | 2,707 | 4,737 | 4,201 | 4,891 |
90 | 4,254 | 3,645 | 2,404 | 4,254 | 3,629 | 3,660 | 3,660 | 2,729 | 4,826 | 4,254 | 4,945 |
91 | 4,307 | 3,689 | 2,428 | 4,307 | 3,666 | 3,721 | 3,721 | 2,751 | 4,915 | 4,307 | 4,999 |
92 | 4,360 | 3,733 | 2,452 | 4,360 | 3,704 | 3,782 | 3,782 | 2,774 | 5,005 | 4,360 | 5,053 |
93 | 4,413 | 3,776 | 2,477 | 4,413 | 3,742 | 3,843 | 3,843 | 2,796 | 5,094 | 4,413 | 5,107 |
94 | 4,466 | 3,820 | 2,501 | 4,466 | 3,780 | 3,903 | 3,903 | 2,818 | 5,183 | 4,466 | 5,161 |
95 | 4,519 | 3,863 | 2,525 | 4,519 | 3,817 | 3,964 | 3,964 | 2,840 | 5,273 | 4,519 | 5,215 |
96 | 4,572 | 3,907 | 2,549 | 4,572 | 3,855 | 4,025 | 4,025 | 2,862 | 5,362 | 4,572 | 5,269 |
97 | 4,625 | 3,951 | 2,574 | 4,625 | 3,893 | 4,086 | 4,086 | 2,884 | 5,452 | 4,625 | 5,323 |
98 | 4,679 | 3,994 | 2,598 | 4,679 | 3,930 | 4,147 | 4,147 | 2,906 | 5,541 | 4,679 | 5,377 |
99 | 4,732 | 4,038 | 2,622 | 4,732 | 3,968 | 4,207 | 4,207 | 2,929 | 5,631 | 4,732 | 5,431 |
100 | 4,785 | 4,082 | 2,647 | 4,785 | 4,006 | 4,268 | 4,268 | 2,951 | 5,720 | 4,785 | 5,485 |
101 | 4,838 | 4,125 | 2,671 | 4,838 | 4,044 | 4,329 | 4,329 | 2,973 | 5,810 | 4,838 | 5,539 |
102 | 4,891 | 4,169 | 2,695 | 4,891 | 4,081 | 4,390 | 4,390 | 2,995 | 5,899 | 4,891 | 5,593 |
103 | 4,944 | 4,213 | 2,720 | 4,944 | 4,119 | 4,451 | 4,451 | 3,032 | 5,989 | 4,944 | 5,647 |
104 | 4,997 | 4,257 | 2,744 | 4,997 | 4,157 | 4,512 | 4,512 | 3,073 | 6,079 | 4,997 | 5,702 |
105 | 5,051 | 4,300 | 2,768 | 5,051 | 4,195 | 4,573 | 4,573 | 3,114 | 6,168 | 5,051 | 5,756 |
106 | 5,104 | 4,344 | 2,793 | 5,104 | 4,232 | 4,633 | 4,633 | 3,155 | 6,258 | 5,104 | 5,810 |
107 | 5,157 | 4,388 | 2,817 | 5,157 | 4,270 | 4,694 | 4,694 | 3,196 | 6,348 | 5,157 | 5,864 |
108 | 5,210 | 4,432 | 2,841 | 5,210 | 4,308 | 4,755 | 4,755 | 3,237 | 6,437 | 5,210 | 5,918 |
109 | 5,264 | 4,475 | 2,866 | 5,264 | 4,345 | 4,816 | 4,816 | 3,278 | 6,527 | 5,264 | 5,973 |
110 | 5,317 | 4,519 | 2,890 | 5,317 | 4,383 | 4,877 | 4,877 | 3,319 | 6,617 | 5,317 | 6,027 |
111 | 5,370 | 4,563 | 2,914 | 5,370 | 4,421 | 4,938 | 4,938 | 3,361 | 6,706 | 5,370 | 6,081 |
112 | 5,423 | 4,607 | 2,939 | 5,423 | 4,459 | 4,999 | 4,999 | 3,402 | 6,796 | 5,423 | 6,135 |
113 | 5,477 | 4,650 | 2,963 | 5,477 | 4,496 | 5,059 | 5,059 | 3,443 | 6,886 | 5,477 | 6,189 |
114 | 5,530 | 4,694 | 2,987 | 5,530 | 4,534 | 5,120 | 5,120 | 3,484 | 6,976 | 5,530 | 6,244 |
115 | 5,583 | 4,738 | 3,012 | 5,583 | 4,572 | 5,181 | 5,181 | 3,525 | 7,066 | 5,583 | 6,298 |
116 | 5,637 | 4,782 | 3,036 | 5,637 | 4,610 | 5,242 | 5,242 | 3,566 | 7,155 | 5,637 | 6,352 |
117 | 5,690 | 4,826 | 3,060 | 5,690 | 4,647 | 5,303 | 5,303 | 3,607 | 7,245 | 5,690 | 6,406 |
118 | 5,743 | 4,869 | 3,085 | 5,743 | 4,685 | 5,364 | 5,364 | 3,648 | 7,335 | 5,743 | 6,460 |
119 | 5,797 | 4,913 | 3,109 | 5,797 | 4,723 | 5,425 | 5,425 | 3,689 | 7,425 | 5,797 | 6,514 |
120 | 5,850 | 4,957 | 3,133 | 5,850 | 4,760 | 5,486 | 5,486 | 3,730 | 7,515 | 5,850 | 6,569 |
121 | 5,904 | 5,001 | 3,158 | 5,904 | 4,798 | 5,547 | 5,547 | 3,771 | 7,605 | 5,904 | 6,623 |
122 | 5,956 | 5,044 | 3,182 | 5,956 | 4,836 | 5,607 | 5,607 | 3,812 | 7,693 | 5,956 | 6,677 |
123 | 6,009 | 5,088 | 3,206 | 6,009 | 4,874 | 5,668 | 5,668 | 3,853 | 7,782 | 6,009 | 6,731 |
124 | 6,061 | 5,131 | 3,230 | 6,061 | 4,911 | 5,729 | 5,729 | 3,895 | 7,871 | 6,061 | 6,785 |
125 | 6,114 | 5,175 | 3,254 | 6,114 | 4,949 | 5,789 | 5,789 | 3,936 | 7,959 | 6,114 | 6,839 |
126 | 6,167 | 5,218 | 3,278 | 6,167 | 4,987 | 5,850 | 5,850 | 3,977 | 8,048 | 6,167 | 6,892 |
127 | 6,219 | 5,261 | 3,302 | 6,219 | 5,025 | 5,911 | 5,911 | 4,017 | 8,137 | 6,219 | 6,945 |
128 | 6,272 | 5,304 | 3,326 | 6,272 | 5,062 | 5,971 | 5,971 | 4,058 | 8,225 | 6,272 | 6,999 |
129 | 6,324 | 5,347 | 3,350 | 6,324 | 5,100 | 6,032 | 6,032 | 4,098 | 8,314 | 6,324 | 7,052 |
130 | 6,377 | 5,390 | 3,374 | 6,377 | 5,138 | 6,093 | 6,093 | 4,139 | 8,403 | 6,377 | 7,106 |
131 | 6,430 | 5,433 | 3,398 | 6,430 | 5,175 | 6,153 | 6,153 | 4,179 | 8,491 | 6,430 | 7,159 |
132 | 6,482 | 5,476 | 3,422 | 6,482 | 5,213 | 6,214 | 6,214 | 4,219 | 8,580 | 6,482 | 7,212 |
133 | 6,535 | 5,520 | 3,446 | 6,535 | 5,251 | 6,274 | 6,274 | 4,260 | 8,669 | 6,535 | 7,266 |
134 | 6,588 | 5,563 | 3,470 | 6,588 | 5,289 | 6,335 | 6,335 | 4,300 | 8,757 | 6,588 | 7,319 |
135 | 6,640 | 5,606 | 3,494 | 6,640 | 5,326 | 6,396 | 6,396 | 4,341 | 8,846 | 6,640 | 7,373 |
136 | 6,693 | 5,649 | 3,518 | 6,693 | 5,364 | 6,456 | 6,456 | 4,381 | 8,935 | 6,693 | 7,426 |
137 | 6,745 | 5,692 | 3,542 | 6,745 | 5,402 | 6,517 | 6,517 | 4,422 | 9,023 | 6,745 | 7,479 |
138 | 6,798 | 5,735 | 3,566 | 6,798 | 5,439 | 6,578 | 6,578 | 4,462 | 9,112 | 6,798 | 7,533 |
139 | 6,851 | 5,778 | 3,590 | 6,851 | 5,477 | 6,638 | 6,638 | 4,503 | 9,201 | 6,851 | 7,586 |
140 | 6,903 | 5,821 | 3,614 | 6,903 | 5,515 | 6,699 | 6,699 | 4,543 | 9,289 | 6,903 | 7,639 |
141 | 6,956 | 5,864 | 3,638 | 6,956 | 5,553 | 6,760 | 6,760 | 4,584 | 9,378 | 6,956 | 7,693 |
142 | 7,008 | 5,908 | 3,662 | 7,008 | 5,590 | 6,820 | 6,820 | 4,624 | 9,467 | 7,008 | 7,746 |
143 | 7,061 | 5,951 | 3,686 | 7,061 | 5,628 | 6,881 | 6,881 | 4,664 | 9,555 | 7,061 | 7,800 |
144 | 7,114 | 5,994 | 3,709 | 7,114 | 5,666 | 6,942 | 6,942 | 4,705 | 9,644 | 7,114 | 7,853 |
145 | 7,166 | 6,037 | 3,733 | 7,166 | 5,704 | 7,002 | 7,002 | 4,745 | 9,733 | 7,166 | 7,906 |
146 | 7,219 | 6,080 | 3,757 | 7,219 | 5,741 | 7,063 | 7,063 | 4,786 | 9,821 | 7,219 | 7,960 |
147 | 7,272 | 6,123 | 3,781 | 7,272 | 5,779 | 7,124 | 7,124 | 4,826 | 9,910 | 7,272 | 8,013 |
148 | 7,324 | 6,166 | 3,805 | 7,324 | 5,817 | 7,184 | 7,184 | 4,867 | 9,999 | 7,324 | 8,067 |
149 | 7,377 | 6,209 | 3,829 | 7,377 | 5,854 | 7,245 | 7,245 | 4,907 | 10,087 | 7,377 | 8,120 |
150 | 7,429 | 6,252 | 3,853 | 7,429 | 5,892 | 7,305 | 7,305 | 4,948 | 10,176 | 7,429 | 8,173 |
151 | 7,482 | 6,296 | 3,877 | 7,482 | 5,930 | 7,366 | 7,366 | 4,988 | 10,265 | 7,482 | 8,227 |
152 | 7,535 | 6,339 | 3,901 | 7,535 | 5,968 | 7,427 | 7,427 | 5,029 | 10,353 | 7,535 | 8,280 |
153 | 7,587 | 6,382 | 3,925 | 7,587 | 6,005 | 7,487 | 7,487 | 5,069 | 10,442 | 7,587 | 8,333 |
154 | 7,640 | 6,425 | 3,949 | 7,640 | 6,043 | 7,548 | 7,548 | 5,110 | 10,531 | 7,640 | 8,387 |
155 | 7,692 | 6,468 | 3,973 | 7,692 | 6,081 | 7,609 | 7,609 | 5,150 | 10619 | 7,692 | 8,440 |
156 | 7,745 | 6,511 | 3,997 | 7,745 | 6,119 | 7,669 | 7,669 | 5,190 | 10,708 | 7,745 | 8,494 |
157 | 7,798 | 6,554 | 4,021 | 7,798 | 6,156 | 7,730 | 7,730 | 5,231 | 10,797 | 7,798 | 8,547 |
158 | 7,850 | 6,597 | 4,045 | 7,850 | 6,194 | 7,791 | 7,791 | 5,271 | 10,885 | 7,850 | 8,600 |
159 | 7,903 | 6,641 | 4,069 | 7,903 | 6,232 | 7,851 | 7,851 | 5,312 | 10,974 | 7,903 | 8,654 |
160 | 7,956 | 6,684 | 4,093 | 7,956 | 6,269 | 7,912 | 7,912 | 5,352 | 11,063 | 7,956 | 8,707 |
161 | 8,008 | 6,727 | 4,117 | 8,008 | 6,307 | 7,973 | 7,973 | 5,393 | 11,151 | 8,008 | 8,760 |
162 | 8,061 | 6,770 | 4,141 | 8,061 | 6,345 | 8,033 | 8,033 | 5,433 | 11,240 | 8,061 | 8,814 |
163 | 8,113 | 6,813 | 4,165 | 8,113 | 6,383 | 8,094 | 8,094 | 5,474 | 11,329 | 8,113 | 8,867 |
164 | 8,166 | 6,856 | 4,189 | 8,166 | 6,420 | 8,155 | 8,155 | 5,514 | 11,417 | 8,166 | 8,921 |
165 | 8,219 | 6,899 | 4,213 | 8,219 | 6,458 | 8,215 | 8,215 | 5,555 | 11,506 | 8,219 | 8,974 |
166 | 8,271 | 6,942 | 4,237 | 8,271 | 6,496 | 8,276 | 8,276 | 5,595 | 11,595 | 8,271 | 9,027 |
167 | 8,324 | 6,985 | 4,261 | 8,324 | 6,534 | 8,337 | 8,337 | 5,636 | 11,683 | 8,324 | 9,081 |
168 | 8,376 | 7,029 | 4,285 | 8,376 | 6,571 | 8,397 | 8,397 | 5,676 | 11,772 | 8,376 | 9,134 |
169 | 8,429 | 7,072 | 4,309 | 8,429 | 6,609 | 8,458 | 8,458 | 5,716 | 11,861 | 8,429 | 9,188 |
170 | 8,482 | 7,115 | 4,333 | 8,482 | 6,647 | 8,518 | 8,518 | 5,757 | 11,949 | 8,482 | 9,241 |
171 | 8,534 | 7,158 | 4,357 | 8,534 | 6,684 | 8,579 | 8,579 | 5,797 | 12,038 | 8,534 | 9,294 |
172 | 8,587 | 7,201 | 4,380 | 8,587 | 6,722 | 8,640 | 8,640 | 5,838 | 12,127 | 8,587 | 9,348 |
173 | 8,639 | 7,244 | 4,404 | 8,639 | 6,760 | 8,700 | 8,700 | 5,878 | 12,215 | 8,639 | 9,401 |
174 | 8,692 | 7,287 | 4,428 | 8,692 | 6,798 | 8,761 | 8,761 | 5,919 | 12,304 | 8,692 | 9,454 |
175 | 8,745 | 7,330 | 4,452 | 8,745 | 6,835 | 8,822 | 8,822 | 5,959 | 12,393 | 8,745 | 9,508 |
176 | 8,797 | 7,373 | 4,476 | 8,797 | 6,873 | 8,882 | 8,882 | 6,000 | 12,481 | 8,797 | 9,561 |
177 | 8,850 | 7,417 | 4,500 | 8,850 | 6,911 | 8,943 | 8,943 | 6,040 | 12,570 | 8,850 | 9,615 |
178 | 8,903 | 7,460 | 4,524 | 8,903 | 6,948 | 9,004 | 9,004 | 6,081 | 12,659 | 8,903 | 9,668 |
179 | 8,955 | 7,503 | 4,548 | 8,955 | 6,986 | 9,064 | 9,064 | 6,121 | 12,747 | 8,955 | 9,721 |
180 | 9,008 | 7,546 | 4,572 | 9,008 | 7,024 | 9,125 | 9,125 | 6,162 | 12,836 | 9,008 | 9,775 |
181 | 9,060 | 7,589 | 4,596 | 9,060 | 7,062 | 9,186 | 9,186 | 6,202 | 12,925 | 9,060 | 9,828 |
182 | 9,113 | 7,632 | 4,620 | 9,113 | 7,099 | 9,246 | 9,246 | 6,242 | 13,013 | 9,113 | 9,881 |
183 | 9,166 | 7,675 | 4,644 | 9,166 | 7,137 | 9,307 | 9,307 | 6,283 | 13,102 | 9,166 | 9,935 |
184 | 9,218 | 7,718 | 4,668 | 9,218 | 7,174 | 9,368 | 9,368 | 6,323 | 13,191 | 9,218 | 9,988 |
185 | 9,271 | 7,762 | 4,692 | 9,271 | 7,211 | 9,428 | 9,428 | 6,364 | 13,279 | 9,271 | 10,042 |
186 | 9,323 | 7,805 | 4,716 | 9,323 | 7,248 | 9,489 | 9,489 | 6,404 | 13,368 | 9,323 | 10,095 |
187 | 9,376 | 7,848 | 4,740 | 9,376 | 7,285 | 9,549 | 9,549 | 6,445 | 13,457 | 9,376 | 10,148 |
188 | 9,429 | 7,891 | 4,764 | 9,429 | 7,322 | 9,610 | 9,610 | 6,485 | 13,545 | 9,429 | 10,202 |
189 | 9,481 | 7,934 | 4,788 | 9,481 | 7,360 | 9,671 | 9,671 | 6,526 | 13,634 | 9,481 | 10,255 |
190 | 9,534 | 7,977 | 4,812 | 9,534 | 7,397 | 9,731 | 9,731 | 6,566 | 13,723 | 9,534 | 10,309 |
191 | 9,587 | 8,020 | 4,836 | 9,587 | 7,434 | 9,792 | 9,792 | 6,607 | 13,811 | 9,587 | 10,362 |
192 | 9,639 | 8,063 | 4,860 | 9,639 | 7,471 | 9,853 | 9,853 | 6,647 | 13,900 | 9,639 | 10,415 |
193 | 9,692 | 8,106 | 4,884 | 9,692 | 7,508 | 9,913 | 9,913 | 6,687 | 13,988 | 9,692 | 10,469 |
194 | 9,744 | 8,150 | 4,908 | 9,744 | 7,545 | 9,974 | 9,974 | 6,728 | 14,077 | 9,744 | 10,522 |
195 | 9,797 | 8,193 | 4,932 | 9,797 | 7,582 | 10,035 | 10,035 | 6,768 | 14,166 | 9,797 | 10,575 |
196 | 9,850 | 8,236 | 4,956 | 9,850 | 7,620 | 10,095 | 10,095 | 6,809 | 14,254 | 9,850 | 10,629 |
197 | 9,902 | 8,279 | 4,980 | 9,902 | 7,657 | 10,156 | 10,156 | 6,849 | 14,343 | 9,902 | 10,682 |
198 | 9,955 | 8,322 | 5,004 | 9,955 | 7,694 | 10,217 | 10,217 | 6,890 | 14,432 | 9,955 | 10,736 |
199 | 10,007 | 8,365 | 5,028 | 10,007 | 7,731 | 10,277 | 10,277 | 6,930 | 14,520 | 10,007 | 10,789 |
200 | 10,060 | 8,408 | 5,051 | 10,060 | 7,768 | 10,338 | 10,338 | 6,971 | 14,609 | 10,060 | 10,842 |
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.
Class of Offence | ||||||||||||
---|---|---|---|---|---|---|---|---|---|---|---|---|
Type of case | A | B | C | D | E | F | G | H | I | J | K | |
Cracked trial | 1,040.27 | 815.52 | 603.55 | 988.25 | 267.98 | 257.86 | 257.86 | 272.55 | 291.72 | 1,040.27 | 889.94 | |
Guilty plea | 782.45 | 639.53 | 509.35 | 743.31 | 212.40 | 225.18 | 225.18 | 219.62 | 200.79 | 782.45 | 736.97] |
Textual Amendments
F20Sch. 2 para. 6(2) table substituted (30.9.2022) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2022 (S.I. 2022/848), reg. 1(1), Sch. 2 para. 2 (with reg. 3) (as amended (31.10.2022) by The Criminal Legal Aid (Remuneration) (Amendment) (Amendment) (No. 2) Regulations 2022 (S.I. 2022/1035), regs. 1(1), 2(1)) (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.)
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.
Class of Offence | ||||||||||||
---|---|---|---|---|---|---|---|---|---|---|---|---|
Type of case | A | B | C | D | E | F | G | H | I | J | K | |
Trial | 1,687.72 | 1,262.31 | 850.53 | 1,603.33 | 405.63 | 411.24 | 411.24 | 411.41 | 411.06 | 1,687.72 | 1,186.59] |
(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.
[F22Trial Length in Days | Trial length proxy A | Trial length proxy B | Trial length proxy C | Trial length proxy D | Trial length proxy E | Trial length proxy F | Trial length proxy G | Trial length proxy H | Trial length proxy I | Trial length proxy J | Trial length proxy K |
---|---|---|---|---|---|---|---|---|---|---|---|
1 | 0.00 | 0.00 | 0.00 | 0.00 | 0.00 | 0.00 | 0.00 | 0.00 | 0.00 | 0.00 | 0.00 |
2 | 0.00 | 0.00 | 0.00 | 0.00 | 0.00 | 0.00 | 0.00 | 0.00 | 0.00 | 0.00 | 0.00 |
3 | 252.54 | 452.88 | 432.51 | 239.92 | 716.58 | 644.94 | 644.94 | 703.69 | 862.39 | 252.54 | 574.13 |
4 | 769.79 | 879.65 | 843.33 | 731.30 | 1,033.65 | 898.77 | 898.77 | 1,009.83 | 1,320.93 | 769.79 | 1,140.63 |
5 | 1,261.16 | 1,285.08 | 1,233.61 | 1,198.10 | 1,334.86 | 1,139.90 | 1,139.90 | 1,300.64 | 1,756.54 | 1,261.16 | 1,678.81 |
6 | 1,761.17 | 1,695.98 | 1,621.20 | 1,673.12 | 1,617.11 | 1,386.43 | 1,386.43 | 1,589.05 | 2,200.59 | 1,761.17 | 2,181.04 |
7 | 2,253.87 | 2,102.22 | 2,011.03 | 2,141.18 | 1,915.45 | 1,632.83 | 1,632.83 | 1,879.51 | 2,637.65 | 2,253.87 | 2,713.26 |
8 | 2,746.56 | 2,508.44 | 2,400.87 | 2,609.24 | 2,213.79 | 1,875.25 | 1,875.25 | 2,169.97 | 3,074.70 | 2,746.56 | 3,245.48 |
9 | 3,210.92 | 2,874.04 | 2,751.71 | 3,050.38 | 2,482.29 | 2,093.45 | 2,093.45 | 2,431.38 | 3,473.43 | 3,210.92 | 3,724.49 |
10 | 3,675.29 | 3,239.65 | 3,102.56 | 3,491.52 | 2,750.81 | 2,311.64 | 2,311.64 | 2,692.79 | 3,872.17 | 3,675.29 | 4,203.48 |
11 | 4,143.10 | 3,605.74 | 3,462.93 | 3,935.94 | 3,031.66 | 2,536.06 | 2,536.06 | 2,961.38 | 4,279.02 | 4,143.10 | 4,703.99 |
12 | 4,607.74 | 3,971.38 | 3,823.47 | 4,377.35 | 3,312.59 | 2,760.47 | 2,760.47 | 3,229.64 | 4,686.22 | 4,607.74 | 5,204.80 |
13 | 5,072.39 | 4,337.02 | 4,175.80 | 4,818.77 | 3,593.15 | 2,983.98 | 2,983.98 | 3,492.07 | 5,086.28 | 5,072.39 | 5,705.63 |
14 | 5,537.03 | 4,702.67 | 4,528.13 | 5,260.19 | 3,865.07 | 3,203.34 | 3,203.34 | 3,754.51 | 5,486.32 | 5,537.03 | 6,206.43 |
15 | 6,001.68 | 5,068.31 | 4,880.46 | 5,701.59 | 4,136.15 | 3,422.69 | 3,422.69 | 4,016.95 | 5,886.37 | 6,001.68 | 6,707.21 |
16 | 6,466.32 | 5,433.96 | 5,232.79 | 6,143.00 | 4,407.26 | 3,642.05 | 3,642.05 | 4,279.39 | 6,286.42 | 6,466.32 | 7,207.20 |
17 | 6,930.96 | 5,799.60 | 5,585.12 | 6,584.42 | 4,678.35 | 3,861.41 | 3,861.41 | 4,541.82 | 6,686.47 | 6,930.96 | 7,693.86 |
18 | 7,395.60 | 6,165.24 | 5,937.45 | 7,025.83 | 4,949.45 | 4,080.76 | 4,080.76 | 4,804.26 | 7,086.52 | 7,395.60 | 8,180.52 |
19 | 7,860.25 | 6,530.88 | 6,289.77 | 7,467.24 | 5,220.54 | 4,300.12 | 4,300.12 | 5,066.69 | 7,486.57 | 7,860.25 | 8,667.17 |
20 | 8,324.89 | 6,896.53 | 6,642.11 | 7,908.66 | 5,491.63 | 4,519.48 | 4,519.48 | 5,329.13 | 7,886.63 | 8,324.89 | 9,153.84 |
21 | 8,798.40 | 7,234.27 | 6,931.61 | 8,358.47 | 5,715.66 | 4,698.94 | 4,698.94 | 5,544.96 | 8,215.37 | 8,798.40 | 9,640.50 |
22 | 9,271.81 | 7,571.99 | 7,221.19 | 8,808.22 | 5,939.70 | 4,878.48 | 4,878.48 | 5,760.90 | 8,544.12 | 9,271.81 | 10,127.16 |
23 | 9,737.21 | 7,909.69 | 7,510.79 | 9,250.36 | 6,157.06 | 5,058.02 | 5,058.02 | 5,976.83 | 8,872.90 | 9,737.21 | 10,613.82 |
24 | 10,202.62 | 8,239.72 | 7,800.39 | 9,692.49 | 6,374.43 | 5,237.57 | 5,237.57 | 6,192.76 | 9,198.07 | 10,202.62 | 11,100.48 |
25 | 10,668.04 | 8,569.74 | 8,088.48 | 10,134.63 | 6,591.80 | 5,417.10 | 5,417.10 | 6,405.21 | 9,519.15 | 10,668.04 | 11,587.14 |
26 | 11,133.44 | 8,899.77 | 8,371.53 | 10,576.78 | 6,809.17 | 5,596.65 | 5,596.65 | 6,615.99 | 9,840.24 | 11,133.44 | 12,073.81 |
27 | 11,598.84 | 9,229.80 | 8,654.60 | 11,018.90 | 7,026.53 | 5,776.19 | 5,776.19 | 6,826.76 | 10,161.33 | 11,598.84 | 12,560.46 |
28 | 12,064.25 | 9,559.83 | 8,937.65 | 11,461.05 | 7,243.91 | 5,955.73 | 5,955.73 | 7,037.54 | 10,482.41 | 12,064.25 | 13,047.13 |
29 | 12,529.67 | 9,889.86 | 9,220.70 | 11,903.18 | 7,461.27 | 6,133.18 | 6,133.18 | 7,248.30 | 10,803.51 | 12,529.67 | 13,533.78 |
30 | 12,995.07 | 10,219.88 | 9,503.75 | 12,345.31 | 7,678.63 | 6,309.59 | 6,309.59 | 7,459.07 | 11,124.59 | 12,995.07 | 14,020.44 |
31 | 13,460.48 | 10,549.91 | 9,786.81 | 12,787.46 | 7,896.01 | 6,486.01 | 6,486.01 | 7,669.85 | 11,445.67 | 13,460.48 | 14,507.11 |
32 | 13,925.88 | 10,879.95 | 10,069.87 | 13,229.59 | 8,113.38 | 6,662.43 | 6,662.43 | 7,880.61 | 11,766.76 | 13,925.88 | 14,993.76 |
33 | 14,391.30 | 11,209.97 | 10,352.92 | 13,671.73 | 8,330.74 | 6,838.84 | 6,838.84 | 8,091.39 | 12,087.84 | 14,391.30 | 15,480.43 |
34 | 14,856.70 | 11,540.00 | 10,635.97 | 14,113.87 | 8,548.11 | 7,015.26 | 7,015.26 | 8,302.16 | 12,408.93 | 14,856.70 | 15,967.09 |
35 | 15,322.11 | 11,870.03 | 10,919.03 | 14,556.01 | 8,765.48 | 7,191.68 | 7,191.68 | 8,512.93 | 12,730.02 | 15,322.11 | 16,453.75 |
36 | 15,787.52 | 12,200.05 | 11,202.09 | 14,998.14 | 8,982.84 | 7,368.10 | 7,368.10 | 8,723.70 | 13,051.10 | 15,787.52 | 16,940.41 |
37 | 16,252.93 | 12,530.09 | 11,485.14 | 15,440.28 | 9,200.22 | 7,544.51 | 7,544.51 | 8,934.48 | 13,372.19 | 16,252.93 | 17,427.07 |
38 | 16,718.33 | 12,860.11 | 11,768.20 | 15,882.42 | 9,417.58 | 7,720.93 | 7,720.93 | 9,145.25 | 13,693.28 | 16,718.33 | 17,913.73 |
39 | 17,183.74 | 13,190.13 | 12,051.25 | 16,324.55 | 9,634.94 | 7,897.35 | 7,897.35 | 9,356.02 | 14,014.36 | 17,183.74 | 18,400.40 |
40 | 17,622.38 | 13,492.13 | 12,163.57 | 16,741.26 | 9,722.09 | 8,027.76 | 8,027.76 | 9,447.16 | 14,282.00 | 17,622.38 | 18,865.89 |
41 | 18,063.40 | 13,796.43 | 12,277.13 | 17,160.24 | 9,811.54 | 8,158.44 | 8,158.44 | 9,539.40 | 14,551.22 | 18,063.40 | 19,334.83 |
42 | 18,504.54 | 14,100.82 | 12,390.73 | 17,579.32 | 9,901.04 | 8,289.12 | 8,289.12 | 9,631.68 | 14,820.51 | 18,504.54 | 19,803.93 |
43 | 18,945.79 | 14,405.31 | 12,504.33 | 17,998.51 | 9,990.58 | 8,419.82 | 8,419.82 | 9,723.97 | 15,089.84 | 18,945.79 | 20,273.20 |
44 | 19,387.15 | 14,709.89 | 12,617.96 | 18,417.79 | 10,080.16 | 8,550.52 | 8,550.52 | 9,816.28 | 15,359.23 | 19,387.15 | 20,742.61 |
45 | 19,828.61 | 15,014.56 | 12,731.61 | 18,837.18 | 10,169.77 | 8,681.22 | 8,681.22 | 9,908.63 | 15,628.69 | 19,828.61 | 21,212.18 |
46 | 20,270.18 | 15,319.32 | 12,845.28 | 19,256.68 | 10,259.43 | 8,811.94 | 8,811.94 | 10,000.97 | 15,898.19 | 20,270.18 | 21,681.91 |
47 | 20,711.85 | 15,624.18 | 12,958.98 | 19,676.26 | 10,349.13 | 8,942.66 | 8,942.66 | 10,093.35 | 16,167.76 | 20,711.85 | 22,151.80 |
48 | 21,153.65 | 15,929.14 | 13,072.69 | 20,095.97 | 10,438.87 | 9,073.39 | 9,073.39 | 10,185.75 | 16,437.38 | 21,153.65 | 22,621.84 |
49 | 21,595.54 | 16,234.19 | 13,186.44 | 20,515.76 | 10,528.64 | 9,204.12 | 9,204.12 | 10,278.16 | 16,707.05 | 21,595.54 | 23,092.04 |
50 | 22,037.53 | 16,539.33 | 13,300.19 | 20,935.66 | 10,618.45 | 9,334.88 | 9,334.88 | 10,370.61 | 16,976.79 | 22,037.53 | 23,562.39 |
51 | 22,479.65 | 16,844.56 | 13,413.98 | 21,355.67 | 10,708.32 | 9,465.63 | 9,465.63 | 10,463.06 | 17,246.59 | 22,479.65 | 24,032.91 |
52 | 22,921.86 | 17,149.88 | 13,527.78 | 21,775.77 | 10,798.21 | 9,596.40 | 9,596.40 | 10,555.54 | 17,516.43 | 22,921.86 | 24,503.58 |
53 | 23,364.19 | 17,455.30 | 13,641.60 | 22,195.99 | 10,888.15 | 9,727.16 | 9,727.16 | 10,648.04 | 17,786.33 | 23,364.19 | 24,974.41 |
54 | 23,806.62 | 17,760.82 | 13,755.44 | 22,616.29 | 10,978.13 | 9,857.94 | 9,857.94 | 10,740.56 | 18,056.29 | 23,806.62 | 25,445.40 |
55 | 24,249.16 | 18,066.42 | 13,869.31 | 23,036.69 | 11,068.14 | 9,988.72 | 9,988.72 | 10,833.10 | 18,326.31 | 24,249.16 | 25,916.54 |
56 | 24,691.80 | 18,372.13 | 13,983.20 | 23,457.22 | 11,158.20 | 10,119.52 | 10,119.52 | 10,925.66 | 18,596.39 | 24,691.80 | 26,387.85 |
57 | 25,134.56 | 18,677.92 | 14,097.11 | 23,877.83 | 11,248.29 | 10,250.32 | 10,250.32 | 11,018.24 | 18,866.52 | 25,134.56 | 26,859.31 |
58 | 25,577.42 | 18,983.81 | 14,211.04 | 24,298.55 | 11,338.39 | 10,381.13 | 10,381.13 | 11,110.84 | 19,136.71 | 25,577.42 | 27,330.92 |
59 | 26,020.39 | 19,289.79 | 14,325.00 | 24,719.38 | 11,428.49 | 10,511.95 | 10,511.95 | 11,203.47 | 19,406.96 | 26,020.39 | 27,802.70 |
60 | 26,463.47 | 19,595.86 | 14,438.97 | 25,140.29 | 11,518.59 | 10,642.77 | 10,642.77 | 11,296.10 | 19,677.26 | 26,463.47 | 28,274.63 |
61 | 26,906.66 | 19,902.03 | 14,552.97 | 25,561.32 | 11,608.70 | 10,773.60 | 10,773.60 | 11,388.77 | 19,947.62 | 26,906.66 | 28,746.72 |
62 | 27,349.94 | 20,208.30 | 14,666.99 | 25,982.45 | 11,698.80 | 10,904.44 | 10,904.44 | 11,481.46 | 20,218.04 | 27,349.94 | 29,218.96 |
63 | 27,793.35 | 20,514.64 | 14,781.02 | 26,403.69 | 11,788.90 | 11,035.28 | 11,035.28 | 11,574.16 | 20,488.52 | 27,793.35 | 29,691.37 |
64 | 28,236.86 | 20,821.10 | 14,895.09 | 26,825.02 | 11,879.00 | 11,166.14 | 11,166.14 | 11,666.89 | 20,759.04 | 28,236.86 | 30,163.93 |
65 | 28,680.48 | 21,127.63 | 15,009.17 | 27,246.45 | 11,969.10 | 11,297.01 | 11,297.01 | 11,759.62 | 21,029.63 | 28,680.48 | 30,636.65 |
66 | 29,124.20 | 21,434.28 | 15,123.28 | 27,667.99 | 12,059.20 | 11,427.88 | 11,427.88 | 11,852.39 | 21,300.28 | 29,124.20 | 31,109.52 |
67 | 29,568.03 | 21,741.01 | 15,237.40 | 28,089.63 | 12,149.30 | 11,558.76 | 11,558.76 | 11,945.17 | 21,570.97 | 29,568.03 | 31,582.55 |
68 | 30,011.97 | 22,047.83 | 15,351.55 | 28,511.37 | 12,239.40 | 11,689.65 | 11,689.65 | 12,037.98 | 21,841.73 | 30,011.97 | 32,055.74 |
69 | 30,456.02 | 22,354.74 | 15,465.72 | 28,933.21 | 12,329.50 | 11,820.54 | 11,820.54 | 12,130.81 | 22,112.55 | 30,456.02 | 32,529.08 |
70 | 30,900.17 | 22,661.76 | 15,579.91 | 29,355.16 | 12,419.60 | 11,951.45 | 11,951.45 | 12,223.66 | 22,383.42 | 30,900.17 | 33,002.60 |
71 | 31,344.44 | 22,968.86 | 15,694.12 | 29,777.22 | 12,509.70 | 12,082.36 | 12,082.36 | 12,316.53 | 22,654.35 | 31,344.44 | 33,476.26 |
72 | 31,788.81 | 23,276.06 | 15,808.35 | 30,199.37 | 12,599.80 | 12,213.28 | 12,213.28 | 12,409.42 | 22,925.33 | 31,788.81 | 33,950.08 |
73 | 32,233.28 | 23,583.35 | 15,922.61 | 30,621.63 | 12,689.90 | 12,344.21 | 12,344.21 | 12,502.32 | 23,196.37 | 32,233.28 | 34,424.05 |
74 | 32,677.87 | 23,890.74 | 16,036.89 | 31,043.98 | 12,780.00 | 12,475.14 | 12,475.14 | 12,595.26 | 23,467.47 | 32,677.87 | 34,898.19 |
75 | 33,122.56 | 24,198.21 | 16,151.19 | 31,466.43 | 12,870.10 | 12,606.09 | 12,606.09 | 12,688.21 | 23,738.63 | 33,122.56 | 35,372.48 |
76 | 33,567.36 | 24,505.78 | 16,265.50 | 31,889.00 | 12,960.20 | 12,737.03 | 12,737.03 | 12,781.18 | 24,009.84 | 33,567.36 | 35,846.92 |
77 | 34,012.28 | 24,813.45 | 16,379.85 | 32,311.66 | 13,050.30 | 12,867.99 | 12,867.99 | 12,874.16 | 24,281.10 | 34,012.28 | 36,321.53 |
78 | 34,457.29 | 25,121.21 | 16,494.21 | 32,734.43 | 13,140.40 | 12,998.95 | 12,998.95 | 12,967.17 | 24,552.43 | 34,457.29 | 36,796.30 |
79 | 34,902.42 | 25,429.06 | 16,608.60 | 33,157.30 | 13,230.50 | 13,129.94 | 13,129.94 | 13,060.21 | 24,823.82 | 34,902.42 | 37,271.22 |
80 | 35,347.65 | 25,737.00 | 16,723.00 | 33,580.26 | 13,320.60 | 13,260.92 | 13,260.92 | 13,153.27 | 25,095.26 | 35,347.65 | 37,746.29 |
81 | 35,792.99 | 26,045.04 | 16,837.42 | 34,003.35 | 13,410.70 | 13,391.90 | 13,391.90 | 13,246.34 | 25,366.75 | 35,792.99 | 38,221.52 |
82 | 36,238.43 | 26,353.17 | 16,951.88 | 34,426.52 | 13,500.80 | 13,522.90 | 13,522.90 | 13,339.43 | 25,638.30 | 36,238.43 | 38,696.92 |
83 | 36,683.99 | 26,661.40 | 17,066.35 | 34,849.80 | 13,590.90 | 13,653.90 | 13,653.90 | 13,432.55 | 25,909.92 | 36,683.99 | 39,172.47 |
84 | 37,129.65 | 26,969.72 | 17,180.83 | 35,273.17 | 13,681.01 | 13,784.93 | 13,784.93 | 13,525.68 | 26,181.58 | 37,129.65 | 39,648.18 |
85 | 37,575.42 | 27,278.13 | 17,295.35 | 35,696.65 | 13,771.11 | 13,915.94 | 13,915.94 | 13,618.83 | 26,453.30 | 37,575.42 | 40,124.04 |
86 | 38,021.30 | 27,586.64 | 17,409.90 | 36,120.24 | 13,861.21 | 14,046.97 | 14,046.97 | 13,712.01 | 26,725.09 | 38,021.30 | 40,600.06 |
87 | 38,467.29 | 27,895.23 | 17,524.45 | 36,543.93 | 13,951.31 | 14,178.01 | 14,178.01 | 13,805.21 | 26,996.93 | 38,467.29 | 41,076.24 |
88 | 38,913.39 | 28,203.93 | 17,639.03 | 36,967.72 | 14,041.41 | 14,309.06 | 14,309.06 | 13,898.42 | 27,268.82 | 38,913.39 | 41,552.58 |
89 | 39,359.59 | 28,512.71 | 17,753.63 | 37,391.61 | 14,131.51 | 14,440.10 | 14,440.10 | 13,991.66 | 27,540.77 | 39,359.59 | 42,029.07 |
90 | 39,805.90 | 28,821.60 | 17,868.25 | 37,815.60 | 14,221.61 | 14,571.17 | 14,571.17 | 14,084.91 | 27,812.78 | 39,805.90 | 42,505.73 |
91 | 40,252.32 | 29,130.57 | 17,982.89 | 38,239.70 | 14,311.71 | 14,702.24 | 14,702.24 | 14,178.20 | 28,084.84 | 40,252.32 | 42,982.53 |
92 | 40,698.83 | 29,439.63 | 18,097.56 | 38,663.90 | 14,401.81 | 14,833.32 | 14,833.32 | 14,271.49 | 28,356.97 | 40,698.83 | 43,459.49 |
93 | 41,145.47 | 29,748.80 | 18,212.24 | 39,088.20 | 14,491.91 | 14,964.40 | 14,964.40 | 14,364.81 | 28,629.15 | 41,145.47 | 43,936.62 |
94 | 41,592.21 | 30,058.05 | 18,326.95 | 39,512.60 | 14,582.01 | 15,095.49 | 15,095.49 | 14,458.15 | 28,901.38 | 41,592.21 | 44,413.90 |
95 | 42,039.06 | 30,367.40 | 18,441.68 | 39,937.10 | 14,672.11 | 15,226.59 | 15,226.59 | 14,551.52 | 29,173.67 | 42,039.06 | 44,891.33 |
96 | 42,486.02 | 30,676.84 | 18,556.44 | 40,361.72 | 14,762.22 | 15,357.69 | 15,357.69 | 14,644.89 | 29,446.03 | 42,486.02 | 45,368.93 |
97 | 42,933.08 | 30,986.38 | 18,671.21 | 40,786.43 | 14,852.32 | 15,488.81 | 15,488.81 | 14,738.25 | 29,718.43 | 42,933.08 | 45,846.68 |
98 | 43,380.25 | 31,296.01 | 18,786.00 | 41,211.24 | 14,942.42 | 15,619.94 | 15,619.94 | 14,831.63 | 29,990.89 | 43,380.25 | 46,324.60 |
99 | 43,827.53 | 31,605.73 | 18,900.82 | 41,636.15 | 15,032.52 | 15,751.07 | 15,751.07 | 14,925.00 | 30,263.42 | 43,827.53 | 46,802.66 |
100 | 44,274.91 | 31,915.55 | 19,015.65 | 42,061.17 | 15,122.62 | 15,882.21 | 15,882.21 | 15,018.37 | 30,535.98 | 44,274.91 | 47,280.88 |
101 | 44,722.41 | 32,225.46 | 19,130.51 | 42,486.29 | 15,212.72 | 16,013.36 | 16,013.36 | 15,111.74 | 30,808.63 | 44,722.41 | 47,759.26 |
102 | 45,170.01 | 32,535.45 | 19,245.39 | 42,911.51 | 15,302.82 | 16,144.51 | 16,144.51 | 15,205.11 | 31,081.31 | 45,170.01 | 48,237.80 |
103 | 45,617.73 | 32,845.55 | 19,360.30 | 43,336.84 | 15,392.92 | 16,275.67 | 16,275.67 | 15,298.48 | 31,354.06 | 45,617.73 | 48,716.50 |
104 | 46,065.54 | 33,155.74 | 19,475.21 | 43,762.27 | 15,483.02 | 16,406.84 | 16,406.84 | 15,391.85 | 31,626.86 | 46,065.54 | 49,195.35 |
105 | 46,513.46 | 33,466.03 | 19,590.12 | 44,187.79 | 15,573.12 | 16,538.02 | 16,538.02 | 15,485.22 | 31,899.72 | 46,513.46 | 49,674.36 |
106 | 46,961.50 | 33,776.40 | 19,705.04 | 44,613.42 | 15,663.22 | 16,669.21 | 16,669.21 | 15,578.59 | 32,172.64 | 46,961.50 | 50,153.43 |
107 | 47,409.64 | 34,086.84 | 19,819.95 | 45,039.15 | 15,753.32 | 16,800.40 | 16,800.40 | 15,671.96 | 32,445.62 | 47,409.64 | 50,632.48 |
108 | 47,857.89 | 34,397.27 | 19,934.87 | 45,465.00 | 15,843.43 | 16,931.60 | 16,931.60 | 15,765.33 | 32,718.65 | 47,857.89 | 51,111.54 |
109 | 48,306.24 | 34,707.71 | 20,049.78 | 45,890.93 | 15,933.53 | 17,062.82 | 17,062.82 | 15,858.70 | 32,991.74 | 48,306.24 | 51,590.60 |
110 | 48,754.70 | 35,018.15 | 20,164.69 | 46,316.97 | 16,023.63 | 17,194.03 | 17,194.03 | 15,952.07 | 33,264.88 | 48,754.70 | 52,069.66 |
111 | 49,203.28 | 35,328.59 | 20,279.60 | 46,743.12 | 16,113.73 | 17,325.26 | 17,325.26 | 16,045.44 | 33,538.08 | 49,203.28 | 52,548.71 |
112 | 49,651.95 | 35,639.02 | 20,394.51 | 47,169.36 | 16,203.83 | 17,456.49 | 17,456.49 | 16,138.81 | 33,811.34 | 49,651.95 | 53,027.77 |
113 | 50,100.74 | 35,949.45 | 20,509.43 | 47,595.72 | 16,293.93 | 17,587.73 | 17,587.73 | 16,232.18 | 34,084.66 | 50,100.74 | 53,506.84 |
114 | 50,549.63 | 36,259.89 | 20,624.34 | 48,022.16 | 16,384.03 | 17,718.99 | 17,718.99 | 16,325.55 | 34,358.03 | 50,549.63 | 53,985.89 |
115 | 50,998.64 | 36,570.33 | 20,739.25 | 48,448.70 | 16,474.13 | 17,850.24 | 17,850.24 | 16,418.92 | 34,631.46 | 50,998.64 | 54,464.95 |
116 | 51,447.75 | 36,880.77 | 20,854.17 | 48,875.36 | 16,564.23 | 17,981.51 | 17,981.51 | 16,512.29 | 34,904.94 | 51,447.75 | 54,944.01 |
117 | 51,896.97 | 37,191.20 | 20,969.08 | 49,302.12 | 16,654.33 | 18,112.78 | 18,112.78 | 16,605.66 | 35,178.49 | 51,896.97 | 55,423.07 |
118 | 52,346.29 | 37,501.64 | 21,083.99 | 49,728.98 | 16,744.43 | 18,244.06 | 18,244.06 | 16,699.03 | 35,452.09 | 52,346.29 | 55,902.12 |
119 | 52,795.73 | 37,812.07 | 21,198.91 | 50,155.94 | 16,834.53 | 18,375.35 | 18,375.35 | 16,792.40 | 35,725.74 | 52,795.73 | 56,381.19 |
120 | 53,245.27 | 38,122.51 | 21,313.82 | 50,583.00 | 16,924.63 | 18,506.65 | 18,506.65 | 16,885.77 | 35,999.46 | 53,245.27 | 56,860.25 |
121 | 53,694.91 | 38,432.95 | 21,428.73 | 51,010.17 | 17,014.73 | 18,637.95 | 18,637.95 | 16,979.14 | 36,273.23 | 53,694.91 | 57,339.30 |
122 | 54,137.91 | 38,743.38 | 21,543.64 | 51,431.02 | 17,104.83 | 18,768.69 | 18,768.69 | 17,072.51 | 36,543.17 | 54,137.91 | 57,818.36 |
123 | 54,580.90 | 39,053.82 | 21,658.55 | 51,851.87 | 17,194.93 | 18,899.43 | 18,899.43 | 17,165.88 | 36,813.11 | 54,580.90 | 58,297.42 |
124 | 55,023.91 | 39,360.61 | 21,771.79 | 52,272.71 | 17,285.03 | 19,030.16 | 19,030.16 | 17,259.25 | 37,083.05 | 55,023.91 | 58,775.55 |
125 | 55,466.90 | 39,666.39 | 21,884.98 | 52,693.55 | 17,375.13 | 19,160.90 | 19,160.90 | 17,352.62 | 37,353.00 | 55,466.90 | 59,247.42 |
126 | 55,909.89 | 39,972.16 | 21,998.17 | 53,114.41 | 17,465.23 | 19,291.63 | 19,291.63 | 17,445.93 | 37,622.93 | 55,909.89 | 59,719.29 |
127 | 56,352.90 | 40,277.95 | 22,111.36 | 53,535.25 | 17,555.33 | 19,422.37 | 19,422.37 | 17,537.91 | 37,892.88 | 56,352.90 | 60,191.17 |
128 | 56,795.89 | 40,583.73 | 22,224.55 | 53,956.10 | 17,645.43 | 19,553.11 | 19,553.11 | 17,629.88 | 38,162.82 | 56,795.89 | 60,663.04 |
129 | 57,238.88 | 40,889.51 | 22,337.74 | 54,376.94 | 17,735.53 | 19,683.85 | 19,683.85 | 17,721.85 | 38,432.76 | 57,238.88 | 61,134.92 |
130 | 57,681.88 | 41,195.29 | 22,450.92 | 54,797.79 | 17,825.63 | 19,814.58 | 19,814.58 | 17,813.82 | 38,702.70 | 57,681.88 | 61,606.79 |
131 | 58,124.87 | 41,501.07 | 22,564.12 | 55,218.63 | 17,915.74 | 19,945.32 | 19,945.32 | 17,905.79 | 38,972.65 | 58,124.87 | 62,078.65 |
132 | 58,567.87 | 41,806.85 | 22,677.30 | 55,639.48 | 18,005.84 | 20,076.06 | 20,076.06 | 17,997.76 | 39,242.58 | 58,567.87 | 62,550.53 |
133 | 59,010.87 | 42,112.63 | 22,790.49 | 56,060.32 | 18,095.94 | 20,206.79 | 20,206.79 | 18,089.73 | 39,512.53 | 59,010.87 | 63,022.41 |
134 | 59,453.86 | 42,418.40 | 22,903.68 | 56,481.17 | 18,186.04 | 20,337.53 | 20,337.53 | 18,181.70 | 39,782.47 | 59,453.86 | 63,494.28 |
135 | 59,896.86 | 42,724.19 | 23,016.87 | 56,902.01 | 18,276.14 | 20,468.27 | 20,468.27 | 18,273.66 | 40,052.42 | 59,896.86 | 63,966.15 |
136 | 60,339.86 | 43,029.97 | 23,130.07 | 57,322.86 | 18,366.24 | 20,599.01 | 20,599.01 | 18,365.63 | 40,322.36 | 60,339.86 | 64,438.02 |
137 | 60,782.85 | 43,335.75 | 23,243.25 | 57,743.70 | 18,456.34 | 20,729.74 | 20,729.74 | 18,457.60 | 40,592.30 | 60,782.85 | 64,909.90 |
138 | 61,225.85 | 43,641.53 | 23,356.44 | 58,164.56 | 18,546.44 | 20,860.48 | 20,860.48 | 18,549.57 | 40,862.24 | 61,225.85 | 65,381.77 |
139 | 61,668.84 | 43,947.30 | 23,469.63 | 58,585.40 | 18,636.54 | 20,991.22 | 20,991.22 | 18,641.54 | 41,132.19 | 61,668.84 | 65,853.64 |
140 | 62,111.84 | 44,253.09 | 23,582.82 | 59,006.25 | 18,726.64 | 21,121.95 | 21,121.95 | 18,733.52 | 41,402.13 | 62,111.84 | 66,325.52 |
141 | 62,554.83 | 44,558.86 | 23,696.01 | 59,427.09 | 18,816.74 | 21,252.69 | 21,252.69 | 18,825.48 | 41,672.07 | 62,554.83 | 66,797.38 |
142 | 62,997.82 | 44,864.65 | 23,809.20 | 59,847.94 | 18,906.84 | 21,383.43 | 21,383.43 | 18,917.46 | 41,942.01 | 62,997.82 | 67,269.26 |
143 | 63,440.83 | 45,170.43 | 23,922.38 | 60,268.79 | 18,996.95 | 21,514.17 | 21,514.17 | 19,009.43 | 42,211.96 | 63,440.83 | 67,741.13 |
144 | 63,883.82 | 45,476.21 | 24,035.58 | 60,689.64 | 19,087.05 | 21,644.90 | 21,644.90 | 19,101.39 | 42,481.89 | 63,883.82 | 68,213.00 |
145 | 64,326.82 | 45,781.99 | 24,148.77 | 61,110.47 | 19,177.15 | 21,775.64 | 21,775.64 | 19,193.36 | 42,751.84 | 64,326.82 | 68,684.88 |
146 | 64,769.82 | 46,087.77 | 24,261.95 | 61,531.33 | 19,267.25 | 21,906.38 | 21,906.38 | 19,285.32 | 43,021.78 | 64,769.82 | 69,156.75 |
147 | 65,212.81 | 46,393.55 | 24,375.15 | 61,952.17 | 19,357.35 | 22,037.11 | 22,037.11 | 19,377.30 | 43,291.72 | 65,212.81 | 69,628.62 |
148 | 65,655.81 | 46,699.32 | 24,488.33 | 62,373.03 | 19,447.45 | 22,167.85 | 22,167.85 | 19,469.27 | 43,561.66 | 65,655.81 | 70,100.49 |
149 | 66,098.81 | 47,005.10 | 24,601.52 | 62,793.86 | 19,537.55 | 22,298.59 | 22,298.59 | 19,561.24 | 43,831.61 | 66,098.81 | 70,572.37 |
150 | 66,541.80 | 47,310.89 | 24,714.71 | 63,214.71 | 19,627.65 | 22,429.33 | 22,429.33 | 19,653.21 | 44,101.54 | 66,541.80 | 71,044.25 |
151 | 66,984.79 | 47,616.67 | 24,827.90 | 63,635.56 | 19,717.75 | 22,560.06 | 22,560.06 | 19,745.18 | 44,371.49 | 66,984.79 | 71,516.11 |
152 | 67,427.79 | 47,922.44 | 24,941.09 | 64,056.41 | 19,807.85 | 22,690.80 | 22,690.80 | 19,837.15 | 44,641.43 | 67,427.79 | 71,987.98 |
153 | 67,870.78 | 48,228.23 | 25,054.28 | 64,477.25 | 19,897.95 | 22,821.54 | 22,821.54 | 19,929.12 | 44,911.37 | 67,870.78 | 72,459.86 |
154 | 68,313.78 | 48,534.00 | 25,167.46 | 64,898.10 | 19,988.05 | 22,952.27 | 22,952.27 | 20,021.09 | 45,181.32 | 68,313.78 | 72,931.73 |
155 | 68,756.78 | 48,839.79 | 25,280.66 | 65,318.94 | 20,078.16 | 23,083.01 | 23,083.01 | 20,113.05 | 45,451.26 | 68,756.78 | 73,403.61 |
156 | 69,199.78 | 49,145.56 | 25,393.84 | 65,739.79 | 20,168.26 | 23,213.74 | 23,213.74 | 20,205.02 | 45,721.20 | 69,199.78 | 73,875.48 |
157 | 69,642.77 | 49,451.34 | 25,507.03 | 66,160.63 | 20,258.36 | 23,344.49 | 23,344.49 | 20,297.00 | 45,991.14 | 69,642.77 | 74,347.34 |
158 | 70,085.77 | 49,757.13 | 25,620.22 | 66,581.48 | 20,348.46 | 23,475.22 | 23,475.22 | 20,388.96 | 46,261.09 | 70,085.77 | 74,819.22 |
159 | 70,528.77 | 50,062.91 | 25,733.41 | 67,002.33 | 20,438.56 | 23,605.96 | 23,605.96 | 20,480.93 | 46,531.02 | 70,528.77 | 75,291.10 |
160 | 70,971.76 | 50,368.69 | 25,846.61 | 67,423.17 | 20,528.66 | 23,736.70 | 23,736.70 | 20,572.91 | 46,800.97 | 70,971.76 | 75,762.97 |
161 | 71,414.76 | 50,674.46 | 25,959.79 | 67,844.02 | 20,618.76 | 23,867.43 | 23,867.43 | 20,664.87 | 47,070.91 | 71,414.76 | 76,234.84 |
162 | 71,857.75 | 50,980.24 | 26,072.98 | 68,264.86 | 20,708.86 | 23,998.17 | 23,998.17 | 20,756.85 | 47,340.85 | 71,857.75 | 76,706.71 |
163 | 72,300.74 | 51,286.02 | 26,186.17 | 68,685.72 | 20,798.96 | 24,128.91 | 24,128.91 | 20,848.82 | 47,610.79 | 72,300.74 | 77,178.59 |
164 | 72,743.74 | 51,591.80 | 26,299.36 | 69,106.56 | 20,889.06 | 24,259.64 | 24,259.64 | 20,940.78 | 47,880.74 | 72,743.74 | 77,650.46 |
165 | 73,186.74 | 51,897.59 | 26,412.55 | 69,527.40 | 20,979.16 | 24,390.38 | 24,390.38 | 21,032.75 | 48,150.67 | 73,186.74 | 78,122.33 |
166 | 73,629.73 | 52,203.37 | 26,525.74 | 69,948.25 | 21,069.26 | 24,521.12 | 24,521.12 | 21,124.72 | 48,420.62 | 73,629.73 | 78,594.21 |
167 | 74,072.73 | 52,509.14 | 26,638.92 | 70,369.10 | 21,159.36 | 24,651.85 | 24,651.85 | 21,216.69 | 48,690.56 | 74,072.73 | 79,066.07 |
168 | 74,515.73 | 52,814.93 | 26,752.12 | 70,789.95 | 21,249.46 | 24,782.59 | 24,782.59 | 21,308.66 | 48,960.50 | 74,515.73 | 79,537.95 |
169 | 74,958.72 | 53,120.70 | 26,865.30 | 71,210.79 | 21,339.56 | 24,913.33 | 24,913.33 | 21,400.63 | 49,230.44 | 74,958.72 | 80,009.83 |
170 | 75,401.72 | 53,426.48 | 26,978.49 | 71,631.63 | 21,429.66 | 25,044.06 | 25,044.06 | 21,492.60 | 49,500.39 | 75,401.72 | 80,481.69 |
171 | 75,844.72 | 53,732.26 | 27,091.68 | 72,052.49 | 21,519.76 | 25,174.81 | 25,174.81 | 21,584.57 | 49,770.33 | 75,844.72 | 80,953.57 |
172 | 76,287.71 | 54,038.04 | 27,204.87 | 72,473.33 | 21,609.86 | 25,305.54 | 25,305.54 | 21,676.54 | 50,040.28 | 76,287.71 | 81,425.44 |
173 | 76,730.70 | 54,343.83 | 27,318.06 | 72,894.18 | 21,699.96 | 25,436.28 | 25,436.28 | 21,768.51 | 50,310.22 | 76,730.70 | 81,897.32 |
174 | 77,173.70 | 54,649.60 | 27,431.25 | 73,315.02 | 21,790.06 | 25,567.02 | 25,567.02 | 21,860.48 | 50,580.16 | 77,173.70 | 82,369.19 |
175 | 77,616.70 | 54,955.38 | 27,544.44 | 73,735.87 | 21,880.16 | 25,697.75 | 25,697.75 | 21,952.44 | 50,850.10 | 77,616.70 | 82,841.06 |
176 | 78,059.69 | 55,261.16 | 27,657.63 | 74,156.71 | 21,970.26 | 25,828.49 | 25,828.49 | 22,044.41 | 51,120.05 | 78,059.69 | 83,312.94 |
177 | 78,502.69 | 55,566.94 | 27,770.82 | 74,577.56 | 22,060.36 | 25,959.23 | 25,959.23 | 22,136.39 | 51,389.98 | 78,502.69 | 83,784.80 |
178 | 78,945.69 | 55,872.72 | 27,884.00 | 74,998.40 | 22,150.47 | 26,089.96 | 26,089.96 | 22,228.35 | 51,659.93 | 78,945.69 | 84,256.68 |
179 | 79,388.68 | 56,178.50 | 27,997.20 | 75,419.25 | 22,240.57 | 26,220.70 | 26,220.70 | 22,320.32 | 51,929.87 | 79,388.68 | 84,728.55 |
180 | 79,831.68 | 56,484.28 | 28,110.38 | 75,840.09 | 22,330.67 | 26,351.44 | 26,351.44 | 22,412.30 | 52,199.81 | 79,831.68 | 85,200.42 |
181 | 80,274.68 | 56,790.07 | 28,223.58 | 76,260.94 | 22,420.77 | 26,482.17 | 26,482.17 | 22,504.26 | 52,469.75 | 80,274.68 | 85,672.30 |
182 | 80,717.67 | 57,095.84 | 28,336.77 | 76,681.78 | 22,510.87 | 26,612.91 | 26,612.91 | 22,596.24 | 52,739.70 | 80,717.67 | 86,144.17 |
183 | 81,160.67 | 57,401.62 | 28,449.95 | 77,102.64 | 22,599.68 | 26,743.65 | 26,743.65 | 22,688.21 | 53,009.63 | 81,160.67 | 86,616.04 |
184 | 81,603.66 | 57,707.40 | 28,563.15 | 77,523.48 | 22,688.43 | 26,874.38 | 26,874.38 | 22,780.17 | 53,279.58 | 81,603.66 | 87,087.91 |
185 | 82,046.65 | 58,013.18 | 28,676.33 | 77,944.32 | 22,777.18 | 27,005.13 | 27,005.13 | 22,872.14 | 53,549.52 | 82,046.65 | 87,559.79 |
186 | 82,489.66 | 58,318.96 | 28,789.52 | 78,365.17 | 22,865.93 | 27,135.86 | 27,135.86 | 22,964.11 | 53,819.46 | 82,489.66 | 88,031.67 |
187 | 82,932.65 | 58,624.74 | 28,902.71 | 78,786.02 | 22,954.68 | 27,266.60 | 27,266.60 | 23,056.08 | 54,089.40 | 82,932.65 | 88,503.53 |
188 | 83,375.65 | 58,930.52 | 29,015.90 | 79,206.87 | 23,043.43 | 27,397.34 | 27,397.34 | 23,148.05 | 54,359.35 | 83,375.65 | 88,975.40 |
189 | 83,818.64 | 59,236.30 | 29,129.09 | 79,627.71 | 23,132.18 | 27,528.06 | 27,528.06 | 23,240.02 | 54,629.29 | 83,818.64 | 89,447.28 |
190 | 84,261.64 | 59,542.08 | 29,242.28 | 80,048.55 | 23,220.93 | 27,658.81 | 27,658.81 | 23,331.99 | 54,899.23 | 84,261.64 | 89,919.15 |
191 | 84,704.64 | 59,847.86 | 29,355.46 | 80,469.41 | 23,309.68 | 27,789.55 | 27,789.55 | 23,423.96 | 55,169.18 | 84,704.64 | 90,391.03 |
192 | 85,147.63 | 60,153.64 | 29,468.66 | 80,890.25 | 23,398.43 | 27,920.28 | 27,920.28 | 23,515.94 | 55,439.11 | 85,147.63 | 90,862.90 |
193 | 85,590.63 | 60,459.41 | 29,581.84 | 81,311.10 | 23,487.18 | 28,051.02 | 28,051.02 | 23,607.90 | 55,709.06 | 85,590.63 | 91,334.76 |
194 | 86,033.62 | 60,765.20 | 29,695.03 | 81,731.94 | 23,575.92 | 28,181.76 | 28,181.76 | 23,699.87 | 55,979.00 | 86,033.62 | 91,806.64 |
195 | 86,476.61 | 61,070.98 | 29,808.22 | 82,152.79 | 23,664.67 | 28,312.49 | 28,312.49 | 23,791.84 | 56,248.94 | 86,476.61 | 92,278.52 |
196 | 86,919.61 | 61,376.76 | 29,921.41 | 82,573.64 | 23,753.42 | 28,443.23 | 28,443.23 | 23,883.80 | 56,518.88 | 86,919.61 | 92,750.39 |
197 | 87,362.61 | 61,682.54 | 30,034.60 | 82,994.48 | 23,842.17 | 28,573.96 | 28,573.96 | 23,975.78 | 56,788.83 | 87,362.61 | 93,222.26 |
198 | 87,805.60 | 61,988.32 | 30,147.79 | 83,415.33 | 23,930.92 | 28,704.70 | 28,704.70 | 24,067.75 | 57,058.76 | 87,805.60 | 93,694.13 |
199 | 88,248.61 | 62,294.10 | 30,260.97 | 83,836.17 | 24,019.67 | 28,835.45 | 28,835.45 | 24,159.72 | 57,328.71 | 88,248.61 | 94,166.01 |
200 | 88,691.60 | 62,599.87 | 30,374.17 | 84,257.02 | 24,108.42 | 28,966.17 | 28,966.17 | 24,251.69 | 57,598.65 | 88,691.60 | 94,637.88] |
Textual Amendments
F21Sch. 2 para. 7(2) table substituted (30.9.2022) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2022 (S.I. 2022/848), reg. 1(1), Sch. 2 para. 3 (with reg. 3) (as amended (31.10.2022) by The Criminal Legal Aid (Remuneration) (Amendment) (Amendment) (No. 2) Regulations 2022 (S.I. 2022/1035), regs. 1(1), 2(1)) (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.)
F22Sch. 2 para. 7(3) table substituted (31.3.2016) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2016 (S.I. 2016/313), reg. 1(1), Sch. 1 para. 2(b) (with reg. 5)
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—
the number of pages of prosecution evidence in the case; and
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.
[F23Class of Offence | PPE Range | Initial Fee (£) | Incremental fee per page of prosecution evidence (£) |
---|---|---|---|
A | 0-79 | £1,040.27 | 0 |
A | 80-249 | £1,040.27 | 10.70 |
A | 250-999 | £2,858.58 | 6.71 |
A | 1000-2799 | £7,893.59 | 3.92 |
A | 2800-4599 | £14,956.44 | 3.92 |
A | 4600-6399 | £22,019.30 | 3.11 |
A | 6400-8199 | £27,626.04 | 3.11 |
A | 8200-9999 | £33,232.78 | 3.11 |
A | 10000 | £38,836.40 | 0 |
B | 0-69 | £815.52 | 0 |
B | 70-249 | £815.52 | 7.83 |
B | 250-999 | £2,224.04 | 3.66 |
B | 1000-2799 | £4,970.93 | 2.44 |
B | 2800-4599 | £9,361.88 | 2.44 |
B | 4600-6399 | £13,752.83 | 2.05 |
B | 6400-8199 | £17,444.86 | 2.05 |
B | 8200-9999 | £21,136.87 | 2.05 |
B | 10000 | £24,826.83 | 0 |
C | 0-39 | £603.55 | 0 |
C | 40-249 | £603.55 | 3.92 |
C | 250-999 | £1,427.49 | 2.25 |
C | 1000-2799 | £3,111.78 | 1.43 |
C | 2800-4599 | £5,686.20 | 1.43 |
C | 4600-6399 | £8,260.61 | 1.43 |
C | 6400-8199 | £10,835.03 | 1.43 |
C | 8200-9999 | £13,409.46 | 1.43 |
C | 10000 | £15,982.45 | 0 |
D | 0-79 | £988.25 | 0 |
D | 80-249 | £988.25 | 10.14 |
D | 250-999 | £2,711.40 | 6.11 |
D | 1000-2799 | £7,292.66 | 3.61 |
D | 2800-4599 | £13,784.64 | 3.61 |
D | 4600-6399 | £20,276.61 | 2.96 |
D | 6400-8199 | £25,605.69 | 2.96 |
D | 8200-9999 | £30,930.77 | 2.96 |
D | 10000 | £36,254.88 | 0 |
E | 0-39 | £267.98 | 0 |
E | 40-249 | £267.98 | 4.60 |
E | 250-999 | £1,234.38 | 1.46 |
E | 1000-2799 | £2,326.49 | 0.61 |
E | 2800-4599 | £3,425.21 | 0.61 |
E | 4600-6399 | £4,523.92 | 0.61 |
E | 6400-8199 | £5,622.64 | 0.61 |
E | 8200-9999 | £6,721.36 | 0.61 |
E | 10000 | £7,819.46 | 0 |
F | 0-49 | £257.85 | 0 |
F | 50-249 | £257.85 | 4.42 |
F | 250-999 | £1,141.16 | 1.79 |
F | 1000-2799 | £2,484.02 | 0.70 |
F | 2800-4599 | £3,738.30 | 0.70 |
F | 4600-6399 | £4,992.57 | 0.70 |
F | 6400-8199 | £6,246.84 | 0.70 |
F | 8200-9999 | £7,501.12 | 0.70 |
F | 10000 | £8,754.69 | 0 |
G | 0-49 | £257.85 | 0 |
G | 50-249 | £257.85 | 4.42 |
G | 250-999 | £1,141.16 | 1.79 |
G | 1000-2799 | £2,484.02 | 0.70 |
G | 2800-4599 | £3,738.30 | 0.70 |
G | 4600-6399 | £4,992.57 | 0.70 |
G | 6400-8199 | £6,246.84 | 0.70 |
G | 8200-9999 | £7,501.12 | 0.70 |
G | 10000 | £8,754.69 | 0 |
H | 0-39 | £272.55 | 0 |
H | 40-249 | £272.55 | 4.26 |
H | 250-999 | £1,167.16 | 1.56 |
H | 1000-2799 | £2,333.75 | 0.70 |
H | 2800-4599 | £3,586.34 | 0.70 |
H | 4600-6399 | £4,838.92 | 0.70 |
H | 6400-8199 | £6,091.51 | 0.70 |
H | 8200-9999 | £7,344.10 | 0.70 |
H | 10000 | £8,595.99 | 0 |
I | 0-39 | £291.73 | 0 |
I | 40-249 | £291.73 | 5.92 |
I | 250-999 | £1,534.85 | 2.31 |
I | 1000-2799 | £3,269.96 | 0.90 |
I | 2800-4599 | £4,885.41 | 0.90 |
I | 4600-6399 | £6,500.84 | 0.90 |
I | 6400-8199 | £8,116.28 | 0.90 |
I | 8200-9999 | £9,731.72 | 0.90 |
I | 10000 | £11,346.25 | 0 |
J | 0-79 | £1,040.27 | 0 |
J | 80-249 | £1,040.27 | 10.70 |
J | 250-999 | £2,858.58 | 6.71 |
J | 1000-2799 | £7,893.59 | 3.92 |
J | 2800-4599 | £14,956.44 | 3.92 |
J | 4600-6399 | £22,019.30 | 3.11 |
J | 6400-8199 | £27,626.04 | 3.11 |
J | 8200-9999 | £33,232.78 | 3.11 |
J | 10000 | £38,836.40 | 0 |
K | 0-119 | £889.94 | 0 |
K | 120-249 | £889.94 | 6.55 |
K | 250-999 | £1,740.93 | 5.02 |
K | 1000-2799 | £5,505.06 | 4.39 |
K | 2800-4599 | £13,415.12 | 4.39 |
K | 4600-6399 | £21,325.20 | 3.75 |
K | 6400-8199 | £28,070.37 | 3.75 |
K | 8200-9999 | £34,815.54 | 3.75 |
K | 10000 | £41,556.97 | 0] |
Class of Offence | PPE Range | Initial Fee (£) | Incremental fee per page of prosecution evidence (£) |
---|---|---|---|
A | 0-79 | £782.45 | 0 |
A | 80-399 | £782.45 | 5.62 |
A | 400-999 | £2,580.35 | 2.96 |
A | 1000-2799 | £4,358.15 | 1.89 |
A | 2800-4599 | £7,768.95 | 1.89 |
A | 4600-6399 | £11,179.74 | 1.12 |
A | 6400-8199 | £13,192.66 | 1.12 |
A | 8200-9999 | £15,205.59 | 1.12 |
A | 10000 | £17,217.39 | 0 |
B | 0-69 | £639.53 | 0 |
B | 70-399 | £639.53 | 4.52 |
B | 400-999 | £2,130.01 | 2.28 |
B | 1000-2799 | £3,495.17 | 1.45 |
B | 2800-4599 | £6,109.34 | 1.45 |
B | 4600-6399 | £8,723.53 | 1.06 |
B | 6400-8199 | £10,638.77 | 1.06 |
B | 8200-9999 | £12,554.02 | 1.06 |
B | 10000 | £14,468.20 | 0 |
C | 0-39 | £509.35 | 0 |
C | 40-399 | £509.35 | 2.66 |
C | 400-999 | £1,468.32 | 1.46 |
C | 1000-2799 | £2,342.71 | 0.79 |
C | 2800-4599 | £3,766.37 | 0.79 |
C | 4600-6399 | £5,190.05 | 0.79 |
C | 6400-8199 | £6,613.72 | 0.79 |
C | 8200-9999 | £8,037.39 | 0.79 |
C | 10000 | £9,460.26 | 0 |
D | 0-79 | £743.31 | 0 |
D | 80-399 | £743.31 | 5.23 |
D | 400-999 | £2,417.61 | 2.75 |
D | 1000-2799 | £4,065.32 | 1.71 |
D | 2800-4599 | £7,143.15 | 1.71 |
D | 4600-6399 | £10,220.98 | 1.06 |
D | 6400-8199 | £12,133.93 | 1.06 |
D | 8200-9999 | £14,046.86 | 1.06 |
D | 10000 | £15,958.74 | 0 |
E | 0-39 | £212.40 | 0 |
E | 40-399 | £212.40 | 2.92 |
E | 400-999 | £1,264.94 | 1.25 |
E | 1000-2799 | £2,016.77 | 0.46 |
E | 2800-4599 | £2,847.40 | 0.46 |
E | 4600-6399 | £3,678.03 | 0.46 |
E | 6400-8199 | £4,508.66 | 0.46 |
E | 8200-9999 | £5,339.29 | 0.46 |
E | 10000 | £6,169.45 | 0 |
F | 0-49 | £225.18 | 0 |
F | 50-399 | £225.18 | 2.83 |
F | 400-999 | £1,217.10 | 0.99 |
F | 1000-2799 | £1,810.58 | 0.32 |
F | 2800-4599 | £2,383.44 | 0.32 |
F | 4600-6399 | £2,956.30 | 0.32 |
F | 6400-8199 | £3,529.15 | 0.32 |
F | 8200-9999 | £4,102.01 | 0.32 |
F | 10000 | £4,674.55 | 0 |
G | 0-49 | £225.18 | 0 |
G | 50-399 | £225.18 | 2.83 |
G | 400-999 | £1,217.10 | 0.99 |
G | 1000-2799 | £1,810.58 | 0.32 |
G | 2800-4599 | £2,383.44 | 0.32 |
G | 4600-6399 | £2,956.30 | 0.32 |
G | 6400-8199 | £3,529.15 | 0.32 |
G | 8200-9999 | £4,102.01 | 0.32 |
G | 10000 | £4,674.55 | 0 |
H | 0-39 | £219.62 | 0 |
H | 40-399 | £219.62 | 2.79 |
H | 400-999 | £1,225.24 | 0.99 |
H | 1000-2799 | £1,819.39 | 0.32 |
H | 2800-4599 | £2,388.50 | 0.32 |
H | 4600-6399 | £2,957.63 | 0.32 |
H | 6400-8199 | £3,526.75 | 0.32 |
H | 8200-9999 | £4,095.87 | 0.32 |
H | 10000 | £4,664.65 | 0 |
I | 0-39 | £200.79 | 0 |
I | 40-399 | £200.79 | 3.12 |
I | 400-999 | £1,324.71 | 1.36 |
I | 1000-2799 | £2,142.48 | 0.51 |
I | 2800-4599 | £3,059.21 | 0.51 |
I | 4600-6399 | £3,975.94 | 0.51 |
I | 6400-8199 | £4,892.67 | 0.51 |
I | 8200-9999 | £5,809.41 | 0.51 |
I | 10000 | £6,725.64 | 0 |
J | 0-79 | £782.45 | 0 |
J | 80-399 | £782.45 | 5.62 |
J | 400-999 | £2,580.35 | 2.96 |
J | 1000-2799 | £4,358.15 | 1.89 |
J | 2800-4599 | £7,768.95 | 1.89 |
J | 4600-6399 | £11,179.74 | 1.12 |
J | 6400-8199 | £13,192.66 | 1.12 |
J | 8200-9999 | £15,205.59 | 1.12 |
J | 10000 | £17,217.39 | 0 |
K | 0-119 | £736.97 | 0 |
K | 120-399 | £736.97 | 5.26 |
K | 400-999 | £2,209.26 | 2.93 |
K | 1000-2799 | £3,965.37 | 2.73 |
K | 2800-4599 | £8,871.68 | 2.73 |
K | 4600-6399 | £13,777.99 | 2.08 |
K | 6400-8199 | £17,519.41 | 2.08 |
K | 8200-9999 | £21,260.84 | 2.08 |
K | 10000 | £25,000.17 | 0] |
Textual Amendments
F23Sch. 2 para. 8(2) table substituted (30.9.2022) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2022 (S.I. 2022/848), reg. 1(1), Sch. 2 para. 4 (with reg. 3) (as amended (31.10.2022) by The Criminal Legal Aid (Remuneration) (Amendment) (Amendment) (No. 2) Regulations 2022 (S.I. 2022/1035), regs. 1(1), 2(1)) (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.)
F24Sch. 2 para. 8(2) table substituted (30.9.2022) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2022 (S.I. 2022/848), reg. 1(1), Sch. 2 para. 5 (with reg. 3) (as amended (31.10.2022) by The Criminal Legal Aid (Remuneration) (Amendment) (Amendment) (No. 2) Regulations 2022 (S.I. 2022/1035), regs. 1(1), 2(1)) (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.)
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—
the number of pages of prosecution evidence in the case; and
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.
[F25Class of Offence | PPE Range | Initial Fee (£) | Incremental fee per page of prosecution evidence (£) |
---|---|---|---|
A | 0-79 | £1687.72 | 0 |
A | 80-209 | £1,687.72 | 16.58 |
A | 210-699 | £3,842.68 | 12.66 |
A | 700-1049 | £10,045.05 | 10.62 |
A | 1050-1999 | £13,763.56 | 9.21 |
A | 2000-3599 | £22,515.56 | 8.42 |
A | 3600-5199 | £35,987.17 | 8.42 |
A | 5200-6799 | £49,458.78 | 8.42 |
A | 6800-8399 | £62,930.40 | 8.42 |
A | 8400-9999 | £76,402.01 | 8.42 |
A | 10000 | £89,865.20 | 0 |
B | 0-69 | £1,262.31 | 0 |
B | 70-199 | £1,262.31 | 12.81 |
B | 200-499 | £2,927.25 | 11.44 |
B | 500-899 | £6,360.03 | 9.63 |
B | 900-1299 | £10,212.86 | 8.09 |
B | 1300-1999 | £13,449.68 | 7.09 |
B | 2000-3299 | £18,414.16 | 7.09 |
B | 3300-4999 | £27,633.89 | 7.09 |
B | 5000-5999 | £39,690.47 | 7.09 |
B | 6000-7999 | £46,782.58 | 7.09 |
B | 8000-8999 | £60,966.79 | 7.09 |
B | 9000-9999 | £68,058.89 | 7.09 |
B | 10000 | £75,143.91 | 0 |
C | 0-39 | £850.53 | 0 |
C | 40-299 | £850.53 | 10.57 |
C | 300-799 | £3,597.48 | 9.23 |
C | 800-1249 | £8,212.68 | 7.73 |
C | 1250-1999 | £11,689.03 | 6.83 |
C | 2000-3199 | £16,811.87 | 4.72 |
C | 3200-4559 | £22,479.73 | 4.72 |
C | 4560-5919 | £28,903.32 | 4.72 |
C | 5920-7279 | £35,326.90 | 4.72 |
C | 7280-8639 | £41,750.48 | 4.72 |
C | 8640-9999 | £48,174.06 | 4.72 |
C | 10000 | £54,592.94 | 0 |
D | 0-79 | £1,603.33 | 0 |
D | 80-209 | £1,603.33 | 15.75 |
D | 210-699 | £3,650.54 | 12.03 |
D | 700-1049 | £9,542.80 | 10.09 |
D | 1050-1999 | £13,075.38 | 8.75 |
D | 2000-3599 | £21,389.78 | 8.00 |
D | 3600-5199 | £34,187.80 | 8.00 |
D | 5200-6799 | £46,985.83 | 8.00 |
D | 6800-8399 | £59,783.87 | 8.00 |
D | 8400-9999 | £72,581.90 | 8.00 |
D | 10000 | £85,371.93 | 0 |
E | 0-39 | £405.63 | 0 |
E | 40-69 | £405.63 | 9.52 |
E | 70-129 | £691.11 | 8.57 |
E | 130-599 | £1,205.49 | 8.29 |
E | 600-1349 | £5,102.65 | 5.44 |
E | 1350-2999 | £9,184.87 | 2.39 |
E | 3000-4749 | £13,125.68 | 2.39 |
E | 4750-6499 | £17,305.32 | 2.39 |
E | 6500-8249 | £21,484.95 | 2.39 |
E | 8250-9999 | £25,664.60 | 2.39 |
E | 10000 | £29,841.84 | 0 |
F | 0-49 | £411.24 | 0 |
F | 50-229 | £411.24 | 7.31 |
F | 230-699 | £1,726.85 | 6.96 |
F | 700-1399 | £5,000.28 | 5.60 |
F | 1400-1949 | £8,919.44 | 4.32 |
F | 1950-3549 | £11,296.01 | 2.16 |
F | 3550-5149 | £14,744.05 | 2.16 |
F | 5150-6749 | £18,194.09 | 2.16 |
F | 6750-8349 | £21,643.13 | 2.16 |
F | 8350-9999 | £25,092.17 | 2.16 |
F | 10000 | £28,646.85 | 0 |
G | 0-49 | £411.24 | 0 |
G | 50-229 | £411.24 | 7.31 |
G | 230-699 | £1,726.85 | 6.96 |
G | 700-1399 | £5,000.28 | 5.60 |
G | 1400-1949 | £8,919.44 | 4.32 |
G | 1950-3549 | £11,296.01 | 2.16 |
G | 3550-5149 | £14,744.05 | 2.16 |
G | 5150-6749 | £18,194.09 | 2.16 |
G | 6750-8349 | £21,643.13 | 2.16 |
G | 8350-9999 | £25,092.17 | 2.16 |
G | 10000 | £28,646.85 | 0 |
H | 0-39 | £411.41 | 0 |
H | 40-249 | £411.41 | 8.60 |
H | 250-619 | £2,216.58 | 7.15 |
H | 620-1299 | £4,861.45 | 5.31 |
H | 1300-2999 | £8,472.40 | 4.21 |
H | 3000-4999 | £15,637.25 | 2.27 |
H | 5000-5999 | £20,183.50 | 2.27 |
H | 6000-6999 | £22,456.56 | 2.27 |
H | 7000-7999 | £24,729.69 | 2.27 |
H | 8000-8999 | £27,002.81 | 2.27 |
H | 9000-9999 | £29,275.94 | 2.27 |
H | 10000 | £31,546.79 | 0 |
I | 0-39 | £411.06 | 0 |
I | 40-369 | £411.06 | 9.14 |
I | 370-799 | £3,427.28 | 9.09 |
I | 800-1299 | £7,336.05 | 8.99 |
I | 1300-2699 | £11,832.64 | 7.08 |
I | 2700-4199 | £21,751.25 | 3.04 |
I | 4200-5359 | £26,318.14 | 3.04 |
I | 5360-6519 | £29,849.87 | 3.04 |
I | 6520-7679 | £33,381.59 | 3.04 |
I | 7680-8839 | £36,913.33 | 3.04 |
I | 8840-9999 | £40,445.05 | 3.04 |
I | 10000 | £43,973.73 | 0 |
J | 0-79 | £1,687.72 | 0 |
J | 80-209 | £1,687.72 | 16.58 |
J | 210-699 | £3,842.68 | 12.66 |
J | 700-1049 | £10,045.05 | 10.62 |
J | 1050-1999 | £13,763.56 | 9.21 |
J | 2000-3599 | £22,515.56 | 8.42 |
J | 3600-5199 | £35,987.17 | 8.42 |
J | 5200-6799 | £49,458.78 | 8.42 |
J | 6800-8399 | £62.930.40 | 8.42 |
J | 8400-9999 | £76,402.01 | 8.42 |
J | 10000 | £89,865.20 | 0 |
K | 0-119 | £1,186.59 | 0 |
K | 120-734 | £1,186.59 | 8.66 |
K | 735-1289 | £6,510.83 | 8.72 |
K | 1290-2399 | £11,348.44 | 8.87 |
K | 2400-4499 | £21,197.30 | 8.84 |
K | 4500-7999 | £39,760.51 | 8.84 |
K | 8000-8399 | £70,699.17 | 8.84 |
K | 8400-8799 | £74,235.01 | 8.84 |
K | 8800-9199 | £77,770.85 | 8.84 |
K | 9200-9599 | £81,306.71 | 8.84 |
K | 9600-9999 | £84,842.55 | 8.84 |
K | 10000 | £88,369.56 | 0] |
Textual Amendments
F25Sch. 2 para. 9(2) table substituted (30.9.2022) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2022 (S.I. 2022/848), reg. 1(1), Sch. 2 para. 6 (with reg. 3) (as amended (31.10.2022) by The Criminal Legal Aid (Remuneration) (Amendment) (Amendment) (No. 2) Regulations 2022 (S.I. 2022/1035), regs. 1(1), 2(1)) (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.)
Textual Amendments
F26Sch. 2 Pt. 3 omitted (30.9.2022) by virtue of The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2022 (S.I. 2022/848), reg. 1(1), Sch. 2 para. 7 (with reg. 3) (as amended (31.10.2022) by The Criminal Legal Aid (Remuneration) (Amendment) (Amendment) (No. 2) Regulations 2022 (S.I. 2022/1035), regs. 1(1), 2(1)) (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.)
F2610. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2611. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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);
F27(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) F28...
Total number of defendants represented by litigator | Percentage uplift to total fee |
---|---|
2-4 | 20% |
5+ | 30% |
Textual Amendments
F27Sch. 2 para. 12(3)(e) omitted (30.9.2022) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2022 (S.I. 2022/848), reg. 1(1), Sch. 2 para. 8 (with reg. 3) (as amended (31.10.2022) by The Criminal Legal Aid (Remuneration) (Amendment) (Amendment) (No. 2) Regulations 2022 (S.I. 2022/1035), regs. 1(1), 2(1)) (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.)
F28Sch. 2 para. 12(4) omitted (30.9.2022) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2022 (S.I. 2022/848), reg. 1(1), Sch. 2 para. 9 (with reg. 3) (as amended (31.10.2022) by The Criminal Legal Aid (Remuneration) (Amendment) (Amendment) (No. 2) Regulations 2022 (S.I. 2022/1035), regs. 1(1), 2(1)) (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.)
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—
[F29(a)in a case to which Part 1A applies, the fixed fee determined in accordance with paragraph 3AA;]
(b)in a trial [F30in 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 [F31paragraph 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, F32... the final fee as calculated in accordance with paragraph 8(2);
(d)in a trial [F33in 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 [F31paragraph 5], the final fee, as calculated in accordance with paragraph 9(2);
F34(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.
F35(10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F36(11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(12) A litigator may not be treated both as an original litigator and as a new litigator in a case.
Scenario | Percentage of the total fee | Case type to be used to determine total fee | Claim period [F37(where Part 2 applies)] |
---|---|---|---|
Cracked trial before retrial, where there is no change of litigator | 25% | Cracked trial | |
Retrial where there is no change of litigator | 25% | Trial | |
[F38Transfer at or before the first hearing at which the assisted person enters a plea] (original litigator) | 25% | Cracked trial | |
[F38Transfer at or before the first hearing at which the assisted person enters a plea] – guilty plea (new litigator) | 100% | Guilty plea | |
[F38Transfer at or before the first hearing at which the assisted person enters a plea] – cracked trial (new litigator) | 100% | Cracked trial | |
[F38Transfer 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% | Trial | Claim up to and including the day before the transfer |
During trial transfer (new litigator) | 50% | Trial | Claim 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 appropriate | Claim 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% | Trial | Claim 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% | Trial | Claim for the full retrial length |
Transfer during retrial (original litigator) | 25% | Trial | Claim up to and including the day before the transfer |
Transfer during retrial (new litigator) | 50% | Trial | Claim for the full retrial length |
Transfer after retrial or cracked retrial and before sentencing hearing (original litigator) | 25% | Trial or Cracked trial as appropriate | Claim for the full retrial length, excluding the length of the sentencing hearing |
Transfer after retrial or cracked retrial and before sentencing hearing (new litigator | 10% | Trial | Claim for one day or for the length of the sentencing hearing if longer than one day. |
Textual Amendments
F29Sch. 2 para. 13(7)(a) substituted (1.4.2016) by The Criminal Legal Aid (Remuneration etc.) (Amendment) Regulations 2015 (S.I. 2015/1369), regs. 1(2)(b), 6(7)(n)(i) (with reg. 2(2)) (as amended by S.I. 2015/2049, reg. 2)
F30Words in Sch. 2 para. 13(7)(b) inserted (1.4.2016) by The Criminal Legal Aid (Remuneration etc.) (Amendment) Regulations 2015 (S.I. 2015/1369), regs. 1(2)(b), 6(7)(n)(iii) (with reg. 2(2)) (as amended by S.I. 2015/2049, reg. 2)
F31Words in Sch. 2 para. 13(7)(b)(d) substituted (1.4.2016) by The Criminal Legal Aid (Remuneration etc.) (Amendment) Regulations 2015 (S.I. 2015/1369), regs. 1(2)(b), 6(7)(g)(iv) (with reg. 2(2)) (as amended by S.I. 2015/2049, reg. 2)
F32Words in Sch. 2 para. 13(7)(c) 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)(n)(ii) (with reg. 2(2)) (as amended by S.I. 2015/2049, reg. 2)
F33Words in Sch. 2 para. 13(7)(d) inserted (1.4.2016) by The Criminal Legal Aid (Remuneration etc.) (Amendment) Regulations 2015 (S.I. 2015/1369), regs. 1(2)(b), 6(7)(n)(iii) (with reg. 2(2)) (as amended by S.I. 2015/2049, reg. 2)
F34Sch. 2 para. 13(7)(e) omitted (30.9.2022) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2022 (S.I. 2022/848), reg. 1(1), Sch. 2 para. 10 (with reg. 3) (as amended (31.10.2022) by The Criminal Legal Aid (Remuneration) (Amendment) (Amendment) (No. 2) Regulations 2022 (S.I. 2022/1035), regs. 1(1), 2(1)) (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.)
F35Sch. 2 para. 13(10) omitted (30.9.2022) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2022 (S.I. 2022/848), reg. 1(1), Sch. 2 para. 11 (with reg. 3) (as amended (31.10.2022) by The Criminal Legal Aid (Remuneration) (Amendment) (Amendment) (No. 2) Regulations 2022 (S.I. 2022/1035), regs. 1(1), 2(1)) (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.)
F36Sch. 2 para. 13(11) omitted (30.9.2022) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2022 (S.I. 2022/848), reg. 1(1), Sch. 2 para. 12 (with reg. 3) (as amended (31.10.2022) by The Criminal Legal Aid (Remuneration) (Amendment) (Amendment) (No. 2) Regulations 2022 (S.I. 2022/1035), regs. 1(1), 2(1)) (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.)
F37Words in Sch. 2 para. 13(12) inserted (1.4.2016) by The Criminal Legal Aid (Remuneration etc.) (Amendment) Regulations 2015 (S.I. 2015/1369), regs. 1(2)(b), 6(7)(n)(iv) (with reg. 2(2)) (as amended by S.I. 2015/2049, reg. 2)
F38Words in Sch. 2 para. 13 substituted (5.10.2015) by The Civil and Criminal Legal Aid (Amendment) (No.2) Regulations 2015 (S.I. 2015/1678), regs. 1(2)(a), 5(12)(b)
14.—F39(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
F39Sch. 2 para. 14(1) omitted (30.9.2022) by virtue of The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2022 (S.I. 2022/848), reg. 1(1), Sch. 2 para. 13 (with reg. 3) (as amended (31.10.2022) by The Criminal Legal Aid (Remuneration) (Amendment) (Amendment) (No. 2) Regulations 2022 (S.I. 2022/1035), regs. 1(1), 2(1)) (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.)
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.
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 M3 (variation and discharge of orders under section 1C);
(b)[F40section 385 of the Sentencing Code] (alteration of Crown Court sentence);
(c)[F41section 387 or 388 of the Sentencing Code] (assistance by defendant: review of sentence).
Textual Amendments
F40Words 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
F41Words 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
M31998 c. 37. Section 1CA was inserted by section 140 of the Serious Organised Crime and Police Act 2005 (c. 15).
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.
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.
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.
Types of proceedings | Paragraph providing for fee | Fee payable – (£ per proceedings) |
---|---|---|
Appeal against sentence from a magistrates’ court | 15 | 178.62 |
Appeal against conviction from a magistrates’ court | 15 | 401.89 |
Committal for sentence | 15 | 267.93 |
Hearing subsequent to sentence | 16 | 178.62 |
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 Order | 18(2) | 89.31] |
Textual Amendments
F42Sch. 2 para. 19 table substituted (30.9.2022) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2022 (S.I. 2022/848), reg. 1(1), Sch. 2 para. 14 (with reg. 3) (as amended (31.10.2022) by The Criminal Legal Aid (Remuneration) (Amendment) (Amendment) (No. 2) Regulations 2022 (S.I. 2022/1035), regs. 1(1), 2(1)) (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.)
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 [F436,000],
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
F43Word in Sch. 2 para. 20(1)(b) substituted (1.12.2017) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2017 (S.I. 2017/1019), regs. 1, 2(5) (with reg. 3)
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.
[F45(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.]
[F47(2A) The basic consideration fee in sub-paragraph (2) is [F48£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
F44Sch. 2 para. 20A inserted (17.9.2020) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2020 (S.I. 2020/903), regs. 1(2), 5(3) (with reg. 7)
F45Sch. 2 para. 20A(2) substituted (19.2.2021) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2021 (S.I. 2021/80), regs. 1, 2(3)(a) (with reg. 3)
F46 Sch. 2 para. 20A table omitted (19.2.2021) by virtue of The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2021 (S.I. 2021/80), regs. 1, 2(3)(b) (with reg. 3)
F47Sch. 2 para. 20A(2A) inserted (19.2.2021) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2021 (S.I. 2021/80), regs. 1, 2(3)(c) (with reg. 3)
F48Sum in Sch. 2 para. 20A(2A) substituted (30.9.2022) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2022 (S.I. 2022/848), reg. 1(1), Sch. 2 para. 15 (with reg. 3)
21.—[F50(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 M4 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 [F511998] F52... 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.
F53(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6) Where, at [F54or 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
F49Words in Sch. 2 para. 21 heading 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(9)(a) (with reg. 10(1))
F50Sch. 2 para. 21(1) substituted (5.10.2015) by The Civil and Criminal Legal Aid (Amendment) (No.2) Regulations 2015 (S.I. 2015/1678), regs. 1(2)(a), 5(9)(b) (with reg. 10(1))
F51Word in Sch. 2 para. 21(4) substituted (5.10.2015) by The Civil and Criminal Legal Aid (Amendment) (No.2) Regulations 2015 (S.I. 2015/1678), regs. 1(2)(a), 5(12)(c)(i)
F52Words in Sch. 2 para. 21(4) 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(10)(b) (with reg. 10(1))
F53Sch. 2 para. 21(5) 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(12)(c)(ii)
F54Words in Sch. 2 para. 21(6) substituted (5.10.2015) by The Civil and Criminal Legal Aid (Amendment) (No.2) Regulations 2015 (S.I. 2015/1678), regs. 1(2)(a), 5(12)(c)(iii)
Marginal Citations
M4S.I. 2005/902 as amended by S.I. 2012/1345.
22.—F55(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
F56(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F57(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Total number of defendants represented by litigator | Percentage uplift to total fee |
---|---|
2-4 | 20% |
5+ | 30% |
Textual Amendments
F55Sch. 2 para. 22(1) omitted (30.9.2022) by virtue of The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2022 (S.I. 2022/848), reg. 1(1), Sch. 2 para. 16 (with reg. 3) (as amended (31.10.2022) by The Criminal Legal Aid (Remuneration) (Amendment) (Amendment) (No. 2) Regulations 2022 (S.I. 2022/1035), regs. 1(1), 2(1)) (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.)
F56Sch. 2 para. 22(3)(c) omitted (30.9.2022) by virtue of The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2022 (S.I. 2022/848), reg. 1(1), Sch. 2 para. 17 (with reg. 3) (as amended (31.10.2022) by The Criminal Legal Aid (Remuneration) (Amendment) (Amendment) (No. 2) Regulations 2022 (S.I. 2022/1035), regs. 1(1), 2(1)) (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.)
F57Sch. 2 para. 22(4) omitted (30.9.2022) by virtue of The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2022 (S.I. 2022/848), reg. 1(1), Sch. 2 para. 18 (with reg. 3) (as amended (31.10.2022) by The Criminal Legal Aid (Remuneration) (Amendment) (Amendment) (No. 2) Regulations 2022 (S.I. 2022/1035), regs. 1(1), 2(1)) (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.)
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 M5 (“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 [F58the 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 [F58the 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
F58Words in Sch. 2 para. 23(2) substituted (5.10.2015) by The Civil and Criminal Legal Aid (Amendment) (No.2) Regulations 2015 (S.I. 2015/1678), regs. 1(2)(a), 5(8)(b)
Marginal Citations
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.
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 M6 (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
M61964 c. 84, as amended by section 2 of the Criminal Procedure (Insanity and Unfitness to Plead) Act 1991 (c. 25) and section 22 of the Domestic Violence Crime and Victims Act 2004 (c. 28).
26.—(1) This paragraph applies to—
(a)proceedings under Part 2 of the Proceeds of Crime Act 2002 M7 (confiscation: England and Wales);
(b)proceedings under section 2 of the Drug Trafficking Act 1994 M8 (confiscation orders); and
(c)proceedings under section 71 of the Criminal Justice Act 1988 M9 (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.
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—
[F59Class of work | Grade of fee earner | Rate | Variations |
---|---|---|---|
Preparation | Senior 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 hours | Senior 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 instructed | Senior 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 waiting | Senior 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
F59Sch. 2 para. 27 table substituted (30.9.2022) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2022 (S.I. 2022/848), reg. 1(1), Sch. 2 para. 19 (with reg. 3) (as amended (31.10.2022) by The Criminal Legal Aid (Remuneration) (Amendment) (Amendment) (No. 2) Regulations 2022 (S.I. 2022/1035), regs. 1(1), 2(1)) (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.)
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.
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 [F60LGFS] 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
F60Word in Sch. 2 para. 29(1) inserted (1.4.2018) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2018 (S.I. 2018/220), regs. 1, 31(4) (with reg. 34)
Textual Amendments
F61Sch. 1 Pt. 7 renumbered as Sch. 2 Pt. 7 (1.4.2018) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2018 (S.I. 2018/220), regs. 1, 30 (with reg. 34)
F62Word in Sch. 2 Pt. 7 heading inserted (1.4.2018) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2018 (S.I. 2018/220), regs. 1, 31(5) (with reg. 34)
Offence | Contrary to | Year and Chapter |
---|---|---|
Class A: Homicide and related grave offences | ||
Murder | Common law | |
Manslaughter | Common law | |
Soliciting to commit murder | Offences against the Person Act 1861, s.4 | 1861 c. 100 |
Child destruction | Infant Life (Preservation) Act 1929, s.1(1) | 1929 c. 34 |
Infanticide | Infanticide Act 1938, s.1(1) | 1938 c. 36 |
Causing explosion likely to endanger life or property | Explosive Substances Act 1883, s.2 | 1883 c. 3 |
Attempt to cause explosion, making or keeping explosives etc. | Explosive Substances Act 1883, s.3 | As above |
Class B: Offences involving serious violence or damage, and serious drug offences | ||
Endangering the safety of an aircraft | Aviation 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 |
Kidnapping | Common law | |
False imprisonment | Common law | |
Aggravated criminal damage | Criminal Damage Act 1971, s.1(2) | 1971 c. 48 |
Aggravated arson | Criminal 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 life | Firearms Act 1968, s.16 | 1968 c. 27 |
Use of firearm to resist arrest | Firearms Act 1968, s.17 | As above |
Possession of firearm with criminal intent | Firearms Act 1968, s.18 | As above |
Possession or acquisition of certain prohibited weapons etc. | Firearms Act 1968, s.5 | As above |
Aggravated burglary | Theft Act 1968, s.10 | 1968 c. 60 |
Armed robbery | Theft Act 1968, s.8(1) | As above |
Assault with weapon with intent to rob | Theft Act 1968, s.8(2) | As above |
Blackmail | Theft Act 1968, s.21 | As above |
Riot | Public Order Act 1986, s.1 | 1986 c. 64 |
Violent disorder | Public Order Act 1986, s.2 | As above |
Contamination of good with intent | Public Order Act 1986, s.38 | As above |
Causing death by dangerous driving | Road Traffic Act 1988, s.1 | 1988 c. 52 |
Causing death by careless driving while under the influence of drink or drugs | Road Traffic Act 1988, s.3A | As above |
Aggravated vehicle taking resulting in death | Theft Act 1968, s.12A | 1968 c. 60 |
Causing danger to road users | Road Traffic Act 1988, s.22A | 1988 c. 52 |
Attempting to choke, suffocate, strangle etc. | Offences against the Person Act 1861, s.21 | 1861 c. 100 |
Causing miscarriage by poison, instrument | Offences against the Person Act 1861, s.58 | As above |
Making threats to kill | Offences against the Person Act 1861, s.16 | As above |
Wounding or grievous bodily harm with intent to cause grievous bodily harm etc. | Offences against the Person Act 1861, s.18 | As above |
Endangering the safety of railway passengers | Offences against the Person Act 1861, ss. 32, 33, 34 | As above |
Impeding persons endeavouring to escape wrecks | Offences against the Person Act 1861, s.17 | As above |
Administering chloroform, laudanum etc. | Offences against the Person Act 1861, s.22 | As above |
Administering poison etc. so as to endanger life | Offences against the Person Act 1861, s.23 | As above |
Cruelty to persons under 16 | Children and Young Persons Act 1933, s.1 | 1933 c. 12 |
Aiding and abetting suicide | Suicide Act 1961, s.2 | 1961 c. 60 |
Prison mutiny | Prison Security Act 1992, s.1 | 1992 c. 25 |
Assaulting prison officer whilst possessing firearm etc. | Criminal Justice Act 1991, s.90 | 1991 c. 53 |
Producing or supplying a Class A or B drug | Misuse of Drugs Act 1971, s.4 | 1971 c. 38 |
Possession of a Class A or B drug with intent to supply | Misuse of Drugs Act 1971, s.5(3) | As above |
Manufacture and supply of scheduled substances | Criminal Justice (International Co-operation) Act 1990, s.12 | 1990 c. 5 |
Fraudulent evasion of controls on Class A and B drugs | Customs and Excise Management Act 1979, s.170(2)(b), (c) | 1979 c. 2 |
Illegal importation of Class A and B drugs | Customs and Excise Management Act 1979, s.50 | As above |
Offences in relation to proceeds of drug trafficking | Drug Trafficking Act 1994, ss. 49, 50, 51 | 1994 c. 37 |
Offences in relation to money laundering investigations | Drug Trafficking Act 1994, ss. 52, 53 | As above |
Practitioner contravening drug supply regulations | Misuse of Drugs Act 1971, ss. 12, 13 | 1971 c. 38 |
Cultivation of cannabis plant | Misuse of Drugs Act 1971, s.6 | As above |
Occupier knowingly permitting drugs offences etc. | Misuse of Drugs Act 1971, s.8 | As above |
Activities relating to opium | Misuse of Drugs Act 1971, s.9 | As above |
Drug trafficking offences at sea | Criminal Justice (International Co-operation) Act 1990, s.18 | 1990 c. 5 |
Firing on Revenue vessel | Customs and Excise Management Act 1979, s.85 | 1979 c. 2 |
Making or possession of explosive in suspicious circumstances | Explosive Substances Act 1883, s.4(1) | 1883 c. 3 |
Causing bodily injury by explosives | Offences against the Person Act 1861, s.28 | 1861 c. 100 |
Using explosive or corrosives with intent to cause grievous bodily harm | Offences against the Person Act 1861, s.29 | As above |
Hostage taking | Taking of Hostages Act 1982, s.1 | 1982 c. 28 |
Offences against international protection of nuclear material | Nuclear Material (Offences) Act 1983, s.2 | 1983 c. 18 |
Placing explosives with intent to cause bodily injury | Offences against the Person act 1861, s.30 | 1861 c. 100 |
Membership of proscribed organisations | Terrorism Act 2000, s.11 | 2000 c. 11 |
Support or meeting of proscribed organisations | Terrorism Act 2000, s.12 | As above |
Uniform of proscribed organisations | Terrorism Act 2000, s.13 | As above |
Fund raising for terrorism | Terrorism Act 2000, s.15 | As above |
Other offences involving money or property to be used for terrorism | Terrorism Act 2000, ss.16-18 | As above |
Disclosure prejudicing, or interference of material relevant to, investigation of terrorism | Terrorism Act 2000, s.39 | As above |
Weapons training | Terrorism Act 2000, s.54 | As above |
Directing terrorist organisation | Terrorism Act 2000, s.56 | As above |
Possession of articles for terrorist purposes | Terrorism Act 2000, s.57 | As above |
Unlawful collection of information for terrorist purposes | Terrorism Act 2000, s.58 | As above |
Incitement of terrorism overseas | Terrorism Act 2000, s.59 | As above |
Concealing criminal property | Proceeds of Crime Act 2002, s.327 | 2002 c. 29 |
Involvement in arrangements facilitating the acquisition, retention, use or control of criminal property | Proceeds of Crime Act 2002, s.328 | As above |
Acquisition, use or possession of criminal property | Proceeds of Crime Act 2002, s.329 | As above |
Failure to disclose knowledge or suspicion of money laundering: regulated sector | Proceeds of Crime Act 2002, s.330 | As above |
Failure to disclose knowledge or suspicion of money laundering: nominated officers in the regulated sector | Proceeds of Crime Act 2002, s.331 | As above |
Failure to disclose knowledge or suspicion of money laundering: other nominated officers | Proceeds of Crime Act 2002, s.332 | As above |
Tipping off | Proceeds of Crime Act 2002, s.333 | As above |
Disclosure under sections 330, 331, 332 or 333 of the Proceeds of Crime Act 2002 otherwise than in the form and manner prescribed | Proceeds of Crime Act 2002, s.339(1A) | As above |
Causing or allowing the death of a child | Domestic Violence, Crime and Victims Act 2004, s.5 | 2004 c. 28 |
Class C: Lesser offences involving violence or damage and less serious drugs offences | ||
Racially aggravated assault | Crime and Disorder Act 1998, s.29(1) | 1998 c. 37 |
Racially aggravated criminal damage | Crime and Disorder Act 1998, s.30(1) | As above |
Robbery (other than armed robbery) | Theft Act 1968, s.8(1) | 1968 c. 60 |
Unlawful wounding | Offences against the Person Act 1861, s.20 | 1861 c. 100 |
Assault occasioning actual bodily harm | Offences against the Person Act 1861, s.47 | As above |
Concealment of birth | Offences against the Person Act 1861, s.60 | As above |
Abandonment of children under two | Offences against the Person Act 1861, s.27 | As above |
Arson (other than aggravated arson) where value does not exceed £30,000 | Criminal 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 certificate | Firearms Act 1968 s.1 | 1968 c. 27 |
Carrying loaded firearm in public place | Firearms Act 1968, s.19 | As above |
Trespassing with a firearm | Firearms Act 1968, s.20 | As above |
Shortening of shotgun or possession of shortened shotgun | Firearms Act 1968 s.4 | As above |
Shortening of smooth bore gun | Firearms Amendment Act 1988, s.6(1) | 1988 c. 45 |
Possession or acquisition of shotgun without certificate | Firearms Act 1968, s.2 | 1968 c. 27 |
Possession of firearms by person convicted of crime | Firearms Act 1968, s.21(4) | As above |
Acquisition by or supply of firearms to person denied them | Firearms Act 1968, s.21(5) | As above |
Dealing in firearms | Firearms Act 1968, s.3 | As above |
Failure to comply with certificate when transferring firearm | Firearms Act 1968, s.42 | As above |
Permitting an escape | Common law | |
Rescue | Common law | |
Escape from lawful custody without force | Common law | |
Breach of prison | Common law | |
Harbouring escaped prisoners | Criminal Justice Act 1961, s.22 | 1961 c. 39 |
Assisting prisoners to escape | Prison Act 1952, s.39 | 1952 c. 52 |
Fraudulent evasion of agricultural levy | Customs and Excise Management Act 1979, s.68A(1) and (2) | 1979 c. 2 |
Offender armed or disguised | Customs and Excise Management Act 1979, s.86 | As above |
Making threats to destroy or damage property | Criminal Damage Act 1971, s.2 | 1971 c. 48 |
Possessing anything with intent to destroy or damage property | Criminal Damage Act 1971, s.3 | As above |
Child abduction by connected person | Child Abduction Act 1984, s.1 | 1984 c. 37 |
Child abduction by other person | Child Abduction Act 1984, s.2 | As above |
Bomb hoax | Criminal Law Act 1977, s.51 | 1977 c. 45 |
Producing or supplying Class C drug | Misuse of Drugs Act 1971, s.4 | 1971 c. 38 |
Possession of a Class C drug with intent to supply | Misuse of Drugs Act 1971 s.5(3) | As above |
Fraudulent evasion of controls on Class C drugs | Customs and Excise Management Act 1979, s.170(2)(b),(c) | 1979 c. 2 |
Illegal importation of Class C drugs | Customs and Excise Management Act 1979, s.50 | As above |
Possession of Class A drug | Misuse of Drugs Act 1971, s.5(2) | 1971 c. 38 |
Failure to disclose knowledge or suspicion of money laundering | Drug Trafficking Offences Act 1986, s.26B | 1986 c. 32 |
Tipping off in relation to money laundering investigations | Drug Trafficking Offences Act 1986, s.26C | As above |
Assaults on officers saving wrecks | Offences against the Person Act 1861, s.37 | 1861 c. 100 |
Attempting to injure or alarm the Sovereign | Treason Act 1842, s.2 | 1842 c. 51 |
Assisting illegal entry or harbouring persons | Immigration Act 1971, s.25 | 1971 c. 77 |
Administering poison with intent to injure etc. | Offences against the Person Act 1861, s.24 | 1861 c. 100 |
Neglecting to provide food for or assaulting servants etc. | Offences against the Person Act 1861, s.26 | As above |
Setting spring guns with intent to inflict grievous bodily harm | Offences against the Person Act 1861, s.31 | As above |
Supplying instrument etc. to cause miscarriage | Offences against the Person Act 1861, s.59 | As above |
Failure to disclose information about terrorism | Terrorism Act 2000, s.19 | 2000 c. 11 |
Circumcision of females | Prohibition of Female Circumcision Act 1985, s.1 | 1985 c. 38 |
Breaking or injuring submarine telegraph cables | Submarine Telegraph Act 1885, s.3 | 1885 c. 49 |
Failing to keep dogs under proper control resulting in injury | Dangerous Dogs Act 1991, s.3 | 1991 c. 65 |
Making gunpowder etc. to commit offences | Offences against the Person Act 1861, s.64 | 1861 c. 100 |
Stirring up racial hatred | Public Order Act 1986, ss.18-23 | 1986 c. 64 |
Class D: Sexual offences and offences against children | ||
Administering drugs to obtain intercourse | Sexual Offences Act 1956, s.4 | 1956 c. 69 |
Procurement of a defective | Sexual Offences Act 1956, s.9 | As above |
Incest other than by man with a girl under 13 | Sexual Offences Act 1956, s.10, 11 | As above |
Gross indecency between male of 21 or over and male under 16 | Sexual Offences Act 1956, s.13 | As above |
Indecent assault on a woman | Sexual Offences Act 1956, s.14 | As above |
Indecent assault on a man | Sexual Offences Act 1956, s.15 | As above |
Abuse of position of trust | Sexual Offences (Amendment) Act 2000, s.3 | 2000 c. 44 |
Man living on earnings of prostitution | Sexual Offences Act 1956, s.30 | 1956 c. 69 |
Woman exercising control over prostitute | Sexual Offences Act 1956, s.31 | As above |
Living on earnings of male prostitution | Sexual Offences Act 1967, s.5 | 1967 c. 60 |
Incitement to commit incest | Criminal Law Act 1977, s.54 | 1977 c. 45 |
Ill-treatment of persons of unsound mind | Mental Health Act 1983, s.127 | 1983 c. 20 |
Abduction of unmarried girl under 18 from parent | Sexual Offences Act 1956, s.19 | 1956 c. 69 |
Abduction of defective from parent | Sexual Offences Act 1956, s.21 | As above |
Procuration of girl under 21 | Sexual Offences Act 1956, s.23 | As above |
Permitting defective to use premises for intercourse | Sexual Offences Act 1956, s.27 | As above |
Causing or encouraging prostitution of defective | Sexual Offences Act 1956, s.29 | As above |
Sexual assault | Sexual Offences Act 2003, s.3 | 2003 c. 42 |
Causing sexual activity without penetration | Sexual Offences Act 2003, s.4 | As above |
Engaging in sexual activity in the presence of a child | Sexual Offences Act 2003, s.11 | As above |
Causing a child to watch a sexual act | Sexual Offences Act 2003, s.12 | As above |
Child sex offence committed by person under 18 | Sexual Offences Act 2003, s.13 | As above |
Meeting child following sexual grooming | Sexual Offences Act 2003, s.15 | As above |
Abuse of trust: sexual activity with a child | Sexual Offences Act 2003, s.16 | As above |
Abuse of position of trust: causing a child to engage in sexual activity | Sexual Offences Act 2003, s.17 | As above |
Abuse of trust: sexual activity in the presence of a child | Sexual Offences Act 2003, s.18 | As above |
Abuse of position of trust: causing a child to watch sexual activity | Sexual Offences Act 2003, s.19 | As above |
Engaging in sexual activity in the presence of a person with a mental disorder | Sexual Offences Act 2003, s.32 | As above |
Causing a person with a mental disorder to watch a sexual act | Sexual Offences Act 2003, s.33 | As above |
Engaging in sexual activity in the presence of a person with a mental disorder | Sexual Offences Act 2003, s.36 | As above |
Causing a person with a mental disorder to watch a sexual act | Sexual Offences Act 2003, s.37 | As above |
Care workers: sexual activity in presence of a person with a mental disorder | Sexual Offences Act 2003, s.40 | As above |
Care workers: causing a person with a mental disorder to watch a sexual act | Sexual Offences Act 2003, s.41 | As above |
Causing or inciting prostitution for gain | Sexual Offences Act 2003, s.52 | As above |
Controlling prostitution for gain | Sexual Offences Act 2003, s.53 | As above |
Administering a substance with intent | Sexual Offences Act 2003, s.61 | As above |
Committing offence with intent to commit sexual offence | Sexual Offences Act 2003, s.62 | As above |
Trespass with intent to commit sexual offence | Sexual Offences Act 2003, s.63 | As above |
Sex with adult relative | Sexual Offences Act 2003, ss.64,65 | As above |
Exposure | Sexual Offences Act 2003, s.66 | As above |
Voyeurism | Sexual Offences Act 2003, s.67 | As above |
Intercourse with an animal | Sexual Offences Act 2003, s.69 | As above |
Sexual penetration of a corpse | Sexual Offences Act 2003, s.70 | As above |
Class E: Burglary etc. | ||
Burglary (domestic) | Theft Act 1968, s.9(3)(a) | 1968 c. 60 |
Going equipped to steal | Theft Act 1968, s.25 | As 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.36 | 1861 c. 98 |
Making false entries in copies of registers sent to the registrar | Forgery Act 1861, s.37 | As above |
Possession (with intention) of false identity documents | Identity Cards Act 2006, s.25(1) | 2006 c. 15 |
Possession (with intention) of apparatus or material for making false identity documents | Identity Cards Act 2006, s.25(3) | As above |
Possession (without reasonable excuse) of false identity documents or apparatus or material for making false identity documents | Identity Cards Act 2006, s.25(5) | As above |
The following offences are always in Class G | ||
Undischarged bankrupt being concerned in a company | Insolvency Act 1986, s.360 | 1986 c. 45 |
Counterfeiting notes and coins | Forgery and Counterfeiting Act 1981, s.14 | 1981 c. 45 |
Passing counterfeit notes and coins | Forgery and Counterfeiting Act 1981, s.15 | As above |
Offences involving custody or control of counterfeit notes and coins | Forgery and Counterfeiting Act 1981, s.16 | As above |
Making, custody or control of counterfeiting materials etc. | Forgery and Counterfeiting Act 1981, s.175 | As above |
Illegal importation: counterfeit notes or coins | Customs and Excise Management Act 1979, s.50 | 1979 c. 2 |
Fraudulent evasion: counterfeit notes or coins | Customs 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 offences | Value Added Tax Act 1994, s.72(1) to (8) | 1994 c. 23 |
Fraudulent evasion of duty | Customs and Excise Management Act 1979, s.170(1)(b) | 1979 c. 2 |
Theft | Theft Act 1968, s.1 | 1968 c. 60 |
Removal of articles from places open to the public | Theft Act 1968, s.11 | As above |
Abstraction of electricity | Theft Act 1968, s.13 | As above |
Obtaining property by deception | Theft Act 1968, s.15 | As above |
Obtaining pecuniary advantage by deception | Theft Act 1968, s.16 | As above |
False accounting | Theft Act 1968, s.17 | As above |
Handling stolen goods | Theft Act 1968, s.22 | As above |
Obtaining services by deception | Theft Act 1978, s.1 | 1978 c. 31 |
Evasion of liability by deception | Theft Act 1978, s.2 | As above |
Illegal importation: not elsewhere specified | Customs and Excise Management Act 1979, s.50 | 1979 c. 2 |
Counterfeiting Customs documents | Customs and Excise Management Act 1979, s.168 | As above |
Fraudulent evasion: not elsewhere specified | Customs and Excise Management Act 1979, s.170(2)(b),(c) | As above |
Forgery | Forgery and Counterfeiting Act 1981, s.1 | 1981 c. 45 |
Copying false instrument with intent | Forgery and Counterfeiting Act 1981, s.2 | As above |
Using a false instrument | Forgery and Counterfeiting Act 1981, s.3 | As above |
Using a copy of a false instrument | Forgery and Counterfeiting Act 1981, s.4 | As above |
Custody of control of false instruments etc. | Forgery and Counterfeiting Act 1981, s.5 | As above |
Offences in relation to dies or stamps | Stamp Duties Management Act 1891, s.13 | 1891 c. 38 |
Counterfeiting of dies or marks | Hallmarking Act 1973, s.6 | 1973 c. 43 |
Fraud by false representation | Fraud Act 2006, s.2 | 2006 c. 35 |
Fraud by failing to disclose information | Fraud Act 2006, s.3 | As above |
Fraud by abuse of position | Fraud Act 2006, s.4 | As above |
Possession etc. of article for use in frauds | Fraud Act 2006, s.6 | As above |
Making or supplying articles for use in frauds | Fraud Act 2006, s.7 | As above |
Participation in fraudulent business carried on by a sole trader etc. | Fraud Act 2006, s.9 | As above |
Obtaining services dishonestly | Fraud Act 2006, s.11 | As 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 [F63 or Sentencing Code, s.354] | 2003 c. 42 |
Breach of a sexual risk order or interim sexual risk order | Sexual Offences Act 2003, s.122H | As above |
Breach of a criminal behaviour order | Anti-social Behaviour, Crime and Policing Act 2014, s.30 | 2014 c. 12 |
Racially aggravated public order offence | Crime and Disorder Act 1998, s.31(1) | As above |
Racially aggravated harassment/putting another in fear of violence | Crime and Disorder Act 1998, s.32(1) | As above |
Having an article with a blade or point in a public place | [F64Criminal Justice Act 1988, s. 139] | 1988 c. 33 |
Breach of harassment injunction | Protection from Harassment Act 1997, s.3(6) | 1997 c. 40 |
Putting people in fear of violence | Protection from Harassment Act 1997, s.4(1) | As above |
Breach of restraining order | [F65Sentencing Code, s.363(1)] | As above |
Being drunk on an aircraft | Air Navigation Order 2005, article 75 | SI 2005/1970 |
Possession of offensive weapon | Prevention of Crime Act 1953, s.1 | 1953 c. 14 |
Affray | Public Order Act 1986, s.3 | 1986 c. 64 |
Assault with intent to resist arrest | Offences against the Person Act 1861, s.38 | 1861 c. 100 |
Unlawful eviction and harassment of occupier | Protection from Eviction Act 1977, s.1 | 1977 c. 43 |
Obscene articles intended for publication for gain | Obscene Publications Act 1964, s.1 | 1964 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.13 | 1956 c. 69 |
Solicitation for immoral purposes | Sexual Offences Act 1956, s.32 | As above |
Buggery of males of 16 or over otherwise than in private | Sexual Offences Act 1956, s.12 | As above |
Acts outraging public decency | Common law | |
Offences of publication of obscene matter | Obscene Publications Act 1959, s.2 | 1959 c. 66 |
Keeping a disorderly house | Common law: Disorderly Houses Act 1751, s.8 | 1751 c. 36 |
Indecent display | Indecent Displays (Control) Act 1981, s.1 | 1981 c. 42 |
Presentation of obscene performance | Theatres Act 1968, s.2 | 1968 c. 54 |
Procurement of intercourse by threats etc. | Sexual Offences Act 1956, s.2 | 1956 c. 69 |
Causing prostitution of women | Sexual Offences Act 1956, s.22 | As above |
Detention of woman in brothel or other premises | Sexual Offences Act 1956, s.24 | As above |
Procurement of a woman by false pretences | Sexual Offences Act 1956, s.3 | As above |
Procuring others to commit homosexual acts | Sexual Offences Act 1967, s.4 | 1967 c. 60 |
Trade description offences (9 offences) | Trade Descriptions Act 1968, ss.1, 8, 9, 12, 13, 14 | 1968 c. 29 |
Misconduct endangering ship or persons on board ship | Merchant Shipping Act 1970, s.27 | 1970 c. 36 |
Obstructing engine or carriage on railway | Malicious Damage Act 1861, s.36 | 1861 c. 97 |
Offences relating to the safe custody of controlled drugs | Misuse of Drugs Act 1971, s.11 | 1971 c. 38 |
Possession of Class B or Class C drug | Misuse of Drugs Act 1971, s.5(2) | As above |
Wanton or furious driving | Offences against the Person Act 1861, s.35 | 1861 c. 100 |
Dangerous driving | Road Traffic Act 1988, s.2 | 1988 c. 52 |
Forgery and misuse of driving documents | Public Passenger Vehicles Act 1981, s.65 | 1981 c. 14 |
Forgery of driving documents | Road Traffic Act 1960, s.233 | 1960 c. 16 |
Forgery etc. of licences and other documents | Road Traffic Act 1988, s.173 | 1988 c. 52 |
Mishandling or falsifying parking documents etc. | Road Traffic Regulation Act 1984, s.115 | 1984 c. 27 |
Aggravated vehicle taking | Theft Act 1968, s.12A | 1968 c. 60 |
Forgery, alteration, fraud of licences etc. | Vehicle Excise and Registration Act 1994, s.44 | 1994 c. 22 |
Making off without payment | Theft Act 1978, s.3 | 1978 c. 31 |
Agreeing to indemnify sureties | Bail Act 1976, s.9(1) | 1976 c. 63 |
Sending prohibited articles by post | Post Office Act 1953, s.11 | 1953 c. 36 |
Impersonating Customs Officer | Customs and Excise Management Act 1979, s.13 | 1979 c. 2 |
Obstructing Customs Officer | Customs and Excise Management Act 1979, s.16 | As above |
Class I: Offences against public justice and similar offences | ||
Conspiring to commit offences outside the United Kingdom | Criminal Justice (Terrorism and Conspiracy) Act 1998, s.5 | 1998 c. 40 |
Perverting the course of public justice | Common Law | |
Perjuries (7 offences) | Perjury Act 1911, ss.1 to 7(2) | 1911 c. 6 |
Corrupt transactions with agents | Prevention of Corruption Act 1906, s.1 | 1906 c. 34 |
Corruption in public office | Public Bodies Corrupt Practices Act 1889, s.1 | 1889 c. 69 |
Embracery | Common law | |
Offences of bribing another person | Bribery Act 2010, s.1 | 2010 c. 23 |
Offences relating to being bribed | Bribery Act 2010, s.2 | As above |
Bribery of foreign public officials | Bribery Act 1010 s.6 | As above |
Fabrication of evidence with intent to mislead a tribunal | Common law | |
Personation of jurors | Common law | |
Concealing an arrestable offence | Criminal Law Act 1967, s.5 | 1967 c. 58 |
Assisting offenders | Criminal Law Act 1967, s.4(1) | As above |
False evidence before European Court | European Communities Act 1972, s.11 | 1972 c. 68 |
Personating for purposes of bail etc. | Forgery Act 1861, s.34 | 1861 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 investigation | Drug Trafficking Act 1994, s.58(1) | 1994 c. 37 |
Giving false statements to procure cremation | Cremation Act 1902, s.8(2) | 1902 c. 8 |
False statement tendered under section 9 of the Criminal Justice Act 1967 | Criminal Justice Act 1967, s.89 | 1967 c. 80 |
Making a false statement to obtain interim possession order | Criminal Justice and Public Order Act 1994, s.75(1) | 1994 c. 33 |
Making false statement to resist making of interim possession order | Criminal Justice and Public Order Act 1994, s.75(2) | As above |
False statement tendered under section 5B of the Magistrates' Courts Act 1980 | Magistrates' Courts Act 1980, s.106 | 1980 c. 43 |
Making false statements to authorised officer | Trade Descriptions Act 1968, s. 29(2) | 1968 c. 29 |
Class J: Serious sexual offences | ||
Rape | Sexual Offences Act 1956, s.1(1) | 1956 c. 69 |
Sexual intercourse with girl under 13 | Sexual Offences Act 1956, s.5 | As above |
Sexual intercourse with girl under 16 | Sexual Offences Act 1956, s.6 | As above |
Sexual intercourse with defective | Sexual Offences Act 1956, s.7 | As above |
Incest by man with a girl under 13 | Sexual Offences Act 1956, s.10 | As above |
Buggery of person under 16 | Sexual Offences Act 1956, s.12 | As above |
Indecency with children under 14 | Indecency with Children Act 1960, s.1(1) | 1960 c. 33 |
Taking, having etc. indecent photographs of children | Protection of Children Act 1978, s.1 | 1978 c. 37 |
Assault with intent to commit buggery | Sexual Offences Act 1956, s.16 | 1956 c. 69 |
Abduction of woman by force | Sexual Offences Act 1956, s.17 | As above |
Permitting girl under 13 to use premises for sexual intercourse | Sexual Offences Act 1956, s.25 | As above |
Allowing or procuring child under 16 to go abroad to perform | Children and Young Persons Act 1933, ss.25, 26 | 1933 c. 12 |
Sexual intercourse with patients | Mental Health Act 1959, s.128 | 1959 c. 72 |
Abduction of unmarried girl under 16 from parent | Sexual Offences Act 1956, s.20 | 1956 c. 69 |
Permitting girl under 16 to use premises for intercourse | Sexual Offences Act 1956, s.26 | As above |
Causing or encouraging prostitution of girl under 16 | Sexual Offences Act 1956, s.28 | As above |
Rape | Sexual Offences Act 2003, s.1 | 2003 c. 42 |
Assault by penetration | Sexual Offences Act 2003, s.2 | As above |
Causing sexual activity with penetration | Sexual Offences Act 2003, s.4 | As above |
Rape of child under 13 | Sexual Offences Act 2003, s.5 | As above |
Assault of child under 13 by penetration | Sexual Offences Act 2003, s.6 | As above |
Sexual assault of child under 13 | Sexual Offences Act 2003, s.7 | As above |
Causing a child under 13 to engage in sexual activity | Sexual Offences Act 2003, s.8 | As above |
Sexual activity with a child | Sexual Offences Act 2003, s.9 | As above |
Causing a child to engage in sexual activity | Sexual Offences Act 2003, s.10 | As above |
Arranging child sex offence | Sexual Offences Act 2003, s.14 | As above |
Sexual activity with a child family member, with penetration | Sexual Offences Act 2003, s.25 | As above |
Inciting a child family member to engage in sexual activity | Sexual Offences Act 2003, s.26 | As above |
Sexual activity with a person with a mental disorder | Sexual Offences Act 2003, s.30 | As above |
Causing or inciting a person with a mental disorder to engage in sexual activity | Sexual Offences Act 2003, s.31 | As above |
Offering inducement to procure sexual activity with a person with a mental disorder | Sexual Offences Act 2003, s.34 | As above |
Inducing person with mental disorder to engage in sexual activity | Sexual Offences Act 2003, s.35 | As above |
Care workers: sexual activity with a person with a mental disorder | Sexual Offences Act 2003, s.38 | As above |
Care workers: inciting person with mental disorder to engage in sexual act | Sexual Offences Act 2003, s.39 | As above |
Paying for sexual services of a child | Sexual Offences Act 2003, s.47 | As above |
Causing or inciting [F66sexual exploitation of a child] | Sexual Offences Act 2003, s.48 | As above |
Controlling a child [F67in relation to sexual exploitation] | Sexual Offences Act 2003, s.49 | As above |
[F68Arranging or facilitating sexual exploitation of a child] | Sexual Offences Act 2003, s.50 | As above |
Trafficking into UK for sexual exploitation | Sexual Offences Act 2003, s.57 | As above |
Trafficking within UK for sexual exploitation | Sexual Offences Act 2003, s.58 | As above |
Trafficking out of UK for sexual exploitation | Sexual Offences Act 2003, s.59 | As above |
Trafficking people for sexual exploitation | Sexual Offences Act 2003, s.59A | As above |
Class K: Other offences of dishonesty (high value) | ||
Class K offences are listed under Classes F and G] |
Textual Amendments
F63Words in Sch. 2 Pt. 7 inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 415(4)(a) (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2
F64Words in Sch. 2 Pt. 7 substituted (30.9.2022) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2022 (S.I. 2022/848), reg. 1(1), Sch. 2 para. 20 (with reg. 3) (as amended (31.10.2022) by The Criminal Legal Aid (Remuneration) (Amendment) (Amendment) (No. 2) Regulations 2022 (S.I. 2022/1035), regs. 1(1), 2(1)) (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.)
F65Words in Sch. 2 Pt. 7 substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 415(4)(b) (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2
F66Words in Sch. 2 Pt. 7 (as renumbered) substituted (3.5.2015) by The Serious Crime Act 2015 (Consequential Amendments) Regulations 2015 (S.I. 2015/800), regs. 1(2), 6(a)
F67Words in Sch. 2 Pt. 7 (as renumbered) substituted (3.5.2015) by The Serious Crime Act 2015 (Consequential Amendments) Regulations 2015 (S.I. 2015/800), regs. 1(2), 6(b)
F68Words in Sch. 2 Pt. 7 (as renumbered) substituted (3.5.2015) by The Serious Crime Act 2015 (Consequential Amendments) Regulations 2015 (S.I. 2015/800), regs. 1(2), 6(c)
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