SCHEDULE 2Litigators' Graduated Fee Scheme

PART 6Miscellaneous

Assisted person unfit to plead or stand trial25

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 M1 (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.