SCHEDULE 4Rates payable for the claims specified in Regulation 8
F1Representation in the youth court
5B.
(1)
Subject to sub-paragraph (2), this paragraph applies to—
(a)
proceedings in the youth court;
(b)
subject to sub-paragraph (3), proceedings in a magistrates’ court which is not a youth court—
(i)
to which sections 46(1)(a), (b) or (c) of the 1933 Act (assignment of certain matters to youth courts) apply; or
(ii)
to which section 18 of the Children and Young Persons Act 1963 (jurisdiction of magistrates’ courts in certain cases involving children and young persons) applies; and
(c)
proceedings relating to bail or remand—
(i)
which fall within the jurisdiction conferred on the youth court; and
(ii)
are heard in a magistrates’ court which is not a youth court.
(2)
This paragraph does not apply where paragraph 5A applies.
(3)
(a)
This paragraph does not apply to claims for fees by a litigator who is acting in proceedings referred to in sub-paragraph (1)(b), where the condition in paragraph (b) of this sub-paragraph is met.
(b)
The condition is that if the charge were brought solely against the assisted person(s)—
(i)
the proceedings would not fall within the jurisdiction conferred on the youth court;
(ii)
section 46(1) of the 1933 Act (assignment of certain matters to youth courts) would not apply to the proceedings; and
(iii)
section 18 of the Child and Young Persons Act 1963 (jurisdiction of magistrates’ courts in certain cases involving children and young persons) would not apply to the proceedings.
(4)
The fixed amounts and hourly rates for representation in proceedings to which this paragraph applies for—
(a)
recording time and to determine whether the Lower or Higher Standard Fee Limit has been reached; and
(b)
claiming costs in cases which fall outside the Standard Fee payment schemes,
are specified in the table following this sub-paragraph.
All Areas (£) | |
|---|---|
Routine letter written and telephone calls per item | 4.09 |
Preparation hourly rate | 52.15 |
Advocacy hourly rate (including applications for bail and other applications to the court) | 65.42 |
Hourly rate for attendance at court where Counsel is assigned (including conferences with Counsel at court) | 35.68 |
Travelling and waiting hourly rate (only claimable where the undesignated area fees apply) | 27.60 |
Additional fee for cases which fall outside the Standard Fee payment schemes (only claimable in cases falling under Category 1A or 2A in the table following sub-paragraph (5)) | 598.59 |
(5)
The fees and fee limits for the Standard Fee payment scheme for representation in proceedings to which this paragraph applies are specified in the table following this sub-paragraph.
Lower Standard Fee (£) | Lower Standard Fee Limit (£) | Higher Standard Fee (£) | Higher Standard Fee Limit (£) | |
|---|---|---|---|---|
Designated Area Standard Fees | ||||
Category 1A | 884.61 | 313.19 | 1,141.17 | 542.63 |
Category 1B | 232.53 | 313.19 | 500.99 | 542.63 |
Category 2A | 995.73 | 538.02 | 1,430.44 | 896.59 |
Category 2B | 397.14 | 538.02 | 831.85 | 896.59 |
Undesignated Area Standard Fees | ||||
Category 1A | 822.47 | 313.19 | 1,072.74 | 542.63 |
Category 1B | 182.01 | 313.19 | 437.81 | 542.63 |
Category 2A | 919.96 | 538.02 | 1,335.67 | 896.59 |
Category 2B | 321.37 | 538.02 | 737.08 | 896.59 |
(6)
In the table following sub-paragraph (5)—
(a)
the reference to “Category 1A” cases is a reference to the following proceedings (other than proceedings referred to in paragraph (c))—
(i)
guilty pleas in proceedings relating to—
(aa)
indictable only offences;
(bb)
either way offences (other than proceedings referred to in paragraph (b)(vii)); or
(cc)
low-value shoplifting as defined in section 22A(3) of the 1980 Act (low-value shoplifting to be a summary offence);
(ii)
proceedings relating to—
(aa)
indictable only offences;
(bb)
either way offences (other than proceedings referred to in paragraph (b)(vii)); or
(cc)
low-value shoplifting as defined in section 22A(3) of the 1980 Act (low-value shoplifting to be a summary offence),
which are discontinued or withdrawn or where the prosecution offers no evidence;
(iii)
proceedings relating to—
(aa)
indictable only offences;
(bb)
either way offences (other than proceedings referred to in paragraph (b)(vii)); or
(cc)
low-value shoplifting as defined in section 22A(3) of the 1980 Act (low-value shoplifting to be a summary offence),
which result in a bind over; and
(iv)
proceedings arising out of a deferment of sentence (including any subsequent sentence hearing) under Chapter 1 of Part 2 of the Sentencing Code relating to—
(aa)
indictable only offences;
(bb)
either way offences (other than proceedings referred to in paragraph (b)(vii)); or
(cc)
low-value shoplifting as defined in section 22A(3) of the 1980 Act (low-value shoplifting to be a summary offence);
(b)
the reference to “Category 1B” cases is a reference to the following proceedings (other than proceedings referred to in paragraph (d))—
(i)
summary only guilty pleas (other than proceedings referred to in paragraph (a)(i)(cc));
(ii)
uncontested proceedings arising out of a breach of an order of a magistrates’ court;
(iii)
proceedings relating to summary offences which are discontinued or withdrawn or where the prosecution offers no evidence (other than proceedings referred to in paragraph (a)(ii)(cc));
(iv)
proceedings relating to summary offences which result in a bind over (other than proceedings referred to in paragraph (a)(iii)(cc));
(v)
proceedings arising out of a deferment of sentence (including any subsequent sentence hearing) under Chapter 1 of Part 2 of the Sentencing Code relating to summary offences (other than proceedings referred to in paragraph (a)(iv)(cc));
(vi)
proceedings prescribed under regulation 9 of the Criminal Legal Aid (General) Regulations 2013, except where the case was listed and fully prepared for a contested hearing to decide whether an order should be made; and
(vii)
proceedings relating to either way offences which must be tried summarily in accordance with section 22 of the 1980 Act (certain offences triable either way to be tried summarily if value involved is small);
(c)
the reference to “Category 2A” cases is a reference to the following proceedings —
(i)
contested trials relating to—
(aa)
indictable only offences;
(bb)
either way offences (other than proceedings referred to in paragraph (b)(vii)); or
(cc)
low value shoplifting as defined in section 22A(3) of the 1980 Act (low-value shoplifting to be a summary offence);
(ii)
proceedings relating to—
(aa)
indictable only offences;
(bb)
either way offences (other than proceedings referred to in paragraph (b)(vii)); or
(cc)
low value shoplifting as defined in section 22A(3) of the 1980 Act (low-value shoplifting to be a summary offence),
which were listed and fully prepared for trial but disposed of by a guilty plea on the day of trial before the opening of the prosecution case;
(iii)
proceedings relating to—
(aa)
indictable only offences;
(bb)
either way offences (other than proceedings referred to in paragraph (b)(vii)); or
(cc)
low value shoplifting as defined in section 22A(3) of the 1980 Act (low-value shoplifting to be a summary offence),
which were listed and fully prepared for trial in the magistrates’ court but are discontinued or withdrawn or where the prosecution offers no evidence or which result in a bind over on the day of trial before the opening of the prosecution case; and
(iv)
proceedings relating to—
(aa)
indictable only offences;
(bb)
either way offences (other than proceedings referred to in paragraph (b)(vii)); or
(cc)
low value shoplifting as defined in section 22A(3) of the 1980 Act (low-value shoplifting to be a summary offence),
where mixed pleas are entered;
(d)
the reference to “Category 2B” cases is a reference to—
(i)
contested trials relating to—
(aa)
summary offences (other than proceedings referred to in paragraph (c)(i)(cc)); or
(bb)
either way offences which must be tried summarily in accordance with section 22 of the 1980 Act (certain offences triable either way to be tried summarily if value involved is small);
(ii)
proceedings relating to—
(aa)
summary offences (other than proceedings referred to in paragraph (c)(ii)(cc)); or
(bb)
either way offences which must be tried summarily in accordance with section 22 of the 1980 Act (certain offences triable either way to be tried summarily if value involved is small),
which were listed and fully prepared for trial in a magistrates’ court but are disposed of by a guilty plea on the day of the trial before the opening of the prosecution case;
(iii)
proceedings relating to—
(aa)
summary offences (other than proceedings referred to in paragraph (c)(iii)(cc)); or
(bb)
either way offences which must be tried summarily in accordance with section 22 of the 1980 Act (certain offences triable either way to be tried summarily if value involved is small),
which were listed and fully prepared for trial in the magistrates’ court but are discontinued or withdrawn or where the prosecution offers no evidence or which result in a bind over on the day of trial before the opening of the prosecution case;
(iv)
proceedings relating to—
(aa)
summary offences (other than proceedings referred to in paragraph (c)(iv)(cc)); or
(bb)
either way offences which must be tried summarily in accordance with section 22 of the 1980 Act (certain offences triable either way to be tried summarily if value involved is small),
where mixed pleas are entered;
(v)
contested proceedings relating to a breach of an order of a magistrates’ court; and
(vi)
proceedings prescribed under regulation 9 of the Criminal Legal Aid (General) Regulations 2013 where the case was listed and fully prepared for a contested hearing to decide whether an order should be made.
(7)
The fees payable to Assigned Counsel for representation in the youth court are subject to the limits specified in the table following paragraph 12.
(8)
The fixed fee payable to a litigator in respect of a case sent for trial to the Crown Court is £208.61.
(9)
In this paragraph—
“the 1933 Act” means the Children and Young Persons Act 1933;
“the 1980 Act” means the Magistrates’ Courts Act 1980;
“youth court” has the same meaning as in section 45(1) (constitution of youth courts) of the 1933 Act.