- Latest available (Revised)
- Point in Time (19/02/2021)
- Original (As made)
Version Superseded: 01/04/2013
Point in time view as at 19/02/2021.
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Regulation 4
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 [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];
[F5“excluded hearing” means—
the first hearing at which the assisted person enters a plea;
any hearing which forms part of the main hearing, or
any hearing for which a fee is payable under a provision of this Schedule other than paragraph 12(2);]
“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;
F6...
“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;
“standard appearance” means an appearance by the trial advocate or substitute advocate in any of the following hearings [F7unless it is an excluded hearing]—
F8...
a pre-trial review;
a case management hearing;]
the hearing of a case listed for plea which is adjourned for trial;
any hearing (except a trial, [F11the first hearing at which the assisted person enters a plea] or a hearing referred to in paragraph 2(1)(b)) which is listed but cannot proceed because of the failure of the assisted person or a witness to attend, the unavailability of a pre-sentence report or other good reason;
custody time limit applications;
bail and other applications (except where any such applications take place in the course of a hearing referred to in paragraph 2(1)(b));
the hearing of the case listed for mention only, including applications relating to the date of the trial (except where an application takes place in the course of a hearing referred to in paragraph 2(1)(b));
F12...
a preliminary hearing; or
a hearing, whether contested or not, relating to breach of bail, failure to surrender to bail or execution of a bench warrant,
provided that a fee is not payable elsewhere under this Schedule in respect of the hearing;
“substitute advocate” means an advocate who is not an instructed advocate or the trial advocate but who undertakes work on the case; F13...
F6...
[F14“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 F15... 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 [F16sending] 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.
[F17(7) A reference in this Schedule to a “band” is to the band of the offence concerned set out in Table B in the AGFS Banding Document, as read in conjunction with Table A in that document.
(8) Where the band within which an offence described in Table B in the AGFS Banding Document falls depends on the facts of the case, the band within which the offence falls is to be determined by reference to Table A in that document.]
Textual Amendments
F1Words in Sch. 1 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. 1 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. 1 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. 1 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)
F5Words in Sch. 1 para. 1(1) inserted (5.10.2015) by The Civil and Criminal Legal Aid (Amendment) (No.2) Regulations 2015 (S.I. 2015/1678), regs. 1(2)(a), 5(11)(a)(i)
F6Words in Sch. 1 para. 1(1) omitted (5.5.2015) by virtue of The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2015 (S.I. 2015/882), regs. 1, 2(16)(a)(i) (with reg. 3)
F7Words in Sch. 1 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(11)(a)(ii)(aa)
F8Words in Sch. 1 para. 1(1) omitted (1.4.2018) by virtue of The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2018 (S.I. 2018/220), regs. 1, 7(a)(i) (with reg. 34)
F9Words in Sch. 1 para. 1(1) omitted (1.4.2018) by virtue of The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2018 (S.I. 2018/220), regs. 1, 7(a)(ii) (with reg. 34)
F10Words in Sch. 1 para. 1(1) inserted (5.10.2015) by The Civil and Criminal Legal Aid (Amendment) (No.2) Regulations 2015 (S.I. 2015/1678), regs. 1(2)(a), 5(11)(a)(ii)(cc)
F11Words in Sch. 1 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(11)(a)(ii)(dd)
F12Words in Sch. 1 para. 1(1) omitted (1.4.2018) by virtue of The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2018 (S.I. 2018/220), regs. 1, 7(a)(iii) (with reg. 34)
F13Word in Sch. 1 para. 1(1) omitted (5.5.2015) by virtue of The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2015 (S.I. 2015/882), regs. 1, 2(16)(a)(ii) (with reg. 3)
F14Words in Sch. 1 para. 1(1) inserted (17.9.2020) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2020 (S.I. 2020/903), regs. 1(2), 4(2) (with reg. 7)
F15Words in Sch. 1 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))
F16Word in Sch. 1 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))
F17Sch. 1 para. 1(7)(8) substituted for Sch. 1 para. 1(7) (1.4.2018) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2018 (S.I. 2018/220), regs. 1, 7(b) (with reg. 34)
2.—(1) Subject to sub-paragraphs (2) to (11), this Schedule applies to—
(a)every case on indictment; and
(b)the following proceedings in the Crown Court—
(i)an appeal against conviction or sentence;
(ii)a sentencing hearing following a committal for sentence to the Crown Court; and
(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).
(2) Sub-paragraphs (3) and (4) apply where, following a trial, an order is made for a new trial and the same trial advocate appears at both trials where—
(a)the defendant is an assisted person at both trials; or
(b)the defendant is an assisted person at the new trial only; or
(c)the new trial is a cracked trial or guilty plea.
(3) Subject to sub-paragraph (4), in respect of a new trial, or if the trial advocate so elects, in respect of the first trial, the graduated fee payable to the trial advocate must be calculated in accordance with Part 2 or Part 3, as appropriate, except that the fee must be reduced by—
(a)30%, where the new trial started within one month of the conclusion of the first trial;
(b)20%, where the new trial did not start within one month of the conclusion of the first trial;
(c)40%, where the new trial becomes a cracked trial or guilty plea within one month of the conclusion of the first trial; or
(d)25% where the new trial becomes a cracked trial or guilty plea more than one month after the conclusion of the first trial.
(4) Where—
(a)in relation to the first trial, the case was F18... sent for trial to the Crown Court on the election of a defendant where the magistrates' court had determined the case to be suitable for summary trial; and
(b)the new trial becomes a cracked trial or guilty plea,
the fee payable to the trial advocate must be—
(i)the graduated fee calculated in accordance with Part 2, in respect of the first trial; and
(ii)the fixed fee set out in paragraph 10 in respect of the new trial.
(5) Sub-paragraphs (6) and (7) apply in the circumstances set out in sub-paragraph (2) but where a different trial advocate appears for the assisted person at each trial.
(6) Subject to sub-paragraph (7), in respect of each trial, the graduated fee payable to the trial advocate must be calculated in accordance with Part 2 or Part 3 as appropriate.
(7) Where—
(a)in relation to the first trial, the case was F19... sent for trial to the Crown Court on the election of a defendant where the magistrates' court had determined the case to be suitable for summary trial; and
(b)the new trial becomes a cracked trial or guilty plea,
the fee payable to the trial advocate at the first trial must be the graduated fee, calculated in accordance with Part 2 and the fee payable to the trial advocate at the new trial must be the fixed fee set out in paragraph 10.
(8) 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;
(c)the provisions of this Schedule relating to cracked trials and guilty pleas do not apply; and
(d)no fee is payable under paragraph 15 in respect of the Newton hearing.
F20(9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F21(10) 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 paragraph 22 apply.]
(11) For the purposes of this Schedule, a case on indictment which discontinues at or before [F22the 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 (10),
must be treated as a guilty plea.
Textual Amendments
F18Words in Sch. 1 para. 2(4)(a) 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(2)(f) (with reg. 10(1))
F19Words in Sch. 1 para. 2(7)(a) 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(2)(f) (with reg. 10(1))
F20Sch. 1 para. 2(9) 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(11)(b)(i) (with reg. 10(1))
F21Sch. 1 para. 2(10) 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(11)(b)(ii) (with reg. 10(1))
F22Words in Sch. 1 para. 2(11) 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)(a)
3.—(1) For the purposes of this Schedule—
(a)every indictable offence falls within the [F24band of that offence set out in the AGFS Banding Document] and, subject to sub-paragraph (2), indictable offences not specifically so listed are deemed to fall within [F25band 17.1];
(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 [F26band] as the substantive offence to which they relate;
(c)where the [F27AGFS Banding Document] specifies that the [F28band] within which an offence falls depends on whether the value [F29, amount or weight] involved exceeds a stated limit, the value [F29, amount or weight] must be presumed not to exceed that limit unless the advocate making the claim under regulation 4 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 [F30band] depends on the value [F31, amount or weight] involved, that value [F31, amount or weight] must be taken to be the total value [F31, amount or weight] involved in all those offences, but where two or more counts relate to the same property, the value [F31, amount or weight] of that property must be taken into account once only;
(e)where an entry in the [F32AGFS Banding Document] 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 trial advocate must elect whether that hearing falls within the same [F33band] as the indictable offence to which it relates or within [F34band 5.3]; and
[F35(g)where in a case on indictment a restriction order is made, the offence is to be treated as if it falls within band 1.3, regardless of the band within which the offence would fall within the AGFS Banding Document but for this paragraph.]
(2) Where an advocate in proceedings in the Crown Court is dissatisfied with the [F36banding within band 17.1] of an indictable offence not listed in the [F37AGFS Banding Document], the advocate may apply to the appropriate officer when lodging the claim for fees to [F38re-band] the offence.
(3) The appropriate officer must, in light of the objections made by the advocate—
(a)confirm the [F39banding] of the offence within [F40band 17.1]; or
(b)[F41re-band] the offence,
and must notify the advocate of the decision.
Textual Amendments
F23Sch. 1 para. 3 heading substituted (1.4.2018) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2018 (S.I. 2018/220), regs. 1, 8(2) (with reg. 34)
F24Words in Sch. 1 para. 3(1)(a) substituted (1.4.2018) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2018 (S.I. 2018/220), regs. 1, 8(3)(a)(i) (with reg. 34)
F25Words in Sch. 1 para. 3(1)(a) substituted (1.4.2018) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2018 (S.I. 2018/220), regs. 1, 8(3)(a)(ii) (with reg. 34)
F26Word in Sch. 1 para. 3(1)(b) substituted (1.4.2018) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2018 (S.I. 2018/220), regs. 1, 8(3)(b) (with reg. 34)
F27Words in Sch. 1 para. 3(1)(c) substituted (1.4.2018) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2018 (S.I. 2018/220), regs. 1, 8(3)(c)(i) (with reg. 34)
F28Word in Sch. 1 para. 3(1)(c) substituted (1.4.2018) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2018 (S.I. 2018/220), regs. 1, 8(3)(c)(ii) (with reg. 34)
F29Words in Sch. 1 para. 3(1)(c) inserted (1.4.2018) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2018 (S.I. 2018/220), regs. 1, 8(3)(c)(iii) (with reg. 34)
F30Word in Sch. 1 para. 3(1)(d) substituted (1.4.2018) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2018 (S.I. 2018/220), regs. 1, 8(3)(d)(i) (with reg. 34)
F31Words in Sch. 1 para. 3(1)(d) inserted (1.4.2018) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2018 (S.I. 2018/220), regs. 1, 8(3)(d)(ii) (with reg. 34)
F32Words in Sch. 1 para. 3(1)(e) substituted (1.4.2018) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2018 (S.I. 2018/220), regs. 1, 8(3)(e) (with reg. 34)
F33Word in Sch. 1 para. 3(1)(f) substituted (1.4.2018) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2018 (S.I. 2018/220), regs. 1, 8(3)(f)(i) (with reg. 34)
F34Words in Sch. 1 para. 3(1)(f) substituted (1.4.2018) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2018 (S.I. 2018/220), regs. 1, 8(3)(f)(ii) (with reg. 34)
F35Sch. 1 para. 3(1)(g) substituted (1.4.2018) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2018 (S.I. 2018/220), regs. 1, 8(3)(g) (with reg. 34)
F36Words in Sch. 1 para. 3(2) substituted (1.4.2018) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2018 (S.I. 2018/220), regs. 1, 8(4)(a) (with reg. 34)
F37Words in Sch. 1 para. 3(2) substituted (1.4.2018) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2018 (S.I. 2018/220), regs. 1, 8(4)(b) (with reg. 34)
F38Word in Sch. 1 para. 3(2) substituted (1.4.2018) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2018 (S.I. 2018/220), regs. 1, 8(4)(c) (with reg. 34)
F39Word in Sch. 1 para. 3(3) substituted (1.4.2018) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2018 (S.I. 2018/220), regs. 1, 8(5)(a) (with reg. 34)
F40Words in Sch. 1 para. 3(3) substituted (1.4.2018) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2018 (S.I. 2018/220), regs. 1, 8(5)(b) (with reg. 34)
F41Word in Sch. 1 para. 3(3) substituted (1.4.2018) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2018 (S.I. 2018/220), regs. 1, 8(5)(c) (with reg. 34)
Marginal Citations
4. The amount of the graduated fee for a single trial advocate representing one assisted person being tried on one indictment in the Crown Court in a trial F42... must be calculated in accordance with the following formula—
[F43Where—
GF is the amount of the graduated fee;
BF is the basic fee specified as appropriate to the band of the offence for which the assisted person is tried and the category of trial advocate (see paragraph 5);
D is the number of days or parts of a day on which the advocate attends at court by which the trial exceeds 1 day;
DAF is the fee payable in respect of daily attendance at court for the number of days by which the trial exceeds 1 day, as appropriate to the band of the offence for which the assisted person is tried and the category of trial advocate (see paragraph 5A).]
Textual Amendments
F42Words in Sch. 1 para. 4 omitted (1.4.2018) by virtue of The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2018 (S.I. 2018/220), regs. 1, 9(a) (with reg. 34)
F43Words in Sch. 1 para. 4 substituted (1.4.2018) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2018 (S.I. 2018/220), regs. 1, 9(b) (with reg. 34)
5. For the purposes of paragraph 4, in relation to the offence concerned, the basic fee is the amount set out in the table following this paragraph which corresponds with the band within which that offence falls (as set out in column (1) of the table) and the category of the advocate concerned (as set out in columns (2) to (4) of the table).
[F45(1) Band of offence | Amount of basic fee per category of trial advocate | ||
---|---|---|---|
(2) Junior Alone or Led Junior | (3) Leading Junior | (4) Queen’s Counsel | |
1.1 | £8,585 | £12,880 | £17,170 |
1.2 | £4,295 | £6,445 | £8,590 |
1.3 | £2,575 | £3,865 | £5,150 |
1.4 | £2,145 | £3,220 | £4,290 |
2.1 | £8,585 | £12,880 | £17,170 |
2.2 | £2,575 | £3,865 | £5,150 |
3.1 | £3,535 | £5,305 | £7,070 |
3.2 | £2,020 | £3,030 | £4,040 |
3.3 | £1,200 | £1,800 | £2,400 |
3.4 | £850 | £1,275 | £1,700 |
3.5 | £750 | £1,125 | £1,500 |
4.1 | £2,020 | £3,030 | £4,040 |
4.2 | £1,565 | £2,350 | £3,130 |
4.3 | £1,515 | £2,275 | £3,030 |
5.1 | £1,900 | £2,850 | £3,800 |
5.2 | £1,415 | £2,125 | £2,830 |
5.3 | £1,010 | £1,515 | £2,020 |
6.1 | £8,485 | £12,730 | £16,970 |
6.2 | £7,700 | £11,550 | £15,400 |
6.3 | £2,855 | £4,285 | £5,710 |
6.4 | £1,010 | £1,515 | £2,020 |
6.5 | £810 | £1,215 | £1,620 |
7.1 | £1,415 | £2,125 | £2,830 |
7.2 | £810 | £1,215 | £1,620 |
7.3 | £760 | £1,140 | £1,520 |
8.1 | £1,210 | £1,815 | £2,420 |
9.1 | £5,860 | £8,790 | £11,720 |
9.2 | £4,040 | £6,060 | £8,080 |
9.3 | £3,030 | £4,545 | £6,060 |
9.4 | £2,650 | £3,975 | £5,300 |
9.5 | £1,615 | £2,425 | £3,230 |
9.6 | £1,210 | £1,815 | £2,420 |
9.7 | £810 | £1,215 | £1,620 |
10.1 | £2,220 | £3,330 | £4,440 |
11.1 | £1,400 | £2,100 | £2,800 |
11.2 | £800 | £1,200 | £1,600 |
12.1 | £2,120 | £3,180 | £4,240 |
12.2 | £1,315 | £1,975 | £2,630 |
12.3 | £910 | £1,365 | £1,820 |
13.1 | £1,800 | £2,700 | £3,600 |
14.1 | £2,325 | £3,490 | £4,650 |
15.1 | £1,615 | £2,425 | £3,230 |
15.2 | £1,400 | £2,100 | £2,800 |
15.3 | £850 | £1,275 | £1,700 |
16.1 | £2,220 | £3,330 | £4,440 |
16.2 | £1,615 | £2,425 | £3,230 |
16.3 | £1,010 | £1,515 | £2,020 |
17.1 | £725 | £1,090 | £1,450] |
Textual Amendments
F44Sch. 1 paras. 5, 5A substituted for Sch. 1 para. 5 (1.4.2018) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2018 (S.I. 2018/220), regs. 1, 10 (with reg. 34)
F45Sch. 1 para. 5 table substituted (31.12.2018) by The Criminal Legal Aid (Remuneration) (Amendment) (No. 2) Regulations 2018 (S.I. 2018/1323), regs. 1, 5 (with reg. 17)
5A. For the purposes of paragraph 4, in relation to the offence concerned, the daily attendance fee is the amount set out in the table following this paragraph which corresponds with the band within which that offence falls (as set out in column (1) of the table) and the category of the advocate concerned (as set out in columns (2) to (4) of the table).
[F46(1) Band of offence | Amount of daily attendance fee per category of trial advocate | ||
---|---|---|---|
(2) Junior Alone or Led Junior | (3) Leading Junior | (4) Queen’s Counsel | |
1.1 | £580 | £870 | £1,160 |
1.2 | £580 | £870 | £1,160 |
1.3 | £580 | £870 | £1,160 |
1.4 | £580 | £870 | £1,160 |
2.1 | £580 | £870 | £1,160 |
2.2 | £580 | £870 | £1,160 |
3.1 | £505 | £760 | £1,010 |
3.2 | £505 | £760 | £1,010 |
3.3 | £505 | £760 | £1,010 |
3.4 | £505 | £760 | £1,010 |
3.5 | £400 | £600 | £800 |
4.1 | £530 | £795 | £1,060 |
4.2 | £505 | £760 | £1,010 |
4.3 | £480 | £720 | £960 |
5.1 | £530 | £795 | £1,060 |
5.2 | £505 | £760 | £1,010 |
5.3 | £480 | £720 | £960 |
6.1 | £530 | £795 | £1,060 |
6.2 | £505 | £760 | £1,010 |
6.3 | £405 | £610 | £810 |
6.4 | £400 | £600 | £800 |
6.5 | £400 | £600 | £800 |
7.1 | £505 | £760 | £1,010 |
7.2 | £455 | £685 | £910 |
7.3 | £405 | £610 | £810 |
8.1 | £505 | £760 | £1,010 |
9.1 | £530 | £795 | £1,060 |
9.2 | £530 | £795 | £1,060 |
9.3 | £455 | £685 | £910 |
9.4 | £455 | £685 | £910 |
9.5 | £455 | £685 | £910 |
9.6 | £405 | £610 | £810 |
9.7 | £400 | £600 | £800 |
10.1 | £530 | £795 | £1,060 |
11.1 | £455 | £685 | £910 |
11.2 | £400 | £600 | £800 |
12.1 | £505 | £760 | £1,010 |
12.2 | £505 | £760 | £1,010 |
12.3 | £505 | £760 | £1,010 |
13.1 | £505 | £760 | £1,010 |
14.1 | £555 | £835 | £1,110 |
15.1 | £505 | £760 | £1,010 |
15.2 | £405 | £610 | £810 |
15.3 | £400 | £600 | £800 |
16.1 | £555 | £835 | £1,110 |
16.2 | £505 | £760 | £1,010 |
16.3 | £505 | £760 | £1,010 |
17.1 | £400 | £600 | £800]] |
Textual Amendments
F44Sch. 1 paras. 5, 5A substituted for Sch. 1 para. 5 (1.4.2018) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2018 (S.I. 2018/220), regs. 1, 10 (with reg. 34)
F46Sch. 1 para. 5A table substituted (31.12.2018) by The Criminal Legal Aid (Remuneration) (Amendment) (No. 2) Regulations 2018 (S.I. 2018/1323), regs. 1, 6 (with reg. 17)
[F476.—(1) Subject to sub-paragraph (2) and to paragraph 22, this Part does not apply to a case F48... sent for trial to the Crown Court on the election of a defendant where the magistrates’ court has determined the case to be suitable for a summary trial.
[F49(2) This Part applies in all cases where the trial is a cracked trial because—
(a)the prosecution offer no evidence on all counts against the defendant and the judge directs that a not guilty verdict be entered; or
(b)after the election by the defendant mentioned in sub-paragraph (1)—
(i)there is a substantive change to a count on the indictment and the defendant pleads guilty; or
[F50(ii)the defendant pleads guilty to one or more counts on the indictment and the prosecution offer no evidence on a remaining count, or otherwise do not proceed to trial on a remaining count.]]]
Textual Amendments
F47Sch. 1 para. 6 substituted (2.10.2014) by The Criminal Legal Aid (Remuneration) (Amendment) (No.2) Regulations 2014 (S.I. 2014/2422), regs. 1(1), 2(6)(a) (with reg. 3)
F48Words in Sch. 1 para. 6(1) 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(2)(f) (with reg. 10(1))
F49Sch. 1 para. 6(2) substituted (1.4.2018) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2018 (S.I. 2018/220), regs. 1, 11 (with reg. 34)
F50Sch. 1 para. 6(2)(b)(ii) substituted (31.12.2018) by The Criminal Legal Aid (Remuneration) (Amendment) (No. 2) Regulations 2018 (S.I. 2018/1323), regs. 1, 7 (with reg. 17)
7. The amount of the fee for a single trial advocate representing one assisted person where the case is—
(a)a guilty plea, is the fee specified in Table A following this paragraph;
(b)a cracked trial, is the fee specified in Table A1 following this paragraph,
as appropriate to the offence with which the assisted person is charged, and the category of the trial advocate.]
(1) Band of offence | Amount of basic fee per category of trial advocate | ||
---|---|---|---|
(2) Junior Alone or Led Junior | (3) Leading Junior | (4) Queen’s Counsel | |
1.1 | £4,295 | £6,440 | £8,585 |
1.2 | £2,150 | £3,220 | £4,295 |
1.3 | £1,290 | £1,930 | £2,575 |
1.4 | £1,075 | £1,610 | £2,145 |
2.1 | £4,295 | £6,440 | £8,585 |
2.2 | £1,290 | £1,930 | £2,575 |
3.1 | £1,770 | £2,650 | £3,535 |
3.2 | £1,010 | £1,515 | £2,020 |
3.3 | £600 | £900 | £1,200 |
3.4 | £425 | £640 | £850 |
3.5 | £375 | £565 | £750 |
4.1 | £1,010 | £1,515 | £2,020 |
4.2 | £785 | £1,175 | £1,565 |
4.3 | £760 | £1,135 | £1,515 |
5.1 | £950 | £1,425 | £1,900 |
5.2 | £710 | £1,060 | £1,415 |
5.3 | £505 | £760 | £1,010 |
6.1 | £4,245 | £6,365 | £8,485 |
6.2 | £3,850 | £5,775 | £7,700 |
6.3 | £1,430 | £2,140 | £2,855 |
6.4 | £505 | £760 | £1,010 |
6.5 | £405 | £610 | £810 |
7.1 | £710 | £1,060 | £1,415 |
7.2 | £405 | £610 | £810 |
7.3 | £380 | £570 | £760 |
8.1 | £605 | £910 | £1,210 |
9.1 | £2,930 | £4,395 | £5,860 |
9.2 | £2,020 | £3,030 | £4,040 |
9.3 | £1,515 | £2,275 | £3,030 |
9.4 | £1,325 | £1,990 | £2,650 |
9.5 | £810 | £1,210 | £1,615 |
9.6 | £605 | £910 | £1,210 |
9.7 | £405 | £610 | £810 |
10.1 | £1,110 | £1,665 | £2,220 |
11.1 | £700 | £1,050 | £1,400 |
11.2 | £400 | £600 | £800 |
12.1 | £1,060 | £1,590 | £2,120 |
12.2 | £660 | £985 | £1,315 |
12.3 | £455 | £685 | £910 |
13.1 | £900 | £1,350 | £1,800 |
14.1 | £1,165 | £1,745 | £2,325 |
15.1 | £810 | £1,210 | £1,615 |
15.2 | £700 | £1,050 | £1,400 |
15.3 | £425 | £640 | £850 |
16.1 | £1,110 | £1,665 | £2,220 |
16.2 | £810 | £1,210 | £1,615 |
16.3 | £505 | £760 | £1,010 |
17.1 | £365 | £545 | £725 |
(1) Band of offence | Amount of fee for a cracked trial per category of trial advocate | ||
---|---|---|---|
(2) Junior Alone or Led Junior | (3) Leading Junior | (4) Queen’s Counsel | |
1.1 | £8,585 | £12,880 | £17,170 |
1.2 | £4,295 | £6,445 | £8,590 |
1.3 | £2,575 | £3,865 | £5,150 |
1.4 | £2,145 | £3,220 | £4,290 |
2.1 | £8,585 | £12,880 | £17,170 |
2.2 | £2,575 | £3,865 | £5,150 |
3.1 | £3,535 | £5,305 | £7,070 |
3.2 | £2,020 | £3,030 | £4,040 |
3.3 | £1,200 | £1,800 | £2,400 |
3.4 | £850 | £1,275 | £1,700 |
3.5 | £750 | £1,125 | £1,500 |
4.1 | £2,020 | £3,030 | £4,040 |
4.2 | £1,565 | £2,350 | £3,130 |
4.3 | £1,515 | £2,275 | £3,030 |
5.1 | £1,900 | £2,850 | £3,800 |
5.2 | £1,415 | £2,125 | £2,830 |
5.3 | £1,010 | £1,515 | £2,020 |
6.1 | £8,485 | £12,730 | £16,970 |
6.2 | £7,700 | £11,550 | £15,400 |
6.3 | £2,855 | £4,285 | £5,710 |
6.4 | £1,010 | £1,515 | £2,020 |
6.5 | £810 | £1,215 | £1,620 |
7.1 | £1,415 | £2,125 | £2,830 |
7.2 | £810 | £1,215 | £1,620 |
7.3 | £760 | £1,140 | £1,520 |
8.1 | £1,210 | £1,815 | £2,420 |
9.1 | £5,860 | £8,790 | £11,720 |
9.2 | £4,040 | £6,060 | £8,080 |
9.3 | £3,030 | £4,545 | £6,060 |
9.4 | £2,650 | £3,975 | £5,300 |
9.5 | £1,615 | £2,425 | £3,230 |
9.6 | £1,210 | £1,815 | £2,420 |
9.7 | £810 | £1,215 | £1,620 |
10.1 | £2,220 | £3,330 | £4,440 |
11.1 | £1,400 | £2,100 | £2,800 |
11.2 | £800 | £1,200 | £1,600 |
12.1 | £2,120 | £3,180 | £4,240 |
12.2 | £1,315 | £1,975 | £2,630 |
12.3 | £910 | £1,365 | £1,820 |
13.1 | £1,800 | £2,700 | £3,600 |
14.1 | £2,325 | £3,490 | £4,650 |
15.1 | £1,615 | £2,425 | £3,230 |
15.2 | £1,400 | £2,100 | £2,800 |
15.3 | £850 | £1,275 | £1,700 |
16.1 | £2,220 | £3,330 | £4,440 |
16.2 | £1,615 | £2,425 | £3,230 |
16.3 | £1,010 | £1,515 | £2,020 |
17.1 | £725 | £1,090 | £1,450] |
Textual Amendments
F51Sch. 1 para. 7 substituted (17.9.2020) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2020 (S.I. 2020/903), regs. 1(2), 4(3) (with reg. 7)
F52Sch. 1 para. 7 Tables: Sch. 1 para. 8 Tables follow Sch. 1 para. 7 (17.9.2020) by virtue of The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2020 (S.I. 2020/903), regs. 1(2), 4(4)(5) (with reg. 7)
F53Sch. 1 para. 7 Table A heading substituted (17.9.2020) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2020 (S.I. 2020/903), regs. 1(2), 4(5) (with reg. 7)
F54Sch. 1 para. 7 Table A1 inserted (17.9.2020) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2020 (S.I. 2020/903), regs. 1(2), 4(6) (with reg. 7)
F55Sch. 1 para. 7 Table B omitted (17.9.2020) by virtue of The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2020 (S.I. 2020/903), regs. 1(2), 4(7) (with reg. 7)
F568. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F56Sch. 1 para. 8 (except for the Tables, which now follow reg. 7) omitted (17.9.2020) by virtue of The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2020 (S.I. 2020/903), regs. 1(2), 4(4) (with reg. 7)
[F579.—(1) Subject to sub-paragraph (2), this Part applies to a case F58... sent for trial to the Crown Court on the election of a defendant where the magistrates’ court has determined the case to be suitable for summary trial.
[F59(2) This Part does not apply where the trial is a cracked trial because—
(a)the prosecution offer no evidence on all counts against the defendant and the judge directs that a not guilty verdict be entered; or
(b)after the election by the defendant mentioned in sub-paragraph (1)—
(i)there is a substantive change to a count on the indictment and the defendant pleads guilty; or
[F60(ii)the defendant pleads guilty to one or more counts on the indictment and the prosecution offer no evidence on a remaining count, or otherwise do not proceed to trial on a remaining count.]]]
Textual Amendments
F57Sch. 1 para. 9 substituted (2.10.2014) by The Criminal Legal Aid (Remuneration) (Amendment) (No.2) Regulations 2014 (S.I. 2014/2422), regs. 1(1), 2(6)(b) (with reg. 3)
F58Words in Sch. 1 para. 9(1) 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(2)(f) (with reg. 10(1))
F59Sch. 1 para. 9(2) substituted (1.4.2018) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2018 (S.I. 2018/220), regs. 1, 14 (with reg. 34)
F60Sch. 1 para. 9(2)(b)(ii) substituted (31.12.2018) by The Criminal Legal Aid (Remuneration) (Amendment) (No. 2) Regulations 2018 (S.I. 2018/1323), regs. 1, 9 (with reg. 17)
10. The fee payable to an advocate in relation to a guilty plea or cracked trial to which this Part applies is [F61£365] per proceedings.
Textual Amendments
F61Sum in Sch. 1 para. 10 substituted (31.12.2018) by The Criminal Legal Aid (Remuneration) (Amendment) (No. 2) Regulations 2018 (S.I. 2018/1323), regs. 1, 10 (with reg. 17)
11.—(1) All work undertaken by an advocate in a case to which Part 4 applies is included within the fee set out in paragraph 10 except for attendance at a confiscation hearing to which paragraph 14 applies.
(2) Except as provided under this Part, all work undertaken by an advocate in a case to which Part 3 applies is included within the basic fee F62... specified in the table following paragraph 5, or [F63the basic fee specified in the tables] following [F64paragraph 7], as appropriate to—
(a)the offence for which the assisted person is tried;
(b)the category of advocate; and
(c)whether the case is a cracked trial, guilty plea or trial.
Textual Amendments
F62Word in Sch. 1 para. 11(2) omitted (1.4.2018) by virtue of The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2018 (S.I. 2018/220), regs. 1, 15(a) (with reg. 34)
F63Words in Sch. 1 para. 11(2) substituted (1.4.2018) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2018 (S.I. 2018/220), regs. 1, 15(b) (with reg. 34)
F64Words in Sch. 1 para. 11(2) substituted (17.9.2020) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2020 (S.I. 2020/903), regs. 1(2), 4(8) (with reg. 7)
12.—F66(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2) The fee payable in respect of an appearance by the trial advocate or substitute advocate at a F67...standard appearance F68... is specified in the table following paragraph 24 as appropriate to the category of trial advocate or substitute advocate.
F69(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) This paragraph does not apply to a standard appearance which is or forms part of the main hearing in a case or to a hearing for which a fee is payable elsewhere under this Schedule.
Textual Amendments
F65Words in Sch. 1 para. 12 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(11)(c)(i)
F66Sch. 1 para. 12(1) omitted (1.4.2018) by virtue of The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2018 (S.I. 2018/220), regs. 1, 16(a) (with reg. 34)
F67Words in Sch. 1 para. 12(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(11)(c)(iii)
F68Words in Sch. 1 para. 12(2) omitted (1.4.2018) by virtue of The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2018 (S.I. 2018/220), regs. 1, 16(b) (with reg. 34)
F69Sch. 1 para. 12(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(11)(c)(iv) (with reg. 10(2))
13.—(1) This paragraph applies to—
(a)the hearing of an application to stay the case on indictment or any count on the ground that the proceedings constitute an abuse of the process of the court;
(b)any hearing relating to the question of whether any material should be disclosed by the prosecution to the defence or the defence to the prosecution (whether or not any claim to public interest immunity is made);
(c)the hearing of an application under section 2(1) of the Criminal Procedure (Attendance of Witnesses) Act 1965 M3 (issue of witness summons on application to Crown Court) for disclosure of material held by third parties;
(d)any hearing relating to the question of the admissibility as evidence of any material; F70...
[F71(da)a ground rules hearing ordered in a case in which a special measures direction provides for a recording to be admitted under section 28 (video recorded cross-examination or re-examination) of the Youth Justice and Criminal Evidence Act 1999, and for this purpose “special measures direction” has the meaning given in section 33(1) (interpretation etc. of Chapter I) of that Act; and]
(e)the hearing of an application to withdraw a plea of guilty where the application is—
(i)made by an advocate other than the advocate who appeared at the hearing at which the plea of guilty was entered; and
(ii)unsuccessful.
(2) Where a hearing to which this paragraph applies is held on any day of the main hearing of a case on indictment, no separate fee is payable in respect of attendance at the hearing, but the hearing is included in the length of the main hearing for the purpose of calculating the fees payable.
(3) Where a hearing to which this paragraph applies is held prior to the first or only day of the main hearing, it is not included in the length of the main hearing for the purpose of calculating the fees payable and the trial advocate or substitute advocate must be remunerated for attendance at such a hearing—
(a)in respect of any day where the hearing begins before and ends after the luncheon adjournment, at the daily rate set out in the table following paragraph 24 as appropriate to the category of trial advocate or substitute advocate; or
(b)in respect of any day where the hearing begins and ends before the luncheon adjournment, or begins after the luncheon adjournment, at the half-daily rate set out in the table following paragraph 24 as appropriate to the category of trial advocate or substitute advocate.
Textual Amendments
F70Word in Sch. 1 para. 13(1)(d) omitted (1.4.2018) by virtue of The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2018 (S.I. 2018/220), regs. 1, 17(a) (with reg. 34)
F71Sch. 1 para. 13(1)(da) inserted (1.4.2018) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2018 (S.I. 2018/220), regs. 1, 17(b) (with reg. 34)
Marginal Citations
14.—(1) This paragraph applies to—
(a)a hearing under Part 2 of the Proceeds of Crime Act 2002 M4 (confiscation: England and Wales);
(b)a hearing under section 2 of the Drug Trafficking Act 1994 M5 (confiscation orders); and
(c)a hearing under section 71 of the Criminal Justice Act 1988 M6 (confiscation orders).
(2) A hearing to which this paragraph applies is not included in the length of the main hearing or of any sentencing hearing for the purpose of calculating the fees payable, and the trial advocate or substitute advocate must be remunerated in respect of such a hearing—
(a)where the number of pages of evidence is fewer than 51, for attendance—
(i)in respect of any day when the hearing begins before and ends after the luncheon adjournment, at the daily rate set out in the first section of the table following this sub-paragraph; or
(ii)in respect of any day when the hearing begins and ends before the luncheon adjournment, or begins after the luncheon adjournment, at the half-daily rate set out in the first section of that table,
as appropriate to the category of trial advocate or substitute advocate;
(b)where the number of pages of evidence is between 51 and 1000—
(i)at the rates for the relevant number of pages set out in the second section of the table following this sub-paragraph; and
(ii)where the hearing lasts for more than one day, for attendance on subsequent days or half-days at the daily rate or half-daily rate set out in the first section of that table,
as appropriate to the category of trial advocate or substitute advocate; or
(c)where the number of pages of evidence exceeds 1000—
(i)at the rates for 751 to 1000 pages set out in the second section of the table following this sub-paragraph;
(ii)with such fee as the appropriate officer considers reasonable for preparation in respect of the pages in excess of 1000, at the hourly rates for preparation set out in the third section of that table; and
(iii)where the hearing lasts for more than one day, for attendance on subsequent days or half-days at the daily rate or half-daily rate set out in the first section of that table,
as appropriate to the category of trial advocate or substitute advocate.
Fee for QC | >Fee for Leading Junior | Fee for Junior Alone | Fee for Led Junior | |
---|---|---|---|---|
1. Daily and half daily rates | ||||
Half daily rate | £263 | £197 | £131 | £131 |
Daily rate | £502 | £349 | £240 | £240 |
2. Pages of evidence | ||||
51-250 | £655 | £546 | £437 | £327 |
251-500 | £983 | £819 | £655 | £491 |
501-750 | £1,311 | £1,092 | £874 | £655 |
751-1000 | £1,965 | £1,638 | £1,311 | £983 |
3. Preparation hourly rates | £74.74 | £56.56 | £39.39 | £39.39] |
(3) In sub-paragraph (2) “evidence” means—
(a)the statement of information served under section 16 of the Proceeds of Crime Act 2002 and relied on by the prosecution for the purposes of a hearing under Part 2 of that Act, or a similar statement served and so relied on for the purposes of a hearing under section 2 of the Drug Trafficking Act 1994 or under section 71 of the Criminal Justice Act 1988 and, in each case, any attached annexes and exhibits;
(b)any other document which—
(i)is served as a statement or an exhibit for the purposes of the trial;
(ii)is specifically referred to in, but not served with, a statement mentioned in paragraph (a); and
(iii)the prosecution state that they intend to rely on in the hearing; and
(c)any written report of an expert obtained with the prior authority of the Lord Chancellor under regulation 13 or allowed by the appropriate officer under these Regulations, and any attached annexes and exhibits, other than documents contained in such annexes or exhibits which have also been served under paragraph (a) or (b) or which consist of financial records or similar data.
Textual Amendments
F72Sch. 1 para. 14(2) table substituted (31.12.2018) by The Criminal Legal Aid (Remuneration) (Amendment) (No. 2) Regulations 2018 (S.I. 2018/1323), regs. 1, 11 (with reg. 17)
Marginal Citations
[F7315.—(1) Subject to sub-paragraphs (2) to (4), the fee payable to an advocate for appearing at a sentencing hearing is the fixed sentencing hearing fee.
(2) Where sentence has been deferred under [F74Chapter 1 of Part 2 of the Sentencing Code (deferment of sentence)], the fee payable to an advocate for appearing at a sentencing hearing is the fee for a deferred sentencing hearing for the category of the advocate concerned which is set out in the fixed fees table.
(3) Subject to sub-paragraph (4), where a hospital direction, a hospital order or a restriction order is in force in respect of an assisted person in a sentencing hearing, the fee payable to an advocate for appearing at the sentencing hearing is a fee (the “DAF equivalent fee”) which is equal to the daily attendance fee under paragraph 5A which relates to the category of the advocate concerned and the band within which the offence for which the assisted person is to be sentenced falls.
(4) Where the sentencing hearing takes place on a day, or at a time, in respect of which an advocate receives, or is to receive, a banded fee—
(a)no fixed sentencing hearing fee is payable to the advocate for appearing at the sentencing hearing under sub-paragraph (1);
(b)no DAF equivalent fee is payable to the advocate for appearing at the sentencing hearing under sub-paragraph (3).
(5) In this paragraph—
“banded fee” means a basic fee under paragraph 5, a daily attendance fee under paragraph 5A or a basic fee (in respect of a guilty plea or a cracked trial) under [F75paragraph 7];
“fixed fees table” means the table following paragraph 24;
“fixed sentencing hearing fee” means the fee for a sentencing hearing for the category of the advocate concerned which is set out in fixed fees table;
“hospital direction” has the meaning given in section 45A (power of higher courts to direct hospital admission) of the Mental Health Act 1983;
“hospital order” has the meaning given in section 37 (powers of courts to order hospital admission or guardianship) of the Mental Health Act 1983;
“sentencing hearing” means a sentencing hearing following a case on indictment to which this Schedule applies.]
Textual Amendments
F73Sch. 1 para. 15 substituted (1.4.2018) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2018 (S.I. 2018/220), regs. 1, 18 (with reg. 34)
F74Words in Sch. 1 para. 15(2) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 414 (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2
F75Words in Sch. 1 para. 15(5) substituted (17.9.2020) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2020 (S.I. 2020/903), regs. 1(2), 4(9) (with reg. 7)
16. The fee set out in the table following paragraph 24 as appropriate to the category of trial advocate is payable in respect of each day on which the case was listed for trial but did not proceed on the day for which it was listed, for whatever reason.
17.—(1) This paragraph applies where, in any case on indictment in the Crown Court in respect of which a graduated fee is payable under Part 2 or Part 3—
(a)it has been necessary for an advocate to do work by way of preparation substantially in excess of the amount normally done for cases of the same type because the case involves a F76... [F77very unusual or] novel point of law [F78or factual issue][F79; or]
[F80(b)the number of pages of prosecution evidence, as defined and determined in accordance with paragraph 1(2) to (5), exceeds—
[F81(ai)in cases falling within bands 2.1 and 2.2 (terrorism offences), 750;
(bi)in cases falling within bands 3.1 to 3.5 (serious violence), 700;
(ci)in cases falling within bands 4.1. to 4.3 (sexual offences, children), 750;
(di)in cases falling within bands 5.1 to 5.3 (sexual offences, adult), 650;]
(i)in cases falling within bands 6.1 to 6.5 (dishonesty offences, including proceeds of crime and money laundering), 30,000;
[F82(ia)in cases falling within bands 7.1 to 7.3 (property damage offences), 550;
(ib)in cases falling within band 8.1 (offences against the public interest, unless standard), 600;]
(ii)in cases falling within bands 9.1 to 9.7 (drugs offences), 15,000; or
[F83(iia)in cases falling within band 10.1 (driving offences), 800;
(iib)in cases falling within bands 11.1 and 11.2 (burglary and robbery), 350;
(iic)in cases falling within bands 12.1 to 12.3 (firearms offences), 750;
(iid)in cases falling within band 13.1 (other offences against the person), 750;
(iie)in cases falling within band 14.1 (exploitation/human trafficking offences), 350;
(iif)in cases falling within bands 15.1 to 15.3 (public order offences), 150;
(iig)in cases falling within bands 16.1 to 16.3 (regulatory offences), 300;
(iih)in cases falling within band 17.1 (standard cases), 100;]
(iii)in all other cases, 10,000,
and the appropriate officer considers it reasonable to make a payment in excess of the graduated fee payable under this Schedule.]
F84(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2) Where this paragraph applies, a special preparation fee may be paid, in addition to the graduated fee payable under Part 2 or Part 3.
(3) The amount of the special preparation fee must be calculated—
(a)where sub-paragraph (1)(a) applies, from the number of hours preparation in excess of the amount the appropriate officer considers reasonable for cases of the same type;
(b)where sub-paragraph (1)(b) applies, from the number of hours which the appropriate officer considers reasonable to read the excess pages; F85...
F86(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
and in each case using the hourly fee rates set out in the table following paragraph 24 as appropriate to the category of trial advocate.
(4) Any claim for a special preparation fee under this paragraph must be made by [F87a trial] advocate, whether or not [F88the trial] advocate did the work claimed for.
(5) [F89A trial] advocate claiming a special preparation fee must supply such information and documents as may be required by the appropriate officer in support of the claim.
(6) In determining a claim under this paragraph, the appropriate officer must take into account all the relevant circumstances of the case, including, where special preparation work has been undertaken by more than one advocate, the benefit of such work to the trial advocate.
[F90(7) In sub-paragraphs (4) and (5), where the main hearing is a trial, “trial advocate” means the advocate who—
(a)is instructed pursuant to a section 16 determination to represent the assisted person at the trial, and
(b)attends the first day of the trial.]
Textual Amendments
F76Words in Sch. 1 para. 17(1)(a) omitted (1.4.2018) by virtue of The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2018 (S.I. 2018/220), regs. 1, 19(a)(i) (with reg. 34)
F77Words in Sch. 1 para. 17(1)(a) inserted (31.12.2018) by The Criminal Legal Aid (Remuneration) (Amendment) (No. 2) Regulations 2018 (S.I. 2018/1323), regs. 1, 12(a) (with reg. 17)
F78Words in Sch. 1 para. 17(1)(a) inserted (31.12.2018) by The Criminal Legal Aid (Remuneration) (Amendment) (No. 2) Regulations 2018 (S.I. 2018/1323), regs. 1, 12(b) (with reg. 17)
F79Word in Sch. 1 para. 17(1)(a) substituted (1.4.2018) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2018 (S.I. 2018/220), regs. 1, 19(a)(ii) (with reg. 34)
F80Sch. 1 para. 17(1)(b) substituted (1.4.2018) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2018 (S.I. 2018/220), regs. 1, 19(b) (with reg. 34)
F81Sch. 1 para. 17(1)(b)(ai)-(di) inserted (17.9.2020) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2020 (S.I. 2020/903), regs. 1(2), 4(10)(a) (with reg. 7)
F82Sch. 1 para. 17(1)(b)(ia)(ib) inserted (17.9.2020) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2020 (S.I. 2020/903), regs. 1(2), 4(10)(b) (with reg. 7)
F83Sch. 1 para. 17(1)(b)(iia)-(iih) inserted (17.9.2020) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2020 (S.I. 2020/903), regs. 1(2), 4(10)(c) (with reg. 7)
F84Sch. 1 para. 17(1)(c) omitted (1.4.2018) by virtue of The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2018 (S.I. 2018/220), regs. 1, 19(c) (with reg. 34)
F85Word in Sch. 1 para. 17(3)(b) omitted (1.4.2018) by virtue of The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2018 (S.I. 2018/220), regs. 1, 19(d) (with reg. 34)
F86Sch. 1 para. 17(3)(c) omitted (1.4.2018) by virtue of The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2018 (S.I. 2018/220), regs. 1, 19(e) (with reg. 34)
F87Words in Sch. 1 para. 17(4) substituted (5.5.2015) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2015 (S.I. 2015/882), regs. 1, 2(3)(f) (with reg. 3)
F88Words in Sch. 1 para. 17(4) substituted (5.5.2015) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2015 (S.I. 2015/882), regs. 1, 2(6)(d) (with reg. 3)
F89Words in Sch. 1 para. 17(5) substituted (5.5.2015) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2015 (S.I. 2015/882), regs. 1, 2(4)(c) (with reg. 3)
F90Sch. 1 para. 17(7) inserted (5.5.2015) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2015 (S.I. 2015/882), regs. 1, 2(16)(b) (with reg. 3)
17A.—(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 or Part 3, other than a guilty plea.
(2) In any case to which this paragraph applies, a fee (“the basic consideration fee”) is payable to a trial advocate in respect of the consideration of unused material which corresponds to the category of the advocate concerned specified in the table following this sub-paragraph, whether or not such consideration has actually occurred.
Category of advocate | Fee |
---|---|
QC | £112.11 |
Leading Junior | £84.84 |
Junior alone or Led Junior | [F92£59.09] |
(3) This sub-paragraph applies where—
(a)a trial advocate has undertaken the consideration of unused material; and
(b)the advocate 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 trial advocate in addition to the basic consideration fee; and
(b)the amount of the additional fee corresponds to the category of the advocate concerned specified in the table following paragraph 24.
(5) The additional fee is payable only where the appropriate officer considers it reasonable to make such a payment.
(6) A trial advocate 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
F91Sch. 1 para. 17A inserted (17.9.2020) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2020 (S.I. 2020/903), regs. 1(2), 4(11) (with reg. 7)
F92Sum in Sch. 1 para. 17A substituted (19.2.2021) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2021 (S.I. 2021/80), regs. 1, 2(2)(a) (with reg. 3)
18.—(1) A wasted preparation fee may be claimed where a trial advocate in any case to which this paragraph applies is prevented from representing the assisted person in the main hearing by any of the following circumstances—
(a)the trial advocate is instructed to appear in other proceedings at the same time as the main hearing in the case and has been unable to secure a change of date for either the main hearing or the other proceedings;
(b)the date fixed for the main hearing is changed by the court despite the trial advocate's objection;
(c)the trial advocate has withdrawn from the case with the leave of the court because of the trial advocate's professional code of conduct or to avoid embarrassment in the exercise of the trial advocate's profession;
(d)the trial advocate has been dismissed by the assisted person or the litigator; or
(e)the trial advocate is obliged to attend at any place by reason of a judicial office held by the trial advocate or other public duty.
(2) This paragraph applies to every case on indictment to which this Schedule applies provided that—
(a)the case goes to trial, and the trial lasts for five days or more; or
(b)the case is a cracked trial, and the number of pages of prosecution evidence exceeds 150.
(3) The amount of the wasted preparation fee must be calculated from the number of hours of preparation reasonably carried out by the trial advocate, using the hourly fee rates set out in the table following paragraph 24 as appropriate to the category of trial advocate, but no such fee is payable unless the number of hours of preparation is eight or more.
(4) Any claim for a wasted preparation fee under this paragraph must be made by [F93a trial] advocate, whether or not [F94the trial] advocate did the work claimed for.
(5) [F95A trial] advocate claiming a wasted preparation fee must supply such information and documents as may be required by the appropriate officer as proof of the circumstances in which the F96... advocate was prevented from representing the assisted person and of the number of hours of preparation.
[F97(6) In sub-paragraphs (4) and (5), where the main hearing is a trial, “trial advocate” means an advocate who—
(a)is instructed pursuant to a section 16 determination to represent the assisted person at the trial, and
(b)attends the first day of the trial.]
Textual Amendments
F93Words in Sch. 1 para. 18(4) substituted (5.5.2015) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2015 (S.I. 2015/882), regs. 1, 2(3)(f) (with reg. 3)
F94Words in Sch. 1 para. 18(4) substituted (5.5.2015) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2015 (S.I. 2015/882), regs. 1, 2(6)(d) (with reg. 3)
F95Words in Sch. 1 para. 18(5) substituted (5.5.2015) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2015 (S.I. 2015/882), regs. 1, 2(4)(c) (with reg. 3)
F96Word in Sch. 1 para. 18(5) omitted (5.5.2015) by virtue of The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2015 (S.I. 2015/882), regs. 1, 2(16)(c)(i) (with reg. 3)
F97Sch. 1 para. 18(6) inserted (5.5.2015) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2015 (S.I. 2015/882), regs. 1, 2(16)(c)(ii) (with reg. 3)
19.—(1) This paragraph applies to the following types of work—
(a)attendance by the trial advocate at pre-trial conferences with prospective or actual expert witnesses not held at court;
(b)attendance by the trial advocate at views at the scene of the alleged offence;
(c)attendance by the trial advocate at pre-trial conferences with the assisted person not held at court;
(d)reasonable travelling time by the trial advocate for the purpose of attending a view at the scene of the alleged offence; or
(e)reasonable travelling time by the trial advocate for the purpose of attending a pre-trial conference with the assisted person or prospective or actual expert witness, where the appropriate officer is satisfied that the assisted person or prospective or actual expert witness was unable or could not reasonably have been expected to attend a conference at the trial advocate's chambers or office.
(2) The fees payable in respect of attendance at the first three pre-trial conferences or views, as set out in sub-paragraph (1)(a) to (c), are included in the basic fee F98... specified in the table following paragraph 5, or [F99the basic fee specified in the tables following] [F100paragraph 7], as appropriate to the offence for which the assisted person is tried, the category of trial advocate and whether the case is a guilty plea, cracked trial or trial, provided that the trial advocate satisfies the appropriate officer that the work was reasonably necessary.
(3) The fee specified in the table following paragraph 24 as appropriate to the category of trial advocate is payable in the following circumstances, provided that the trial advocate satisfies the appropriate officer that the work was reasonably necessary—
(a)for trials lasting not less than 21 and not more than 25 days, and cracked trials where it was accepted by the court at [F101the first hearing at which the assisted person entered a plea] that the trial would last not less than 21 days and not more than 25 days, one further pre-trial conference or view not exceeding two hours;
(b)for trials lasting not less than 26 and not more than 35 days, and cracked trials where it was accepted by the court at [F101the first hearing at which the assisted person entered a plea] that the trial would last not less than 26 days and not more than 35 days, two further pre-trial conferences or views each not exceeding two hours; and
(c)for trials lasting not less than 36 days, and cracked trials where it was accepted by the court at [F101the first hearing at which the assisted person entered a plea] that the trial would last not less than 36 days and not more than 40 days, three further pre-trial conferences or views each not exceeding two hours.
(4) Travel expenses must be paid for all conferences and views set out in sub-paragraph (1)(a) to (c), provided that the trial advocate satisfies the appropriate officer that they were reasonably incurred.
(5) Travelling time must be paid for all conferences and views set out in sub-paragraph (1)(a) to (c), provided that the trial advocate satisfies the appropriate officer that it was reasonable.
Textual Amendments
F98Word in Sch. 1 para. 19(2) omitted (1.4.2018) by virtue of The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2018 (S.I. 2018/220), regs. 1, 20(a) (with reg. 34)
F99Words in Sch. 1 para. 19(2) substituted (1.4.2018) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2018 (S.I. 2018/220), regs. 1, 20(b) (with reg. 34)
F100Words in Sch. 1 para. 19(2) substituted (17.9.2020) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2020 (S.I. 2020/903), regs. 1(2), 4(12) (with reg. 7)
F101Words in Sch. 1 para. 19(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(11)(d)
19A.—[F103(1)] The fee payable to a trial advocate for a further case management hearing or a plea and trial preparation hearing held at court is the fee which corresponds with a hearing of that description, and the category of the advocate concerned, which is set out in the table following paragraph 24.
[F104(2) But if a guilty plea is entered at a plea and trial preparation hearing, the fee payable to the advocate for that hearing is the amount set out in Table A following [F105paragraph 7] which corresponds with the band within which the offence falls and the category of the advocate concerned.]]
Textual Amendments
F102Sch. 1 para. 19A inserted (1.4.2018) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2018 (S.I. 2018/220), regs. 1, 21 (with reg. 34)
F103 Sch 1 para. 19A renumbered as Sch. 1 para 19A(1) (31.12.2018) by The Criminal Legal Aid (Remuneration) (Amendment) (No. 2) Regulations 2018 (S.I. 2018/1323), regs. 1, 13(2) (with reg. 17)
F104Sch. 1 para. 19A(2) inserted (31.12.2018) by The Criminal Legal Aid (Remuneration) (Amendment) (No. 2) Regulations 2018 (S.I. 2018/1323), regs. 1, 13(3) (with reg. 17)
F105Words in Sch. 1 para. 19A(2) substituted (17.9.2020) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2020 (S.I. 2020/903), regs. 1(2), 4(13) (with reg. 7)
20.—(1) Subject to sub-paragraphs [F106(4) to (7)] and paragraph 26 the fee payable to a trial advocate in any of the hearings referred to in paragraph 2(1)(b) is the fixed fee specified in the table following paragraph 24.
(2) Where a hearing referred to in paragraph 2(1)(b) is listed but cannot proceed because of the failure of the assisted person or a witness to attend, the unavailability of a pre-sentence report, or other good reason, the fee payable to the advocate is the fixed fee specified in the table following paragraph 24.
(3) Where—
(a)a bail application;
(b)a mention hearing; or
(c)any other application,
takes place in the course of a hearing referred to in paragraph 2(1)(b), the fee payable to the advocate is the fixed fee specified in the table following paragraph 24.
(4) Where it appears to the appropriate officer that the fixed fee allowed under sub-paragraph (1) would be inappropriate taking into account all of the relevant circumstances of the case the appropriate officer may instead allow fees of such amounts as appear to the appropriate officer to be reasonable remuneration for the relevant work in accordance with sub-paragraph (5).
(5) The appropriate officer may allow any of the following classes of fees to an advocate in respect of work allowed by the appropriate officer under this paragraph—
(a)a fee for preparation including, where appropriate, the first day of the hearing including, where they took place on that day—
(i)short conferences;
(ii)consultations;
(iii)applications and appearances (including bail applications);
(iv)views at the scene of the alleged offence; and
(v)any other preparation;
(b)a refresher fee for any day or part of a day for which a hearing continued, including, where they took place on that day—
(i)short conferences;
(ii)consultations;
(iii)applications and appearances (including bail applications);
(iv)views at the scene of the alleged offence; and
(v)any other preparation; and
(c)subsidiary fees for—
(i)attendance at conferences, consultations and views at the scene of the alleged offence not covered by paragraph (a) or (b);
(ii)written advice on evidence, plea, appeal, case stated or other written work; and
(iii)attendance at applications and appearances (including bail applications and adjournments for sentence) not covered by paragraph (a) or (b).
[F107(6) Sub-paragraph (7) applies where the hearing—
(a)is an appeal from a magistrates’ court;
(b)is heard in the Crown Court; and
(c)lasts for more than one day.
(7) Where this sub-paragraph applies, the fee payable to the advocate—
(a)for the first day of the hearing, is the basic fee for band 17.1, set out in the table following paragraph 5, for the category of the advocate concerned;
(b)for the second day, and any subsequent days, of the hearing, is the daily attendance fee for band 17.1, set out in the table following paragraph 5A, for the category of the advocate concerned.]
Textual Amendments
F106Words in Sch. 1 para. 20(1) substituted (1.4.2018) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2018 (S.I. 2018/220), regs. 1, 22(a) (with reg. 34)
F107Sch. 1 para. 20(6)(7) inserted (1.4.2018) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2018 (S.I. 2018/220), regs. 1, 22(b) (with reg. 34)
21.—(1) Subject to sub-paragraph (2), remuneration for advocates in proceedings referred to in section 14(g) of the Act in the Crown Court must be at the rates specified in the table following this sub-paragraph.
(2) Where an advocate and a litigator are instructed in proceedings referred to in section 14(g) of the Act, remuneration must be at the rates specified in the table following this sub-paragraph, as appropriate to the category of advocate.
Textual Amendments
F108Sum in Sch. 1 para. 21(1) table substituted (31.12.2018) by The Criminal Legal Aid (Remuneration) (Amendment) (No. 2) Regulations 2018 (S.I. 2018/1323), regs. 1, 14(a)(i) (with reg. 17)
F109Sum in Sch. 1 para. 21(1) table substituted (31.12.2018) by The Criminal Legal Aid (Remuneration) (Amendment) (No. 2) Regulations 2018 (S.I. 2018/1323), regs. 1, 14(a)(ii) (with reg. 17)
F110Sum in Sch. 1 para. 21(1) table substituted (31.12.2018) by The Criminal Legal Aid (Remuneration) (Amendment) (No. 2) Regulations 2018 (S.I. 2018/1323), regs. 1, 14(a)(iii) (with reg. 17)
F111Sum in Sch. 1 para. 21(2) table substituted (31.12.2018) by The Criminal Legal Aid (Remuneration) (Amendment) (No. 2) Regulations 2018 (S.I. 2018/1323), regs. 1, 14(b)(i) (with reg. 17)
F112Sum in Sch. 1 para. 21(2) table substituted (31.12.2018) by The Criminal Legal Aid (Remuneration) (Amendment) (No. 2) Regulations 2018 (S.I. 2018/1323), regs. 1, 14(b)(ii) (with reg. 17)
F113Sum in Sch. 1 para. 21(2) table substituted (31.12.2018) by The Criminal Legal Aid (Remuneration) (Amendment) (No. 2) Regulations 2018 (S.I. 2018/1323), regs. 1, 14(b)(iii) (with reg. 17)
22.—[F115(1) This paragraph applies to proceedings which are sent for trial to the Crown Court.]
(2) Where proceedings referred to in sub-paragraph (1) 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 M7 the advocate must be paid 50% of the basic fee F116... for a guilty plea, as specified in [F117Table A] following [F118paragraph 7] as appropriate to the offence for which the assisted person is charged and the category of advocate.
(3) Where proceedings referred to in sub-paragraph (1) 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 advocate must be paid a [F119fee calculated in accordance with paragraph 7(a)], as appropriate for representing an assisted person in a guilty plea.
F120(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5) Where, at [F121or 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 advocate instructed in the proceedings must be paid a [F122fee calculated in accordance with paragraph 7(a)], as appropriate for representing an assisted person in a guilty plea.
(6) Where an application for dismissal is made under paragraph 2 of Schedule 3 to the Crime and Disorder Act 1998F123... the advocate must be remunerated for attendance at the hearing of the application for dismissal—
(a)in respect of any day where the hearing begins before and ends after the luncheon adjournment, at the daily rate set out in the table following paragraph 24 as appropriate to the category of advocate; or
(b)in respect of any day where the hearing begins and ends before the luncheon adjournment, or begins after the luncheon adjournment, at the half-daily rate set out in that table as appropriate to the category of advocate,
provided that a fee is not payable elsewhere under this Schedule in respect of any day of the hearing.
(7) Where an application for dismissal is made under paragraph 2 of Schedule 3 to the Crime and Disorder Act 1998F124... 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,
in respect of the first day of the hearing of the application to dismiss, the advocate instructed in the proceedings must be paid a [F125fee calculated in accordance with paragraph 7(a)], as appropriate for representing an assisted person in a guilty plea.
(8) Where an advocate represents more than one assisted person in proceedings referred to in sub-paragraph (1), the advocate must be paid a fixed fee of 20% of—
(a)the fee specified in sub-paragraph (2) where that sub-paragraph applies; or
(b)the basic fee F126... specified in the [F127tables] following [F128paragraph 7] where sub-paragraph (3), (4) or (5) applies, as appropriate for the circumstances set out in the relevant sub-paragraph,
in respect of each additional assisted person the advocate represents.
Textual Amendments
F114Words in Sch. 1 para. 22 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))
F115Sch. 1 para. 22(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))
F116Word in Sch. 1 para. 22(2) omitted (1.4.2018) by virtue of The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2018 (S.I. 2018/220), regs. 1, 23(a)(i) (with reg. 34)
F117Words in Sch. 1 para. 22(2) substituted (1.4.2018) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2018 (S.I. 2018/220), regs. 1, 23(a)(ii) (with reg. 34)
F118Words in Sch. 1 para. 22(2) substituted (17.9.2020) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2020 (S.I. 2020/903), regs. 1(2), 4(14)(a) (with reg. 7)
F119Words in Sch. 1 para. 22(3) substituted (17.9.2020) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2020 (S.I. 2020/903), regs. 1(2), 4(14)(b) (with reg. 7)
F120Sch. 1 para. 22(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(11)(e)(i)
F121Words in Sch. 1 para. 22(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(11)(e)(ii)
F122Words in Sch. 1 para. 22(5) substituted (17.9.2020) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2020 (S.I. 2020/903), regs. 1(2), 4(14)(c) (with reg. 7)
F123Words in Sch. 1 para. 22(6) 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(11)(e)(iii) (with reg. 10(1))
F124Words in Sch. 1 para. 22(7) 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)(a) (with reg. 10(1))
F125Words in Sch. 1 para. 22(7) substituted (17.9.2020) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2020 (S.I. 2020/903), regs. 1(2), 4(14)(d) (with reg. 7)
F126Word in Sch. 1 para. 22(8)(b) omitted (1.4.2018) by virtue of The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2018 (S.I. 2018/220), regs. 1, 23(b)(i) (with reg. 34)
F127Word in Sch. 1 para. 22(8)(b) substituted (1.4.2018) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2018 (S.I. 2018/220), regs. 1, 23(b)(ii) (with reg. 34)
F128Words in Sch. 1 para. 22(8)(b) substituted (17.9.2020) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2020 (S.I. 2020/903), regs. 1(2), 4(14)(e) (with reg. 7)
Marginal Citations
M7S.I. 2005/902 as amended by S.I. 2012/1345.
23. The fee payable to an advocate retained solely for the purpose of making a note of any hearing must be the daily fee set out in the table following paragraph 24.
24. 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.
Category of work | Paragraph providing for fee | >Junior Alone or Led Junio | Leading Junior | Queen’s Counsel |
---|---|---|---|---|
Standard Appearance | 12(2) | £91 per day | £136 per day | £182 per day |
Abuse of process hearing | 13(1)(a) and (3) | £240 full day £131 half day | £349 full day £197 half day | £502 full day £263 half day |
Hearings relating to disclosure | 13(1)(b), (c) and (3) | £240 full day £131 half day | £349 full day £197 half day | £502 full day £263 half day |
Hearings relating to the admissibility of evidence | 13(1)(d) and (3) | £240 full day £131 half day | £349 full day £197 half day | £502 full day £263 half day |
Ground rules hearings | 13(1)(da) and (3) | £240 full day £131 half day | £349 full day £197 half day | £502 full day £263 half day |
Hearings on withdrawal of guilty plea | 13(1)(e) and (3) | £240 full day £131 half day | £349 full day £197 half day | £502 full day £263 half day |
Sentencing hearing | 15 | £126 per day | £192 per day | £253 per day |
Deferred sentencing hearing | 15(2) | £175 per day | £240 per day | £327 per day |
Ineffective trial hearing | 16 | £380 per day | £380 per day | £380 per day |
Special preparation | 17 | £39.39 per hour | £56.56 per hour | £74.74 per hour |
[F130Consideration of unused material in excess of three hours | 17A(3) | £39.39 per hour | £56.56 per hour | £74.74 per hour] |
Wasted preparation | 18 | £39.39 per hour | £56.56 per hour | £74.74 per hour |
Conferences and views | 19 | £40.40 per hour | £60.60 per hour | £80.80 per hour |
Further case management hearing | 19A | £101 per day | £152 per day | £202 per day |
Plea and trial preparation hearing | 19A | £126 per day | £192 per day | £253 per day |
Appeals to the Crown Court against sentence | 20 | £250 per day | £373 per day | £498 per day |
Appeals to the Crown Court against conviction | 20 | £330 per day | £496 per day | £661 per day |
Proceedings relating to the breach of an order of the Crown Court | 20(1) | £109 per day | £153 per day | £218 per day |
Committal for sentence | 20(1) and (2) | £152 per day | £227 per day | £303 per day |
Adjourned appeals, committals for sentence and breach hearings | 20(2) | £88 per day | £131 per day | £175 per day |
Bail applications, mentions and other applications in appeal, committals for sentence and breach hearings | 20(3) | £88 per day | £131 per day | £175 per day |
Second and subsequent days of an application to dismiss | 22(6) | £240 full day £131 half day | £349 full day £197 half day | £502 full day £263 half day |
Noting brief | 23 | £109 per day | £109 per day | £109 per day |
Hearing for mitigation of sentence | 34 | £109 per day | £175 per day | £263 per day] |
Textual Amendments
F129Sch. 1 para. 24 table substituted (31.12.2018) by The Criminal Legal Aid (Remuneration) (Amendment) (No. 2) Regulations 2018 (S.I. 2018/1323), regs. 1, 15 (with reg. 17)
F130Words in Sch. 1 para. 24 table inserted (17.9.2020) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2020 (S.I. 2020/903), regs. 1(2), 4(15) (with reg. 7)
24A.—(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 under section 7(1) (liability to arrest for absconding or breaking conditions of bail) of the Bail Act 1976 (“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 advocate is the fee for a guilty plea set out in Table A following [F132paragraph 7] which corresponds with the band within which the offence concerned falls and the category of the advocate concerned.
(3) Where the warrant is issued during the course of proceedings referred to in paragraph 20, the fee payable to the advocate is the fee which corresponds with the category of work, and the category of the advocate concerned, which is set out in the table following paragraph 24.
(4) Sub-paragraph (5) applies where—
(a)a fee has been paid, or is payable, to the advocate 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 advocate submits a claim for fees for the determination of the advocate’s overall remuneration in the case, in accordance with regulation 4.
(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 advocate 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 advocate 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 advocate.]
Textual Amendments
F131Sch. 1 para. 24A inserted (1.4.2018) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2018 (S.I. 2018/220), regs. 1, 25 (with reg. 34)
F132Words in Sch. 1 para. 24A(2) substituted (17.9.2020) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2020 (S.I. 2020/903), regs. 1(2), 4(16) (with reg. 7)
25.—(1) Where an instructed advocate is appointed before [F133the first hearing at which the assisted person enters a plea], the instructed advocate must notify the Court in writing as soon as the appointment is made and, where appropriate, must confirm whether the instructed advocate is the leading instructed advocate or the led instructed advocate.
(2) Where the section 16 determination provides for representation by a single advocate and no instructed advocate has been notified to the Court in accordance with sub-paragraph (1)—
(a)the barrister or solicitor advocate who attends [F133the first hearing at which the assisted person enters a plea] is deemed to be the instructed advocate; and
(b)the Court must make a written record of this fact.
(3) Where the section 16 determination provides for representation by a single advocate and no barrister or solicitor advocate attends [F133the first hearing at which the assisted person enters a plea]—
(a)the barrister or solicitor advocate who attends the next hearing in the case is deemed to be the instructed advocate; and
(b)the Court must make a written record of this fact.
(4) Where the section 16 determination provides for representation by more than one advocate, and no leading instructed advocate has been notified to the Court in accordance with sub-paragraph (1), the leading advocate who attends—
(a)[F133the first hearing at which the assisted person enters a plea]; or
(b)where no leading advocate attends [F133the first hearing at which the assisted person enters a plea], the next hearing in the case attended by a leading advocate,
is deemed to be the leading instructed advocate, and the Court must make a written record of this fact.
(5) Where the section 16 determination provides for representation by more than one advocate, and no led instructed advocate has been notified to the Court in accordance with sub-paragraph (1), the led advocate who attends—
(a)[F133the first hearing at which the assisted person enters a plea]; or
(b)where no led advocate attends [F133the first hearing at which the assisted person enters a plea], the next hearing in the case attended by a led advocate,
is deemed to be the led instructed advocate, and the Court must make a written record of this fact.
(6) Where a section 16 determination is amended after [F133the first hearing at which the assisted person enters a plea] to provide for representation by more than one advocate—
(a)the additional instructed advocate must notify the Court in writing of the additional instructed advocate's appointment within 7 days of the date on which the section 16 determination is amended; and
(b)each instructed advocate must notify the Court whether that instructed advocate is the leading instructed advocate or the led instructed advocate.
(7) Where no additional instructed advocate has been notified to the Court in accordance with sub-paragraph (6)(a), the advocate who attends the next hearing in the case is deemed to be an instructed advocate and the Court must record in writing whether that instructed advocate is the leading instructed advocate or the led instructed advocate, as appropriate to the circumstances of the case.
(8) Where—
(a)a case ceases to be a Very High Cost Case (in relation to fees claimed by advocates); and
(b)none of sub-paragraphs (1) to (7) applies,
the instructed advocate must notify the Court in writing of the instructed advocate's appointment within 7 days of the case ceasing to be a Very High Cost Case.
(9) The Court must attach—
(a)any notice received under sub-paragraph (1), (6) or (8); and
(b)any record made by it under sub-paragraph (2), (3), (4), (5) or (7),
to the representation order.
(10) An instructed advocate must remain as instructed advocate at all times, except where—
(a)a date for trial is fixed at or before [F133the first hearing at which the assisted person enters a plea] and the instructed advocate is unable to conduct the trial due to the instructed advocate's other pre-existing commitments;
(b)the instructed advocate is dismissed by the assisted person or the litigator; or
(c)the instructed advocate is required to withdraw because of his professional code of conduct.
(11) Where, in accordance with sub-paragraph (10), an instructed advocate withdraws, the instructed advocate must—
(a)immediately notify the court of the withdrawal—
(i)in writing; or
(ii)where the withdrawal takes place at a F134... hearing, orally; and
(b)within 7 days of the date of the withdrawal, notify the court in writing of the identity of a replacement instructed advocate, who must fulfil all the functions of an instructed advocate in accordance with these Regulations.
(12) This paragraph does not apply to a claim for fees under paragraph 32, 33 or 34.
Textual Amendments
F133Words in Sch. 1 para. 25 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)(a)
F134Words in Sch. 1 para. 25(11)(a)(ii) 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(11)(g)
26.—(1) In accordance with regulation 23 the appropriate officer must notify each [F135trial] advocate of the total fees payable and authorise payment to the [F135trial] advocate accordingly.
(2) Payment of the fees in accordance with sub-paragraph (1) must be made to each [F135trial] advocate.
(3) Where the section 16 determination provides for representation by a single advocate, the [F135trial] advocate is responsible for arranging payment of fees to the [F136instructed] advocate and any substitute advocate who has undertaken work on the case.
(4) Where there are two[F135trial]advocates for an assisted person, payment must be made to each [F135trial] advocate individually, and—
(a)the leading[F135trial] advocate is responsible for arranging payment of fees to the [F136instructed] advocate and any substitute advocate who have undertaken work on the case of a type for which a leading advocate is responsible; and
(b)the led[F135trial]advocate is responsible for arranging payment of fees to the [F136instructed] advocate and any substitute advocate who have undertaken work on the case of a type for which a led advocate is responsible.
[F137(4A) In this paragraph, where the main hearing is a trial, “trial advocate” means an advocate who—
(a)is instructed pursuant to a section 16 determination to represent the assisted person at the trial, and
(b)attends the first day of the trial.]
(5) This paragraph does not apply to a claim for fees under paragraph 32, 33 or 34.
Textual Amendments
F135Word in Sch. 1 para. 26 substituted (5.5.2015) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2015 (S.I. 2015/882), regs. 1, 2(5)(d) (with reg. 3)
F136Word in Sch. 1 para. 26 substituted (5.5.2015) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2015 (S.I. 2015/882), regs. 1, 2(16)(d)(i) (with reg. 3)
F137Sch. 1 para. 26(4A) inserted (5.5.2015) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2015 (S.I. 2015/882), regs. 1, 2(16)(d)(ii) (with reg. 3)
27.—(1) Where an assisted person is charged with more than one offence on one indictment, the fee payable to the trial advocate under this Schedule must be based on whichever of those offences the trial advocate selects.
(2) Where two or more cases to which this Schedule applies involving the same trial advocate are heard concurrently (whether involving the same or different assisted persons)—
(a)the trial advocate must select one case (“the principal case”), which must be treated for the purposes of remuneration in accordance with this Schedule;
(b)in respect of the main hearing in each of the other cases the trial advocate must be paid a fixed fee of 20% of—
[F138(i)where the principal case is a case on indictment, the basic fee specified in the table following paragraph 5 or, where there is a guilty plea or a cracked trial, the basic fee specified in the tables following [F139paragraph 7], which corresponds with the band within which the offence concerned falls and the category of the advocate concerned; or]
(ii)the fixed fee for the principal case, where that is a case falling within paragraph 2(1)(b) or paragraph 10.
(3) Nothing in sub-paragraphs (4) to (6) permits a fixed fee under Part 5, other than one to which paragraph 14 applies, to be paid in a case to which Part 4 applies.
(4) Where a trial advocate or substitute advocate appears at a hearing specified in paragraph 12, 13, 14, 15 [F140, 16 or 19A], forming part of two or more cases involving different assisted persons, the trial advocate or substitute advocate must be paid—
(a)in respect of the first such case, the fixed fee for that hearing specified in the table following paragraph 24 [F141or, where the hearing falls within paragraph 19A(2), the applicable fee specified in Table A following [F142paragraph 7]]; and
(b)in respect of each of the other cases, 20% of that fee.
(5) Subject to sub-paragraphs (1) to (4), where a trial advocate or substitute advocate appears at a hearing forming part of two or more cases, the trial advocate or substitute advocate must be paid the fixed fee for that hearing specified in the table following paragraph 24 in respect of one such case, without any increase in respect of the other cases.
(6) Where a trial advocate selects—
(a)one offence, in preference to another offence, under sub-paragraph (1); or
(b)one case as the principal case, in preference to another case, under sub-paragraph (2),
that selection does not affect the trial advocate's right to claim any of the fees set out in the table following paragraph 24 to which the trial advocate would otherwise have been entitled.
Textual Amendments
F138Sch. 1 para. 27(2)(b)(i) substituted (1.4.2018) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2018 (S.I. 2018/220), regs. 1, 26 (with reg. 34)
F139Words in Sch. 1 para. 27(2)(b)(i) substituted (17.9.2020) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2020 (S.I. 2020/903), regs. 1(2), 4(17)(a) (with reg. 7)
F140Words in Sch. 1 para. 27(4) substituted (31.12.2018) by The Criminal Legal Aid (Remuneration) (Amendment) (No. 2) Regulations 2018 (S.I. 2018/1323), regs. 1, 16(a) (with reg. 17)
F141Words in Sch. 1 para. 27(4)(a) inserted (31.12.2018) by The Criminal Legal Aid (Remuneration) (Amendment) (No. 2) Regulations 2018 (S.I. 2018/1323), regs. 1, 16(b) (with reg. 17)
F142Words in Sch. 1 para. 27(4)(a) substituted (17.9.2020) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2020 (S.I. 2020/903), regs. 1(2), 4(17)(b) (with reg. 7)
28. Where a section 16 determination provides for representation by three advocates in a case the provisions of this Schedule apply, and the fees payable to the led juniors in accordance with Part 2 or Part 3 are payable to each led junior who is instructed in the case.
29. Where an advocate is instructed to appear in a court which is not within 40 kilometres of the advocate's office or chambers, the appropriate officer may allow an amount for travelling and other expenses incidental to that appearance, provided that the amount must not be greater than the amount, if any, which would be payable to a trial advocate from the nearest local Bar F143... unless the advocate instructed to appear has obtained prior approval under regulation 13 for the incurring of such expenses or can justify the attendance having regard to all the relevant circumstances of the case.
Textual Amendments
F143Words in Sch. 1 para. 29 omitted (1.4.2018) by virtue of The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2018 (S.I. 2018/220), regs. 1, 27 (with reg. 34)
F14430. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F144Sch. 1 para. 30 omitted (1.4.2018) by virtue of The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2018 (S.I. 2018/220), regs. 1, 28 (with reg. 34)
31. 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 graduated fee in accordance with Part 2 or Part 3;
(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 trial advocate must be paid—
(i)a graduated fee calculated in accordance with paragraph 4 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 M8 (finding that the accused did the act or made the omission charged against him); or
(ii)a [F145fee calculated in accordance with paragraph 7(b)] as appropriate for representing an assisted person in a cracked trial,
whichever the trial advocate elects; and
(c)if at any time the assisted person pleads guilty to the indictable offence, the trial advocate must be paid either—
(i)a graduated fee calculated in accordance with paragraph 4 as appropriate to the length of the fitness hearing; or
(ii)a [F146fee calculated in accordance with paragraph 7(a)] as appropriate for representing an assisted person in a guilty plea,
whichever the trial advocate elects.
Textual Amendments
F145Words in Sch. 1 para. 31(b)(ii) substituted (17.9.2020) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2020 (S.I. 2020/903), regs. 1(2), 4(18)(a) (with reg. 7)
F146Words in Sch. 1 para. 31(c)(ii) substituted (17.9.2020) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2020 (S.I. 2020/903), regs. 1(2), 4(18)(b) (with reg. 7)
Marginal Citations
M81964 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).
32.—(1) Where in any case on indictment an advocate is retained solely for the purpose of cross-examining a witness under section 38 of the Youth Justice and Criminal Evidence Act 1999 M9 (defence representation for purposes of cross-examination), the advocate must be paid a graduated fee calculated in accordance with paragraph 4.
(2) For the purposes of this paragraph the daily attendance fee F147... is as set out in the table following paragraph [F1485A] as appropriate to the number of days of attendance at court by the advocate.
Textual Amendments
F147Word in Sch. 1 para. 32(2) omitted (1.4.2018) by virtue of The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2018 (S.I. 2018/220), regs. 1, 29(a) (with reg. 34)
F148Word in Sch. 1 para. 32(2) substituted (1.4.2018) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2018 (S.I. 2018/220), regs. 1, 29(b) (with reg. 34)
Marginal Citations
33.—(1) Where in any case on indictment an advocate is assigned pursuant to a section 16 determination solely for the purpose of providing written or oral advice, the advocate must be paid for the reasonable number of hours of preparation for that advice using the hourly fee rates for special preparation set out in the table following paragraph 24 as appropriate to the category of trial advocate.
(2) An advocate claiming a fee for advice under this paragraph may apply to the appropriate officer to redetermine the fee under regulation 28 and the advocate must supply such information and documents as may be required by the appropriate officer as proof of the number of hours of preparation.
34.—(1) Where in any case on indictment an advocate is assigned pursuant to a section 16 determination to appear at a sentencing hearing solely for the purpose of applying to the court to mitigate the assisted person's sentence, the advocate must be paid in respect of that appearance the fee specified in the table following paragraph 24 together with a fee calculated from the reasonable number of hours of preparation for that appearance using the hourly fee rates for special preparation set out in the table following paragraph 24 as appropriate to the category of trial advocate.
(2) An advocate claiming an hourly preparation fee under this paragraph may apply to the appropriate officer to redetermine such hourly fee under regulation 28 and the advocate must supply such information and documents as may be required by the appropriate officer as proof of the number of hours of preparation.
Textual Amendments
F149Sch. 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)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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—
[F150the 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 [F151first 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 [F152first 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 [F153hearing 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 F154... number of pages of prosecution evidence for use in [F155determining] the fee payable to a litigator under this Schedule, as set out in the tables following paragraph 5(1) and (2) [F156;
“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 F157... 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 [F158sending] 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.
[F159(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
F150Words 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)
F151Words 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)
F152Words 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)
F153Words 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)
F154Word 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)
F155Word 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)
F156Words 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)
F157Words 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))
F158Word 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))
F159Sch. 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 [F160Chapter 1 of Part 2 of the Sentencing Code] (deferment of sentence);
(d)any other post-sentence hearing.
F161(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F162(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 [F163the 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)[F1646,000],
the case must be treated as though it had [F1646,000] pages of prosecution evidence.
Textual Amendments
F160Words 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
F161Sch. 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))
F162Sch. 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))
F163Words 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)
F164Word 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 [F165LGFS] 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 M10 (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 M11 (attempting to commit an offence) fall within the same Class as the substantive offence to which they relate;
(c)where the [F165LGFS] 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 [F165LGFS] 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 F166..., the offence falls within Class A, regardless of the Class under which the offence would be listed in the [F165LGFS] 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 [F165LGFS] 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
F165Word 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)
F166Words 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
[F1674.—(1) Subject to sub-paragraph (2) and to paragraph 21, this Part does not apply to a guilty plea or cracked trial in a case F168... sent for trial to the Crown Court on the election of a defendant where the magistrates’ court has determined the case to be suitable for summary trial.
(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
F167Sch. 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)
F168Words in Sch. 2 para. 4(1) 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(2)(g) (with reg. 10(1))
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.
[F169Class of Offence | |||||||||||
---|---|---|---|---|---|---|---|---|---|---|---|
Type of case | A | B | C | D | E | F | G | H | I | J | K |
Cracked trial | 904.58 | 709.15 | 524.83 | 859.35 | 233.03 | 224.23 | 224.23 | 237.00 | 253.67 | 904.58 | 773.86 |
Guilty plea | 680.39 | 556.11 | 442.91 | 646.36 | 184.70 | 195.81 | 195.81 | 190.97 | 174.60 | 680.39 | 640.84] |
Textual Amendments
F169Sch. 2 para. 6(2) table substituted (31.3.2016) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2016 (S.I. 2016/313), reg. 1(1), Sch. 1 para. 1 (with reg. 5)
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.
[F170Class of Offence | |||||||||||
---|---|---|---|---|---|---|---|---|---|---|---|
Type of case | A | B | C | D | E | F | G | H | I | J | K |
Trial | 1,467.58 | 1,097.66 | 739.59 | 1,394.20 | 352.72 | 357.60 | 357.60 | 357.75 | 357.44 | 1,467.58 | 1,031.82] |
(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.
[F171Trial 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
F170Sch. 2 para. 7(2) 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(a) (with reg. 5)
F171Sch. 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.
Class of Offence | PPE Range | Initial Fee(£) | Incremental fee per page of prosecution evidence(£) |
---|---|---|---|
A | 0-79 | 904.58 | 0 |
A | 80-249 | 904.58 | 10.70 |
A | 250-999 | 2,722.89 | 6.71 |
A | 1000-2799 | 7,757.90 | 3.92 |
A | 2800-4599 | 14,820.75 | 3.92 |
A | 4600-5999 | 21,883.61 | 3.11 |
A | 6000 | 26,237.61 | 0 |
B | 0-69 | 709.15 | 0 |
B | 70-249 | 709.15 | 7.83 |
B | 250-999 | 2,117.67 | 3.66 |
B | 1000-2799 | 4,864.56 | 2.44 |
B | 2800-4599 | 9,255.51 | 2.44 |
B | 4600-5999 | 13,646.46 | 2.05 |
B | 6000 | 16,516.46 | 0 |
C | 0-39 | 524.84 | 0 |
C | 40-249 | 524.84 | 3.92 |
C | 250-999 | 1,348.77 | 2.25 |
C | 1000-2799 | 3,033.06 | 1.43 |
C | 2800-4599 | 5,607.48 | 1.43 |
C | 4600-5999 | 8,181.89 | 1.43 |
C | 6000 | 10,183.89 | 0 |
D | 0-79 | 859.35 | 0 |
D | 80-249 | 859.35 | 10.14 |
D | 250-999 | 2,582.50 | 6.11 |
D | 1000-2799 | 7,163.76 | 3.61 |
D | 2800-4599 | 13,655.74 | 3.61 |
D | 4600-5999 | 20,147.71 | 2.96 |
D | 6000 | 24,291.71 | 0 |
E | 0-39 | 233.03 | 0 |
E | 40-249 | 233.03 | 4.60 |
E | 250-999 | 1,199.43 | 1.46 |
E | 1000-2799 | 2,291.54 | 0.61 |
E | 2800-4599 | 3,390.26 | 0.61 |
E | 4600-5999 | 4,488.97 | 0.61 |
E | 6000 | 5,342.97 | 0 |
F | 0-49 | 224.22 | 0 |
F | 50-249 | 224.22 | 4.42 |
F | 250-999 | 1,107.53 | 1.79 |
F | 1000-2799 | 2,450.39 | 0.70 |
F | 2800-4599 | 3,704.67 | 0.70 |
F | 4600-5999 | 4,958.94 | 0.70 |
F | 6000 | 5,938.94 | 0 |
G | 0-49 | 224.22 | 0 |
G | 50-249 | 224.22 | 4.42 |
G | 250-999 | 1,107.53 | 1.79 |
G | 1000-2799 | 2,450.39 | 0.70 |
G | 2800-4599 | 3,704.67 | 0.70 |
G | 4600-5999 | 4,958.94 | 0.70 |
G | 6000 | 5,938.94 | 0 |
H | 0-39 | 237.00 | 0 |
H | 40-249 | 237.00 | 4.26 |
H | 250-999 | 1,131.61 | 1.56 |
H | 1000-2799 | 2,298.20 | 0.70 |
H | 2800-4599 | 3,550.79 | 0.70 |
H | 4600-5999 | 4,803.37 | 0.70 |
H | 6000 | 5,783.37 | 0 |
I | 0-39 | 253.68 | 0 |
I | 40-249 | 253.68 | 5.92 |
I | 250-999 | 1,496.80 | 2.31 |
I | 1000-2799 | 3,231.91 | 0.90 |
I | 2800-4599 | 4,847.36 | 0.90 |
I | 4600-5999 | 6,462.79 | 0.90 |
I | 6000 | 7,722.79 | 0 |
J | 0-79 | 904.58 | 0 |
J | 80-249 | 904.58 | 10.70 |
J | 250-999 | 2,722.89 | 6.71 |
J | 1000-2799 | 7,757.90 | 3.92 |
J | 2800-4599 | 14,820.75 | 3.92 |
J | 4600-5999 | 21,883.61 | 3.11 |
J | 6000 | 26,237.61 | 0 |
K | 0-119 | 773.86 | 0 |
K | 120-249 | 773.86 | 6.55 |
K | 250-999 | 1,624.85 | 5.02 |
K | 1000-2799 | 5,388.98 | 4.39 |
K | 2800-4599 | 13,299.04 | 4.39 |
K | 4600-5999 | 21,209.12 | 3.75 |
K | 6000 | 26,459.12 | 0 |
Class of Offence | PPE Range | Initial Fee(£) | Incremental fee per page of prosecution evidence(£) |
---|---|---|---|
A | 0-79 | 680.39 | 0 |
A | 80-399 | 680.39 | 5.62 |
A | 400-999 | 2,478.29 | 2.96 |
A | 1000-2799 | 4,256.09 | 1.89 |
A | 2800-4599 | 7,666.89 | 1.89 |
A | 4600-5999 | 11,077.68 | 1.12 |
A | 6000 | 12,645.68 | 0 |
B | 0-69 | 556.11 | 0 |
B | 70-399 | 556.11 | 4.52 |
B | 400-999 | 2,046.59 | 2.28 |
B | 1000-2799 | 3,411.75 | 1.45 |
B | 2800-4599 | 6,025.92 | 1.45 |
B | 4600-5999 | 8,640.11 | 1.06 |
B | 6000 | 10,124.11 | 0 |
C | 0-39 | 442.91 | 0 |
C | 40-399 | 442.91 | 2.66 |
C | 400-999 | 1,401.88 | 1.46 |
C | 1000-2799 | 2,276.27 | 0.79 |
C | 2800-4599 | 3,699.93 | 0.79 |
C | 4600-5999 | 5,123.61 | 0.79 |
C | 6000 | 6,229.61 | 0 |
D | 0-79 | 646.36 | 0 |
D | 80-399 | 646.36 | 5.23 |
D | 400-999 | 2,320.66 | 2.75 |
D | 1000-2799 | 3,968.37 | 1.71 |
D | 2800-4599 | 7,046.20 | 1.71 |
D | 4600-5999 | 10,124.03 | 1.06 |
D | 6000 | 11,608.03 | 0 |
E | 0-39 | 184.70 | 0 |
E | 40-399 | 184.70 | 2.92 |
E | 400-999 | 1,237.24 | 1.25 |
E | 1000-2799 | 1,989.07 | 0.46 |
E | 2800-4599 | 2,819.70 | 0.46 |
E | 4600-5999 | 3,650.33 | 0.46 |
E | 6000 | 4,294.33 | 0 |
F | 0-49 | 195.81 | 0 |
F | 50-399 | 195.81 | 2.83 |
F | 400-999 | 1,187.73 | 0.99 |
F | 1000-2799 | 1,781.21 | 0.32 |
F | 2800-4599 | 2,354.07 | 0.32 |
F | 4600-5999 | 2,926.93 | 0.32 |
F | 6000 | 3,374.93 | 0 |
G | 0-49 | 195.81 | 0 |
G | 50-399 | 195.81 | 2.83 |
G | 400-999 | 1,187.73 | 0.99 |
G | 1000-2799 | 1,781.21 | 0.32 |
G | 2800-4599 | 2,354.07 | 0.32 |
G | 4600-5999 | 2,926.93 | 0.32 |
G | 6000 | 3,374.93 | 0 |
H | 0-39 | 190.97 | 0 |
H | 40-399 | 190.97 | 2.79 |
H | 400-999 | 1,196.59 | 0.99 |
H | 1000-2799 | 1,790.74 | 0.32 |
H | 2800-4599 | 2,359.85 | 0.32 |
H | 4600-5999 | 2,928.98 | 0.32 |
H | 6000 | 3,376.98 | 0 |
I | 0-39 | 174.60 | 0 |
I | 40-399 | 174.60 | 3.12 |
I | 400-999 | 1,298.52 | 1.36 |
I | 1000-2799 | 2,116.29 | 0.51 |
I | 2800-4599 | 3,033.02 | 0.51 |
I | 4600-5999 | 3,949.75 | 0.51 |
I | 6000 | 4,663.75 | 0 |
J | 0-79 | 680.39 | 0 |
J | 80-399 | 680.39 | 5.62 |
J | 400-999 | 2,478.29 | 2.96 |
J | 1000-2799 | 4,256.09 | 1.89 |
J | 2800-4599 | 7,666.89 | 1.89 |
J | 4600-5999 | 11,077.68 | 1.12 |
J | 6000 | 12,645.68 | 0 |
K | 0-119 | 640.84 | 0 |
K | 120-399 | 640.84 | 5.26 |
K | 400-999 | 2,113.13 | 2.93 |
K | 1000-2799 | 3,869.24 | 2.73 |
K | 2800-4599 | 8,775.55 | 2.73 |
K | 4600-5999 | 13,681.86 | 2.08 |
K | 6000 | 16,593.86 | 0] |
Textual Amendments
F172Sch. 2 para. 8(2) tables substituted (1.12.2017) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2017 (S.I. 2017/1019), regs. 1, 2(3) (with reg. 3)
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.
Class of Offence | PPE Range | Initial Fee(£) | Incremental fee per page of prosecution evidence(£) |
---|---|---|---|
A | 0-79 | 1,467.58 | 0 |
A | 80-209 | 1,467.58 | 16.58 |
A | 210-699 | 3,622.54 | 12.66 |
A | 700-1049 | 9,824.91 | 10.62 |
A | 1050-1999 | 13,543.42 | 9.21 |
A | 2000-3599 | 22,295.42 | 8.42 |
A | 3600-5199 | 35,767.03 | 8.42 |
A | 5200-5999 | 49,238.64 | 8.42 |
A | 6000 | 55,974.64 | 0 |
B | 0-69 | 1,097.66 | 0 |
B | 70-199 | 1,097.66 | 12.81 |
B | 200-499 | 2,762.60 | 11.44 |
B | 500-899 | 6,195.38 | 9.63 |
B | 900-1299 | 10,048.21 | 8.09 |
B | 1300-1999 | 13,285.03 | 7.09 |
B | 2000-3299 | 18,249.51 | 7.09 |
B | 3300-4999 | 27,469.24 | 7.09 |
B | 5000-5999 | 39,525.82 | 7.09 |
B | 6000 | 46,617.93 | 0 |
C | 0-39 | 739.59 | 0 |
C | 40-299 | 739.59 | 10.57 |
C | 300-799 | 3,486.54 | 9.23 |
C | 800-1249 | 8,101.74 | 7.73 |
C | 1250-1999 | 11,578.09 | 6.83 |
C | 2000-3199 | 16,700.93 | 4.72 |
C | 3200-4559 | 22,368.79 | 4.72 |
C | 4560-5919 | 28,792.38 | 4.72 |
C | 5920-5999 | 35,215.96 | 4.72 |
C | 6000 | 35,593.56 | 0 |
D | 0-79 | 1,394.20 | 0 |
D | 80-209 | 1,394.20 | 15.75 |
D | 210-699 | 3,441.41 | 12.03 |
D | 700-1049 | 9,333.67 | 10.09 |
D | 1050-1999 | 12,866.25 | 8.75 |
D | 2000-3599 | 21,180.65 | 8.00 |
D | 3600-5199 | 33,978.67 | 8.00 |
D | 5200-5999 | 46,776.70 | 8.00 |
D | 6000 | 53,176.70 | 0 |
E | 0-39 | 352.72 | 0 |
E | 40-69 | 352.72 | 9.52 |
E | 70-129 | 638.20 | 8.57 |
E | 130-599 | 1,152.58 | 8.29 |
E | 600-1349 | 5,049.74 | 5.44 |
E | 1350-2999 | 9,131.96 | 2.39 |
E | 3000-4749 | 13,072.77 | 2.39 |
E | 4750-5999 | 17,252.41 | 2.39 |
E | 6000 | 20,239.91 | 0 |
F | 0-49 | 357.60 | 0 |
F | 50-229 | 357.60 | 7.31 |
F | 230-699 | 1,673.21 | 6.96 |
F | 700-1399 | 4,946.64 | 5.60 |
F | 1400-1949 | 8,865.80 | 4.32 |
F | 1950-3549 | 11,242.37 | 2.16 |
F | 3550-5149 | 14,691.41 | 2.16 |
F | 5150-5999 | 18,140.45 | 2.16 |
F | 6000 | 19,976.45 | 0 |
G | 0-49 | 357.60 | 0 |
G | 50-229 | 357.60 | 7.31 |
G | 230-699 | 1,673.21 | 6.96 |
G | 700-1399 | 4,946.64 | 5.60 |
G | 1400-1949 | 8,865.80 | 4.32 |
G | 1950-3549 | 11,242.37 | 2.16 |
G | 3550-5149 | 14,691.41 | 2.16 |
G | 5150-5999 | 18,140.45 | 2.16 |
G | 6000 | 19,976.45 | 0 |
H | 0-39 | 357.75 | 0 |
H | 40-249 | 357.75 | 8.60 |
H | 250-619 | 2,162.92 | 7.15 |
H | 620-1299 | 4,807.79 | 5.31 |
H | 1300-2999 | 8,418.74 | 4.21 |
H | 3000-4999 | 15,583.59 | 2.27 |
H | 5000-5999 | 20,129.84 | 2.27 |
H | 6000 | 22,402.90 | 0 |
I | 0-39 | 357.44 | 0 |
I | 40-369 | 357.44 | 9.14 |
I | 370-799 | 3,373.66 | 9.09 |
I | 800-1299 | 7,282.43 | 8.99 |
I | 1300-2699 | 11,779.02 | 7.08 |
I | 2700-4199 | 21,697.63 | 3.04 |
I | 4200-5359 | 26,264.52 | 3.04 |
I | 5360-5999 | 29,796.25 | 3.04 |
I | 6000 | 31,741.85 | 0 |
J | 0-79 | 1,467.58 | 0 |
J | 80-209 | 1,467.58 | 16.58 |
J | 210-699 | 3,622.54 | 12.66 |
J | 700-1049 | 9,824.91 | 10.62 |
J | 1050-1999 | 13,543.42 | 9.21 |
J | 2000-3599 | 22,295.42 | 8.42 |
J | 3600-5199 | 35,767.03 | 8.42 |
J | 5200-5999 | 49,238.64 | 8.42 |
J | 6000 | 55,974.64 | 0 |
K | 0-119 | 1,031.82 | 0 |
K | 120-734 | 1,031.82 | 8.66 |
K | 735-1289 | 6,356.06 | 8.72 |
K | 1290-2399 | 11,193.67 | 8.87 |
K | 2400-4499 | 21,042.53 | 8.84 |
K | 4500-5999 | 39,605.74 | 8.84 |
K | 6000 | 52,865.74 | 0] |
Textual Amendments
F173Sch. 2 para. 9(2) table substituted (1.12.2017) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2017 (S.I. 2017/1019), regs. 1, 2(4) (with reg. 3)
Textual Amendments
F174Words in Pt. 3 heading inserted (1.4.2016) by The Criminal Legal Aid (Remuneration etc.) (Amendment) Regulations 2015 (S.I. 2015/1369), regs. 1(2)(b), 6(7)(l) (with reg. 2(2)) (as amended by S.I. 2015/2049, reg. 2)
[F17510.—(1) Subject to sub-paragraph (2), this Part applies to a case F176... sent for trial to the Crown Court on the election of a defendant where the magistrates’ court has determined the case to be suitable for summary trial.
(2) This Part does not apply 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
F175Sch. 2 para. 10 substituted (2.10.2014) by The Criminal Legal Aid (Remuneration) (Amendment) (No.2) Regulations 2014 (S.I. 2014/2422), regs. 1(1), 2(7)(b) (with reg. 3)
F176Words in Sch. 2 para. 10(1) 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(2)(g) (with reg. 10(1))
11. The fee payable to a litigator in relation to a guilty plea or cracked trial to which this Part applies is [F177£330.33] per proceedings.
Textual Amendments
F177Sum in Sch. 2 para. 11 substituted (31.3.2016) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2016 (S.I. 2016/313), reg. 1(1), Sch. 1 para. 5 (with reg. 5)
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);
(e)where appropriate, the fee set out in paragraph 11.
(4) In a case where the representation of one defendant would attract a fixed fee under Part 3 and the representation of one or more of the other defendants would attract a graduated fee under Part 2, the total fee is the fee falling within whichever of paragraphs (a) to (d) of sub-paragraph (3) is appropriate.
Total number of defendants represented by litigator | Percentage uplift to total fee |
---|---|
2-4 | 20% |
5+ | 30% |
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—
[F178(a)in a case to which Part 1A applies, the fixed fee determined in accordance with paragraph 3AA;]
(b)in a trial [F179in 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 [F180paragraph 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, F181... the final fee as calculated in accordance with paragraph 8(2);
(d)in a trial [F182in 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 [F180paragraph 5], the final fee, as calculated in accordance with paragraph 9(2);
(e)in a cracked trial or guilty plea in a case to which Part 3 applies, the fixed fee set out in paragraph 11.
(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.
(10) Sub-paragraph (11) applies where—
(a)the case is a case to which Part 3 would apply if it resulted in a cracked trial or guilty plea; and
(b)at the time the case is transferred to a new litigator in accordance with sub-paragraph (2) it is not known whether the case would result in a cracked trial or guilty plea or whether it would proceed to trial.
(11) Where this sub-paragraph applies—
(a)for the purpose of a claim by the original litigator at the time of the transfer of the case, “total fee” in the table following this paragraph, means the fixed fee set out in paragraph 11;
(b)the original litigator may, if the case proceeds to trial, claim the difference between the payment received at the time of transfer of the case and the payment that would have been due at that time if that payment had been based on the case proceeding to trial.
(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 [F183(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 | |
[F184Transfer at or before the first hearing at which the assisted person enters a plea] (original litigator) | 25% | Cracked trial | |
[F184Transfer at or before the first hearing at which the assisted person enters a plea] – guilty plea (new litigator) | 100% | Guilty plea | |
[F184Transfer at or before the first hearing at which the assisted person enters a plea] – cracked trial (new litigator) | 100% | Cracked trial | |
[F184Transfer 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
F178Sch. 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)
F179Words 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)
F180Words 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)
F181Words 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)
F182Words 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)
F183Words 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)
F184Words 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.—(1) All work undertaken by a litigator in a case to which Part 3 applies is included within the fee set out in paragraph 11 except for a defendant uplift as provided for in paragraph 22.
(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.
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 M12 (variation and discharge of orders under section 1C);
(b)[F185section 385 of the Sentencing Code] (alteration of Crown Court sentence);
(c)[F186section 387 or 388 of the Sentencing Code] (assistance by defendant: review of sentence).
Textual Amendments
F185Words 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
F186Words 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
M121998 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.
[F187Types of proceedings | Paragraph providing for fee | Fee payable – (£ per proceedings) |
---|---|---|
Appeal against sentence from a magistrates’ court | 15 | 155.32 |
Appeal against conviction from a magistrates’ court | 15 | 349.47 |
Committal for sentence | 15 | 232.98 |
Hearing subsequent to sentence | 16 | 155.32 |
Contempt proceedings (where contempt is alleged to have been committed by a person other than the defendant) | 17(2) | 116.49 |
Alleged breach of a Crown Court Order | 18(2) | 77.66] |
Textual Amendments
F187Sch. 2 para. 19 table substituted (31.3.2016) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2016 (S.I. 2016/313), reg. 1(1), Sch. 1 para. 6 (with reg. 5)
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 [F1886,000],
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
F188Word 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.
[F190(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.]
[F192(2A) The basic consideration fee in sub-paragraph (2) is £64.68.]
(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
F189Sch. 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)
F190Sch. 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)
F191 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)
F192Sch. 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)
21.—[F194(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 M13 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 [F1951998] F196... 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.
F197(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6) Where, at [F198or 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
F193Words 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))
F194Sch. 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))
F195Word 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)
F196Words 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))
F197Sch. 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)
F198Words 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
M13S.I. 2005/902 as amended by S.I. 2012/1345.
22.—(1) Where a litigator represents more than one assisted person in proceedings referred to in paragraph 21(2), (3), (4) or (5), a defendant uplift is payable.
(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
(c)where appropriate the fee set out in paragraph 11.
(4) In a case where the representation of one defendant would attract a fixed fee under Part 3 and the representation of one or more of the other defendants would attract a graduated fee under Part 2, the total fee in the table following this paragraph means the fee falling within sub-paragraph (3)(b).
Total number of defendants represented by litigator | Percentage uplift to total fee |
---|---|
2-4 | 20% |
5+ | 30% |
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 M14 (“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 [F199the 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 [F199the 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
F199Words 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 M15 (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
M151964 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 M16 (confiscation: England and Wales);
(b)proceedings under section 2 of the Drug Trafficking Act 1994 M17 (confiscation orders); and
(c)proceedings under section 71 of the Criminal Justice Act 1988 M18 (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—
[F200Class of work | Grade of fee earner | Rate | Variations |
---|---|---|---|
Preparation | Senior solicitor | £48.36 per hour | £50.87 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 | £41.06 per hour | £43.12 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 | £27.15 per hour | £31.03 per hour for a fee earner whose office is situated within the City of London or a London borough | |
[F201Consideration of unused material in excess of 3 hours | Senior solicitor | £48.36 per hour | £50.87 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 | £41.06 per hour | £43.12 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 | £27.15 per hour | £31.03 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 | £38.55 per hour | |
Solicitor, legal executive or fee earner of equivalent experience | £31.03 per hour | ||
Trainee or fee earner of equivalent experience | £18.71 per hour | ||
Travelling and waiting | Senior solicitor | £22.58 per hour | |
Solicitor, legal executive or fee earner of equivalent experience | £22.58 per hour | ||
Trainee or fee earner of equivalent experience | £11.41 per hour | ||
Writing routine letters and dealing with routine telephone calls | £3.15 per item | £3.29 per item for a fee earner whose office is situated within the City of London or a London borough] |
Textual Amendments
F200Sch. 2 para. 27 table substituted (31.3.2016) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2016 (S.I. 2016/313), reg. 1(1), Sch. 1 para. 7 (with reg. 5)
F201Words in Sch. 2 para. 27 table inserted (17.9.2020) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2020 (S.I. 2020/903), regs. 1(2), 5(4) (with reg. 7)
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 [F202LGFS] 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
F202Word 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
F203Sch. 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)
F204Word 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 [F205 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 | Criminal Justice Act 1988, s.39 | 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 | [F206Sentencing 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 [F207sexual exploitation of a child] | Sexual Offences Act 2003, s.48 | As above |
Controlling a child [F208in relation to sexual exploitation] | Sexual Offences Act 2003, s.49 | As above |
[F209Arranging 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
F205Words 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
F206Words 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
F207Words 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)
F208Words 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)
F209Words 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)
Regulation 6
1.—(1) The provisions of this Schedule apply to proceedings in the Court of Appeal.
(2) In determining fees the appropriate officer must, subject to the provisions of this Schedule—
(a)take into account all the relevant circumstances of the case including the nature, importance, complexity or difficulty of the work and the time involved; and
(b)allow a reasonable amount in respect of all work actually and reasonably done.
2.—(1) Subject to regulation 31, no claim by a litigator for fees and disbursements in respect of work done in proceedings in the Court of Appeal pursuant to a section 16 determination must be entertained unless the litigator submits it within three months of the conclusion of the proceedings to which it relates.
(2) Subject to sub-paragraph (3), a claim for fees in proceedings in the Court of Appeal must be submitted to the appropriate officer in such form and manner as the appropriate officer may direct and must be accompanied by the representation order and any receipts or other documents in support of any disbursement claimed.
(3) A claim must—
(a)summarise the items of work done by a fee earner in respect of which fees are claimed according to the classes specified in paragraph 3(1);
(b)state, where appropriate, the dates on which the items of work were done, the time taken, the sums claimed and whether the work was done for more than one assisted person;
(c)specify, where appropriate, the level of fee earner who undertook each of the items of work claimed;
(d)give particulars of any work done in relation to more than one indictment or a retrial; and
(e)specify any disbursements claimed, the circumstances in which they were incurred and the amounts claimed in respect of them.
(4) Where the litigator claims that paragraph 8(1) applies in relation to an item of work, the litigator must give full particulars in support of the claim.
(5) The litigator must specify any special circumstances which the litigator considers should be drawn to the attention of the appropriate officer.
(6) The litigator must supply such further information and documents as the appropriate officer may require.
(7) Where a retrospective section 16 determination has been made under regulations made under section 19 of the Act in respect of any proceedings where an appellant has been successful on appeal and granted a defendant's costs order under section 16(4) of the Prosecution of Offences Act 1985 M19 (defence costs), the litigator must certify that no claim for fees incurred before the retrospective section 16 determination was made has been or will be made from central funds in relation to that work.
Marginal Citations
3.—(1) The appropriate officer may allow work done in the following classes by fee earners—
(a)preparation, including taking instructions, interviewing witnesses, ascertaining the prosecution case, advising on plea and mode of trial, preparing and perusing documents, dealing with letters and telephone calls which are not routine, preparing for advocacy, instructing an advocate and expert witnesses, conferences, consultations, views and work done in connection with advice on appeal;
(b)advocacy, including applications for bail and other applications to the court;
(c)attending at court where an advocate is assigned, including conferences with the advocate at court;
(d)travelling and waiting; and
(e)writing routine letters and dealing with routine telephone calls.
(2) The appropriate officer must consider the claim, any further information or documents submitted by the fee earner under paragraph 2 and any other relevant information and must allow—
(a)such work as appears to the appropriate officer to have been reasonably done pursuant to the section 16 determination (including any representation or advice which is deemed to be work done pursuant to that determination) by a fee earner, classifying such work according to the classes specified in sub-paragraph (1) as the appropriate officer considers appropriate; and
(b)such time in each class of work allowed by him (other than routine letters written and routine telephone calls) as the appropriate officer considers reasonable.
(3) The fees allowed in accordance with this Schedule are those appropriate to such of the following grades of litigator 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.
4. The appropriate officer must allow such disbursements claimed under paragraph 2 as appear to the appropriate officer to have been reasonably incurred, provided that—
(a)if they are abnormally large by reason of the distance of the court or the assisted person's residence or both from the litigator's place of business, the appropriate officer may limit reimbursement of the disbursements to what otherwise would, having regard to all the circumstances, be a reasonable amount; and
(b)the cost of a transcript, or any part thereof, of the proceedings in the court from which the appeal lies obtained otherwise than through the registrar must not be allowed except where the appropriate officer considers that it is reasonable in all the circumstances for such disbursement to be allowed.
5.—(1) Subject to regulation 31, a claim by an advocate for fees for work done in proceedings in the Court of Appeal pursuant to a section 16 determination must not be entertained unless the advocate submits it within three months of the conclusion of the proceedings to which the section 16 determination relates.
(2) Where the advocate claims that paragraph 9(4) applies in relation to an item of work the advocate must give full particulars in support of his claim.
(3) Subject to sub-paragraph (4), a claim for fees by an advocate in proceedings in the Court of Appeal must be submitted to the appropriate officer in such form and manner as the appropriate officer may direct.
(4) A claim must—
(a)summarise the items of work done by an advocate in respect of which fees are claimed according to the classes specified in paragraph 6(2);
(b)state, where appropriate, the dates on which the items of work were done, the time taken, the sums claimed and whether the work was done for more than one assisted person; and
(c)give particulars of any work done in relation to more than one indictment or a retrial.
(5) The advocate must specify any special circumstances which the advocate considers should be drawn to the attention of the appropriate officer.
(6) The advocate must supply such further information and documents as the appropriate officer may require.
6.—(1) The appropriate officer must consider the claim, any further particulars and information submitted by an advocate under paragraph 5 and any other relevant information and must allow such work as appears to the appropriate officer to have been reasonably done.
(2) The appropriate officer may allow any of the following classes of fee to an advocate in respect of work allowed by him under this paragraph—
(a)a basic fee for preparation including preparation for a pre-trial review and, where appropriate, the first day's hearing including, where they took place on that day, short conferences, consultations, applications and appearances (including bail applications), views and any other preparation;
(b)a refresher fee for any day or part of a day during which a hearing continued, including, where they took place on that day, short conferences, consultations, applications and appearances (including bail applications), views at the scene of the alleged offence and any other preparation;
(c)subsidiary fees for—
(i)attendance at conferences, consultations and views at the scene of the alleged offence not covered by paragraph (a) or (b);
(ii)written advice on evidence, plea or appeal or other written work; and
(iii)attendance at pre-trial reviews, applications and appearances (including bail applications and adjournments for sentence) not covered by paragraph (a) or (b).
(3) Where a section 16 determination provides for representation by—
(a)a single advocate other than a QC; or
(b)two advocates other than QC,
and a QC agrees to appear as the single advocate or as a leading junior, that QC must be treated for all the purposes of this Schedule as having been instructed pursuant to that section 16 determination, and the remuneration of the QC must be determined as if the advocate were not a QC.
7.—(1) For proceedings in the Court of Appeal the appropriate officer must allow fees for work by litigators at the following prescribed rates—
[F210Class of work | Grade of fee earner | Rate | Variations |
---|---|---|---|
Preparation | Senior solicitor | £48.36 per hour | £50.87 per hour for a litigator whose office is situated within the City of London or a London borough |
Solicitor, legal executive or fee earner of equivalent experience | £41.06 per hour | £43.12 per hour for a litigator whose office is situated within the City of London or a London borough | |
Trainee or fee earner of equivalent experience | £27.15 per hour | £31.03 per hour for a litigator whose office is situated within the City of London or a London borough | |
Advocacy | Senior Solicitor | £58.40 per hour | |
Solicitor | £51.10 per hour | ||
Attendance at court where more than one representative assigned | Senior Solicitor | £38.55 per hour | |
Solicitor, legal executive or fee earner of equivalent experience | £31.03 per hour | ||
Trainee or fee earner of equivalent experience | £18.71 per hour | ||
Travelling and waiting | Senior Solicitor | £22.58 per hour | |
Solicitor, legal executive or fee earner of equivalent experience | £22.58 per hour | ||
Trainee or fee earner of equivalent experience | £11.41 per hour | ||
Routine letters written and routine telephone calls | £3.15 per item | £3.29 per item for a litigator whose office is situated within the City of London or a London borough] |
(2) In respect of any item of work, the appropriate officer may allow fees at less than the relevant prescribed rate specified in the table following sub-paragraph (1) where it appears to the appropriate officer reasonable to do so having regard to the competence and despatch with which the work was done.
Textual Amendments
F210Sch. 3 para. 7(1) table substituted (31.3.2016) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2016 (S.I. 2016/313), reg. 1(1), Sch. 2 para. 1 (with reg. 5)
8.—(1) Upon a determination of fees the appropriate officer may, subject to the provisions of this paragraph, allow fees at more than the relevant prescribed rate specified in paragraph 7 for preparation, advocacy, attendance at court where more than one representative is assigned, routine letters written and routine telephone calls, in respect of offences in Class A, B, C, D, G, I, J or K in the [F211LGFS 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 Court of Appeal 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 may 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
F211Words in Sch. 3 para. 8(1) substituted (1.4.2018) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2018 (S.I. 2018/220), regs. 1, 32 (with reg. 34)
9.—(1) Subject to sub-paragraph 9(4), for proceedings in the Court of Appeal the appropriate officer must allow fees for work by advocates at the following prescribed rates—
Types of proceedings | Basic fee | Full day refresher | Subsidiary fees | ||
---|---|---|---|---|---|
Attendance at consultation, conferences and views | Written work | Attendance at pre-trial reviews, applications and other appearances | |||
All appeals | Maximum amount: £545 per case | Maximum amount: £178.75 per day | £33.50 per hour, minimum amount: £16.75 | Maximum amount: £58.25 per item | Maximum amount: £110 per appearance |
Types of proceedings | Basic fee | Full day refresher | Subsidiary fees | ||
---|---|---|---|---|---|
Attendance at consultation, conferences and views | Written work | Attendance at pre-trial reviews, applications and other appearances | |||
All appeals | Maximum amount: £5,400 per case | Maximum amount: £330.50 per day | £62.50 per hour, minimum amount: £32 | Maximum amount: £119.50 per item | Maximum amount: £257.50 per appearance |
(2) Where an hourly rate is specified in the table following sub-paragraph (1), the appropriate officer must determine any fee for such work in accordance with that hourly rate, provided that the fee determined must not be less than the minimum amount specified.
(3) Where a refresher fee is claimed in respect of less than a full day, the appropriate officer must allow such fee as appears to the appropriate officer reasonable having regard to the fee which would be allowable for a full day.
(4) Where it appears to the appropriate officer, taking into account all the relevant circumstances of the case, that owing to the exceptional circumstances of the case the amount payable by way of fees in accordance with the table following sub-paragraph (1) would not provide reasonable remuneration for some or all of the work the appropriate officer has allowed, the appropriate officer may allow such amounts as appear to the appropriate officer to be reasonable remuneration for the relevant work.
10.—(1) Having determined the fees payable to a representative in accordance with the terms of this Schedule, the appropriate officer must notify the representative of the fees payable and authorise payment accordingly.
(2) Where, as a result of any redetermination or appeal made or brought pursuant to paragraph 11, the fees payable under paragraph (1) are altered—
(a)if they are increased, the appropriate officer must authorise payment of the increase; and
(b)if they are decreased, the representative must repay the amount of such decrease.
(3) Where the payment of any fees of the representative is ordered under regulation 29(12) or regulation 30(8), the appropriate officer must authorise payment.
11.—(1) Where a representative is dissatisfied with—
(a)the fees determined in accordance with the provisions of this Schedule; or
(b)the decision of the appropriate officer under paragraph 3(3) of Schedule 1,
he may apply to the appropriate officer to redetermine those fees or reclassify the offence, in accordance with the provisions of regulation 28(3) to (9).
(2) Where—
(a)a representative has made an application to the appropriate officer under sub-paragraph (1); and
(b)the appropriate officer has given his reasons for a decision under regulation 28(7),
a representative who is dissatisfied with that decision may appeal to a Costs Judge, in accordance with the provisions of regulation 29(2) to (14).
(3) A representative who is dissatisfied with the decision of a Costs Judge on an appeal under sub-paragraph (2) may apply to a Costs Judge to certify a point of principle of general importance, and the provisions of regulation 30(2) to (8) apply.
Regulation 8
[F2121. In this Schedule—
(a) unless the context otherwise requires, words and expressions have the same meaning as in the 2010 Standard Crime Contract, and
(b) “the 2014 Act” means the Anti-social Behaviour, Crime and Policing Act 2014.]
Textual Amendments
F212Sch. 4 para. 1 substituted (23.3.2015) by The Civil and Criminal Legal Aid (Remuneration) (Amendment) Regulations 2015 (S.I. 2015/325), regs. 1, 3(5)
2.—(1) The Fixed Fee for Police Station Telephone Advice is—
(a)[F213£28.70] per claim in London; and
(b)[F214£27.60] per claim outside London (“National”)
(2) The Criminal Defence Direct Fixed Acceptance Fee is [F215£7.30] per Matter.
(3) The hourly rates for Police Station attendance (for recording time and to determine whether the Escape Fee Threshold has been reached) are specified in the table following this sub-paragraph.
[F216London (£) | National (£) | |
---|---|---|
Police Station attendance hourly rates | ||
Own or Duty Solicitor | £51.28 | £47.45 |
Duty Solicitor (Unsocial Hours) | £63.01 | £63.01 |
Duty Solicitor – serious offence rate | £59.31 | £54.75 |
Duty Solicitor – serious offence rate (Unsocial Hours) | £73.00 | £73.00 |
Travel and waiting hourly rates | ||
Own Solicitor | £26.28 | £26.28 |
Duty Solicitor | £51.28 | £47.45 |
Duty Solicitor (Unsocial Hours) | £63.01 | £63.01] |
(4) The table following sub-paragraph (8) sets out—
(a)the Police Station Attendance Fixed Fees; and
(b)the Escape Fee Thresholds applicable to Police Station attendance.
(5) The figures in columns 3 and 4 of the table following sub-paragraph (8) apply to attendance at a police station listed as being within the corresponding Scheme referred to in column 2.
(6) Where attendance is at a place where an interviewing Constable is present, and that place is not a police station listed as being within a Scheme, the relevant Scheme in column 2 is—
(a)the Scheme within which the police station at which the interviewing Constable is normally based is listed; or
(b)where the interviewing Constable is not normally based at a police station listed as being within a Scheme, the Scheme within which the police station nearest to the place of attendance is listed.
(7) Where attendance is at a place where a Services Person is assisting with an investigation by Services Police, the relevant Scheme in column 2 is the Scheme within which the police station nearest to the place of attendance is listed.
(8) In sub-paragraphs (5), (6) and (7), “listed” means listed in the table set out in Annex A to the [F2172017 Standard Crime Contract] Guidance for reporting crime lower work M20.
[F218Criminal Justice System Area | Scheme | Fixed Fee (£) | Escape Fee Threshold (£) |
---|---|---|---|
Cleveland | Hartlepool | 131.40 | 405.40 |
Teesside | 135.96 | 417.03 | |
Durham | Darlington | 154.54 | 463.62 |
South Durham | 152.39 | 468.28 | |
Durham | 177.94 | 554.48 | |
Derwentside | 171.63 | 514.90 | |
Easington | 166.99 | 512.54 | |
Northumbria | South East Northumberland | 148.33 | 444.98 |
Newcastle upon Tyne | 137.79 | 424.01 | |
Gateshead | 142.90 | 428.69 | |
North Tyneside | 140.53 | 431.02 | |
South Tyneside | 133.23 | 410.05 | |
Sunderland / Houghton Le Spring | 148.74 | 458.97 | |
Berwick & Alnwick | 177.03 | 545.17 | |
Tynedale & Hexham | 154.21 | 475.28 | |
Avon & Somerset | Avon North & Thornbury | 177.94 | 561.49 |
Bath | 193.37 | 580.10 | |
Mendip & South Somerset | 216.67 | 650.02 | |
Bristol | 159.98 | 479.94 | |
Sedgemore / Taunton Deane | 181.59 | 615.06 | |
Weston-Super-Mare | 180.95 | 542.85 | |
Dorset | Central Dorset | 182.50 | 547.50 |
Bournemouth & Christchurch | 145.22 | 435.67 | |
Poole East Dorset | 153.30 | 470.60 | |
Bridport / West Dorset | 146.00 | 438.00 | |
Wiltshire | Salisbury | 174.29 | 535.84 |
Chippenham / Trowbridge | 187.94 | 563.82 | |
Swindon | 171.55 | 528.86 | |
Gloucestershire | Cheltenham | 157.86 | 486.92 |
Gloucester | 155.13 | 477.61 | |
Stroud | 177.94 | 547.50 | |
Devon & Cornwall | Barnstaple | 173.96 | 521.88 |
Exeter | 154.54 | 463.62 | |
Plymouth | 179.40 | 538.19 | |
East Cornwall | 198.93 | 675.64 | |
Carrick / Kerrier (Camborne) / Penwith | 177.94 | 563.82 | |
Teignbridge / Torbay | 163.17 | 489.25 | |
Staffordshire | Stoke on Trent / Leek | 177.94 | 563.82 |
Stafford / Cannock & Rugeley | 177.94 | 547.50 | |
Lichfield & Tamworth / Burton Upon Trent / Uttoxeter | 172.46 | 531.18 | |
Warwickshire | Leamington / Nuneaton / Rugby | 178.61 | 535.84 |
West Mercia | Hereford / Leominster | 155.32 | 465.95 |
Kidderminster / Redditch | 198.81 | 596.42 | |
Shrewsbury | 166.08 | 510.22 | |
Telford | 172.46 | 531.18 | |
Worcester | 180.95 | 542.85 | |
West Midlands | Sandwell | 176.11 | 540.52 |
Wolverhampton & Seisdon | 176.11 | 540.52 | |
Dudley & Halesowen | 173.18 | 519.55 | |
Walsall | 177.94 | 549.83 | |
Birmingham | 177.94 | 566.14 | |
Solihull | 187.16 | 561.49 | |
Coventry | 153.77 | 461.30 | |
Dyfed Powys | Amman Valley | 177.94 | 570.80 |
Carmarthen East Dyfed | 201.92 | 605.75 | |
Llanelli | 138.70 | 426.34 | |
Brecon & Radnor | 203.47 | 610.41 | |
Mid Wales | 155.32 | 465.95 | |
North Ceredigion / South Ceredigion | 204.24 | 612.73 | |
Pembrokeshire | 166.99 | 514.90 | |
Gwent | East Gwent | 169.73 | 521.88 |
Newport | 166.99 | 512.54 | |
Lower Rhymney Valley / North Bedwellty/ South Bedwellty | 177.94 | 556.81 | |
North Wales | Bangor & Caernarfon | 189.49 | 568.47 |
Colwyn Bay | 173.38 | 533.51 | |
Denbighshire | 188.71 | 566.14 | |
Dolgellau | 188.71 | 566.14 | |
Mold & Hawarden | 177.94 | 554.48 | |
North Anglesey | 197.26 | 591.77 | |
Pwllheli | 133.57 | 400.72 | |
Wrexham | 161.53 | 484.59 | |
South Wales | Cardiff | 177.94 | 587.11 |
Vale of Glamorgan | 208.13 | 624.40 | |
Cynon Valley | 177.94 | 563.82 | |
Mid Glamorgan & Miskin | 177.94 | 587.11 | |
Merthyr Tydfil | 177.94 | 582.46 | |
Port Talbot | 219.00 | 740.88 | |
Newcastle & Ogmore | 177.94 | 596.42 | |
Neath | 180.68 | 612.73 | |
Swansea | 171.55 | 528.86 | |
Merseyside | Bootle & Crosby | 162.43 | 498.58 |
Southport | 135.91 | 407.72 | |
Liverpool | 179.40 | 538.19 | |
St Helens | 153.30 | 472.96 | |
Knowsley | 165.16 | 507.89 | |
Wirral | 157.86 | 484.59 | |
Cheshire | Crewe & Nantwich / Sandbach & Congleton / Macclesfield | 176.11 | 540.52 |
Warrington / Halton | 154.54 | 463.62 | |
Chester / Vale Royal (Northwich) | 160.76 | 482.27 | |
Cumbria | Barrow in Furness | 153.77 | 461.30 |
Kendal & Windermere | 183.28 | 549.83 | |
Penrith / Carlisle | 173.18 | 519.55 | |
Whitehaven / Workington | 143.67 | 431.02 | |
Greater Manchester | Manchester | 177.94 | 587.11 |
Stockport | 167.74 | 503.23 | |
Trafford | 177.94 | 559.16 | |
Salford | 177.94 | 570.80 | |
Bolton | 164.64 | 493.93 | |
Bury | 159.98 | 479.94 | |
Wigan | 170.07 | 510.22 | |
Rochdale / Middleton | 169.30 | 507.89 | |
Tameside | 156.04 | 479.94 | |
Oldham | 137.46 | 412.38 | |
Lancashire | Burnley / Rossendale | 162.31 | 486.92 |
Blackburn / Accrington / Ribble Valley | 177.94 | 580.10 | |
Blackpool | 126.58 | 379.75 | |
Fleetwood | 129.69 | 389.08 | |
Lancaster | 159.20 | 477.61 | |
Chorley / Ormskirk / South Ribble & Leyland | 174.73 | 524.20 | |
Preston | 142.90 | 428.69 | |
Kent | Dartford & Gravesend | 232.98 | 698.94 |
Ashford & Tenterden / Dover / Folkestone | 205.31 | 696.61 | |
Medway | 205.02 | 615.06 | |
Swale | 243.07 | 729.22 | |
Maidstone & West Malling | 216.67 | 650.02 | |
Canterbury / Thanet | 177.94 | 603.43 | |
West Kent (Tonbridge) | 208.13 | 624.40 | |
Surrey | Guildford & Farnham | 179.76 | 610.41 |
North West Surrey (Woking) | 196.19 | 666.31 | |
South East Surrey | 207.14 | 703.59 | |
Epsom | 209.88 | 712.93 | |
Staines | 240.90 | 815.42 | |
Sussex | Brighton & Hove & Lewes | 183.41 | 622.04 |
Chichester & District | 162.43 | 498.58 | |
Crawley / Horsham | 228.32 | 684.95 | |
Hastings | 142.35 | 438.00 | |
Worthing | 164.25 | 505.56 | |
Eastbourne | 173.18 | 519.55 | |
Derbyshire | East Derbyshire (Ripley) / Ilkeston | 206.57 | 619.72 |
Ashbourne / Matlock / High Peak (Buxton) | 190.27 | 570.80 | |
Chesterfield | 177.84 | 533.51 | |
Derby / Swadlincote | 177.94 | 570.80 | |
Leicestershire | Ashby & Coalville / Loughborough / Melton Mowbray | 181.72 | 545.17 |
Leicester | 177.94 | 552.15 | |
Hinckley / Market Harborough | 201.92 | 605.75 | |
Lincolnshire | Boston, Bourne, Stamford | 173.38 | 533.51 |
Skegness | 156.09 | 468.28 | |
Lincoln / Gainsborough | 161.53 | 484.59 | |
Grantham & Sleaford | 159.69 | 491.57 | |
Nottinghamshire | Mansfield | 160.60 | 493.93 |
Newark | 180.17 | 540.52 | |
Nottingham | 179.40 | 538.19 | |
Worksop & East Retford | 170.64 | 524.20 | |
Northamptonshire | Corby (Kettering) / Wellingborough | 157.65 | 472.96 |
Northampton | 170.85 | 512.54 | |
Bedfordshire | Bedford | 167.90 | 517.22 |
Luton | 177.94 | 601.07 | |
Cambridgeshire | Cambridge | 162.43 | 500.91 |
Ely | 177.94 | 575.45 | |
Huntingdon | 173.18 | 519.55 | |
March & Wisbech | 171.63 | 514.90 | |
Peterborough | 142.90 | 428.69 | |
Essex | Basildon | 177.94 | 549.83 |
Brentwood | 249.11 | 845.72 | |
Braintree | 198.93 | 673.32 | |
Clacton & Harwich / Colchester | 177.94 | 563.82 | |
Grays | 232.69 | 789.80 | |
Harlow & Loughton | 232.69 | 789.80 | |
Stansted | 257.33 | 873.67 | |
Rayleigh / Southend on Sea | 166.97 | 500.91 | |
Chelmsford / Witham | 176.11 | 542.85 | |
Hertfordshire | Dacorum (Hemel Hempstead) | 209.88 | 710.57 |
Bishop’s Stortford / East Hertfordshire | 254.59 | 864.34 | |
Stevenage & North Hertfordshire | 236.34 | 801.46 | |
St. Albans | 214.44 | 702.25 | |
Watford | 210.79 | 715.25 | |
Norfolk | Cromer & North Walsham | 184.33 | 624.40 |
Great Yarmouth | 168.52 | 505.56 | |
Kings Lynn & West Norfolk | 164.64 | 493.93 | |
Norwich & District | 169.30 | 507.89 | |
Diss / Thetford | 175.20 | 538.19 | |
Dereham | 198.01 | 670.99 | |
Suffolk | Lowestoft / Beccles & Halesworth / Aldeburgh | 169.30 | 507.89 |
Felixstowe / Ipswich & District / Woodbridge | 172.41 | 517.22 | |
Sudbury & Hadleigh / Bury St. Edmunds / Haverhill / Newmarket | 177.94 | 552.15 | |
Thames Valley | Abingdon, Didcot & Witney (South Oxfordshire) | 208.96 | 708.25 |
Aylesbury | 198.81 | 596.42 | |
High Wycombe & Amersham | 190.71 | 647.69 | |
Milton Keynes | 165.16 | 507.89 | |
Bicester / North Oxon (Banbury) | 194.36 | 659.33 | |
Oxford | 194.36 | 659.33 | |
Reading | 188.71 | 566.14 | |
Slough (East Berkshire) | 208.96 | 708.25 | |
West Berkshire (Newbury etc.) | 174.73 | 524.20 | |
Hampshire | Aldershot / Petersfield (North East Hampshire) | 199.84 | 677.97 |
Andover / Basingstoke / Winchester (North West Hampshire) | 210.46 | 631.38 | |
Isle of Wight | 171.63 | 514.90 | |
Portsmouth / Waterlooville (South East Hampshire) | 176.29 | 528.86 | |
Gosport & Fareham | 215.11 | 645.34 | |
Southampton (South West Hampshire) | 198.81 | 596.42 | |
Humberside | Grimsby & Cleethorpes | 134.35 | 403.04 |
Scunthorpe | 144.18 | 444.98 | |
Hull | 153.30 | 470.60 | |
Beverley / Bridlington | 177.94 | 587.11 | |
Goole | 182.50 | 617.39 | |
North Yorkshire | Northallerton & Richmond | 191.82 | 575.45 |
Harrogate & Ripon | 184.05 | 552.15 | |
Skipton, Settle & Ingleton | 177.94 | 547.50 | |
Scarborough / Whitby | 152.39 | 468.28 | |
Malton & Rydale | 146.78 | 440.33 | |
York / Selby | 159.69 | 491.57 | |
South Yorkshire | Barnsley | 158.78 | 489.25 |
Doncaster | 153.30 | 470.60 | |
Rotherham | 162.43 | 500.91 | |
Sheffield | 166.99 | 514.90 | |
West Yorkshire | Halifax | 173.96 | 521.88 |
Huddersfield | 146.78 | 440.33 | |
Dewsbury | 159.20 | 477.61 | |
Bradford | 135.96 | 419.36 | |
Keighley & Bingley | 153.30 | 470.60 | |
Leeds | 144.18 | 442.65 | |
Pontefract & Castleford | 141.34 | 424.01 | |
Wakefield | 139.61 | 428.69 | |
London | Barking | 224.48 | 761.85 |
Bexley | 200.75 | 680.30 | |
Bishopsgate | 234.51 | 794.45 | |
Brent | 219.00 | 740.88 | |
Brentford | 222.65 | 754.84 | |
Bromley | 211.70 | 717.58 | |
Camberwell Green | 219.00 | 743.20 | |
Central London | 237.25 | 803.78 | |
Clerkenwell / Hampstead | 221.74 | 750.18 | |
Croydon | 216.26 | 731.54 | |
Ealing | 229.95 | 780.67 | |
Enfield | 218.09 | 738.55 | |
Greenwich / Woolwich | 208.96 | 708.25 | |
Haringey | 225.39 | 764.17 | |
Harrow | 219.00 | 743.20 | |
Havering | 204.40 | 691.96 | |
Heathrow | 274.66 | 931.93 | |
Hendon / Barnet | 220.83 | 747.86 | |
Highbury Corner | 229.95 | 778.16 | |
Kingston-Upon-Thames | 228.13 | 773.48 | |
Newham | 219.91 | 745.53 | |
Old Street | 219.00 | 743.20 | |
Redbridge | 225.39 | 764.17 | |
Richmond-Upon-Thames | 240.90 | 815.42 | |
South London | 229.95 | 778.16 | |
Sutton | 218.09 | 738.55 | |
Thames | 218.09 | 738.55 | |
Tower Bridge | 232.69 | 789.80 | |
Uxbridge | 210.79 | 715.25 | |
Waltham Forest | 204.40 | 694.28 | |
West London | 235.43 | 799.10 | |
Wimbledon | 223.56 | 757.19] |
Textual Amendments
F213Sum in Sch. 4 para. 2(1)(a) substituted (31.3.2016) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2016 (S.I. 2016/313), reg. 1(1), Sch. 3 para. 2(a)(i) (with reg. 5)
F214Sum in Sch. 4 para. 2(1)(b) substituted (31.3.2016) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2016 (S.I. 2016/313), reg. 1(1), Sch. 3 para. 2(a)(ii) (with reg. 5)
F215Sum in Sch. 4 para. 2(2) substituted (31.3.2016) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2016 (S.I. 2016/313), reg. 1(1), Sch. 3 para. 2(b) (with reg. 5)
F216Sch. 4 para. 2(3) table substituted (31.3.2016) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2016 (S.I. 2016/313), reg. 1(1), Sch. 3 para. 2(c) (with reg. 5)
F217Words in Sch. 4 para. 2(8) substituted (1.4.2017) by The Criminal Legal Aid (Standard Crime Contract) (Amendment) Regulations 2017 (S.I. 2017/311), regs. 1, 3(5)(b) (with reg. 5)
F218Sch. 4 para. 2(8) table substituted (31.3.2016) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2016 (S.I. 2016/313), reg. 1(1), Sch. 3 para. 2(d) (with reg. 5)
Marginal Citations
M20A copy of the guidance is available at www.justice.gov.uk/legal-aid/submit-claim/cwa-online-claims/codes-guidance. Copies can be inspected at the Legal Aid Agency (Head Office), 102 Petty France, London, SW1H 9AJ.
3.—(1) The fixed amounts and hourly rates for free standing Advice and Assistance conducted outside the Police Station are specified in the table following this sub-paragraph and this Unit of Work is subject to an Upper Limit of [F219£273.75].
[F220London (£) | National (£) | |
---|---|---|
Routine letters written and routine telephone calls per item | 3.51 | 3.38 |
Preparation hourly rate | 45.35 | 42.80 |
Travel and waiting hourly rate | 24.00 | 24.00] |
(2) The fixed amounts and hourly rates for Advocacy Assistance on a warrant of further detention are specified in Tables A and B following this sub-paragraph and this Unit of Work is subject to an Upper Limit of [F221£1,368.75].
London (£) | National (£) | |
---|---|---|
Routine letters written and telephone calls (per item) | ||
Own Solicitor and Duty Solicitor | 3.51 | 3.38 |
Duty Solicitor (Unsocial Hours) | 4.65 | 4.47 |
Preparation hourly rate | ||
Own Solicitor and Duty Solicitor | 45.35 | 42.80 |
Duty Solicitor (Unsocial Hours) | 60.50 | 57.03 |
Advocacy hourly rate | ||
Own Solicitor and Duty Solicitor | 53.84 | 53.84 |
Duty Solicitor (Unsocial Hours) | 71.77 | 71.77 |
Travelling and waiting hourly rate | ||
Own Solicitor and Duty Solicitor | 24.00 | 24.00 |
Duty Solicitor (Unsocial Hours) | 31.98 | 31.98] |
London (£) | National (£) | |
---|---|---|
Routine letter out per item | 6.84 | 6.84 |
Routine telephone calls per item | 3.79 | 3.79 |
All other preparation work, hourly rate | 72.54 | 68.44 |
Attending counsel in conference or at the trial or hearing of any summons or application at court or other appointment, hourly rate | 33.76 | 33.76 |
Attending without counsel at the trial or hearing of any cause or the hearing of any summons or application at court, or other appointment, hourly rate | 68.44 | 68.44 |
Travelling and waiting, hourly rate | 30.34 | 30.34] |
(3) The fixed amounts and hourly rates for Advocacy Assistance in armed forces custody hearings are specified in the table following this sub-paragraph and this Unit of Work is subject to an Upper Limit of [F221£1,368.75].
[F223London (£) | National (£) | |
---|---|---|
Routine letters written and telephone calls (per item) | ||
Own Solicitor and Duty Solicitor | 3.51 | 3.38 |
Duty Solicitor(Unsocial Hours) | 4.65 | 4.47 |
Preparation hourly rate | ||
Own Solicitor and Duty Solicitor | 45.35 | 42.80 |
Duty Solicitor (Unsocial Hours) | 60.50 | 57.03 |
Advocacy hourly rate | ||
Own Solicitor and Duty Solicitor | 53.84 | 53.84 |
Duty Solicitor (Unsocial Hours) | 71.77 | 71.77 |
Travelling and waiting hourly rate | ||
Own Solicitor and Duty Solicitor | 24.00 | 24.00 |
Duty Solicitor (Unsocial Hours) | 31.98 | 31.98] |
(4) The fixed amounts and hourly rates for Advocacy Assistance in [F224magistrates’ courts in connection with an application relating to police bail] are specified in the table following this sub-paragraph and this Unit of Work is subject to an Upper Limit of [F221£1,368.75].
[F226London (£) | National (£) | |
---|---|---|
Routine letters written and telephone calls per item | 3.70 | 3.56 |
Preparation hourly rate | 47.95 | 45.35 |
Advocacy hourly rate | 56.89 | 56.89 |
Travelling and waiting hourly rate | 24.00 | 24.00] |
Textual Amendments
F219Sum in Sch. 4 para. 3(1) substituted (31.3.2016) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2016 (S.I. 2016/313), reg. 1(1), Sch. 3 para. 3(a) (with reg. 5)
F220Sch. 4 para. 3(1) table substituted (31.3.2016) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2016 (S.I. 2016/313), reg. 1(1), Sch. 3 para. 3(b) (with reg. 5)
F221Sum in Sch. 4 substituted (31.3.2016) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2016 (S.I. 2016/313), reg. 1(1), Sch. 3 para. 1 (with reg. 5)
F222Sch. 4 para. 3(2) tables substituted (31.3.2016) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2016 (S.I. 2016/313), reg. 1(1), Sch. 3 para. 3(c) (with reg. 5)
F223Sch. 4 para. 3(3) table substituted (31.3.2016) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2016 (S.I. 2016/313), reg. 1(1), Sch. 3 para. 3(d) (with reg. 5)
F224Words in Sch. 4 para. 3(4) substituted (1.4.2017) by The Criminal Legal Aid (Standard Crime Contract) (Amendment) Regulations 2017 (S.I. 2017/311), regs. 1, 3(5)(c)(i) (with reg. 5)
F225Words in Sch. 4 para. 3(4) table substituted (1.4.2017) by The Criminal Legal Aid (Standard Crime Contract) (Amendment) Regulations 2017 (S.I. 2017/311), regs. 1, 3(5)(c)(ii) (with reg. 5)
F226Sch. 4 para. 3(4) table substituted (31.3.2016) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2016 (S.I. 2016/313), reg. 1(1), Sch. 3 para. 3(e) (with reg. 5)
4.—(1) The hourly rates for Advice and Assistance and Advocacy Assistance by a court Duty Solicitor are specified in the table following this sub-paragraph.
[F227London (£) | National (£) | |
---|---|---|
Standard hourly rate (attendance and waiting at a magistrates’ court) | 50.32 | 49.14 |
Enhanced hourly rate (only payable in respect of work done on a day which is not a Business Day) | 62.87 | 61.41 |
Travelling hourly rate (only payable where the Duty Solicitor is called out (including being called to return) to the court from the Office or attends on a day that is not a Business Day. Reasonable travel expenses may also be claimed (where relevant)). | 24.00 | 24.00] |
(2) The Fixed Fees for Advocacy Assistance at the Virtual Court are specified in the table following this sub-paragraph.
[F228London (£) | National (£) | |
---|---|---|
Virtual Court Fixed Fee where the hearing is held during Business Hours | 182.50 | 136.88 |
Virtual Court Fixed Fee where the hearing is held during Unsocial hours | 219.00 | 164.25] |
Textual Amendments
F227Sch. 4 para. 4(1) table substituted (31.3.2016) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2016 (S.I. 2016/313), reg. 1(1), Sch. 3 para. 4(a) (with reg. 5)
F228Sch. 4 para. 4(2) table substituted (31.3.2016) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2016 (S.I. 2016/313), reg. 1(1), Sch. 3 para. 4(b) (with reg. 5)
5.—[F229(A1) This paragraph does not apply where paragraph 5A applies.]
(1) The fixed amounts and hourly rates [F230for representation in a magistrates’ court F231...] 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 scheme,
are specified in the table following this sub-paragraph.
[F232All Areas | |
---|---|
Routine letters written and telephone calls per item | £3.56 |
Preparation hourly rate | £45.35 |
Advocacy hourly rate (including applications for bail and other applications to the court) | £56.89 |
Hourly rate for attendance at court where Counsel is assigned (including conferences with Counsel at court) | £31.03 |
Travelling and waiting hourly rate (only claimable where the undesignated area fees apply) | £24.00] |
(2) The table following this sub-paragraph sets out the fees and fee limits for the Standard Fee payment scheme for representation in a magistrates' court [F233(except where paragraph 5A applies)].
[F234Lower Standard Fee (£) | Lower Standard Fee Limit (£) | Higher Standard Fee (£) | Higher Standard Fee Limit (£) | |
---|---|---|---|---|
Designated Area Standard Fees | ||||
Category 1A | 248.71 | 272.34 | 471.81 | 471.85 |
Category 1B | 202.20 | 272.34 | 435.64 | 471.85 |
Category 2 | 345.34 | 467.84 | 723.35 | 779.64 |
Undesignated Area Standard Fees | ||||
Category 1A | 194.68 | 272.34 | 412.30 | 471.85 |
Category 1B | 158.27 | 272.34 | 380.70 | 471.85 |
Category 2 | 279.45 | 467.84 | 640.94 | 779.64] |
(3) In the table following sub-paragraph (2)—
(a)the reference to “Category 1A” cases is a reference to the following proceedings—
(i)either way guilty pleas;
[F235(ia)guilty pleas in proceedings for low-value shoplifting as defined in section 22A(3) of the Magistrates’ Court Act 1980 (low-value shoplifting);]
(ii)indictable only cases heard in the Youth Court;
(iii)proceedings F236...relating to either way offences [F237or proceedings referred to in sub-paragraph (ia)] which are discontinued or withdrawn or where the prosecution offer no evidence; and
(iv)proceedings F236... relating to either way offences [F238or proceedings referred to in sub-paragraph (ia)] which result in a bind over;
(b)the reference to “Category 1B” cases is a reference to the following proceedings [F239(other than proceedings referred to in paragraph (a)(ia))]—
(i)summary only guilty pleas;
(ii)uncontested proceedings arising out of a breach of an order of a magistrates' courts (including proceedings in a magistrates' court relating to a breach of a Crown Court community rehabilitation order, community punishment order or suspended sentence);
(iii)proceedings F240... relating to summary offences which are discontinued or withdrawn or where the prosecution offer no evidence;
(iv)proceedings F240... relating to summary offences which result in a bind over;
(v)proceedings arising out of a deferment of sentence (including any subsequent sentence hearing) under [F241Chapter 1 of Part 2 of the Sentencing Code];
(vi)proceedings prescribed under regulation 9 of the Criminal Legal Aid (General) Regulations 2013 M21, except where the case was listed and fully prepared for a contested hearing to decide whether an order should be made; F242...
(vii)proceedings relating to either way offences which must be tried in a magistrates' court in accordance with section 22 of the Magistrates' Courts Act 1980 M22;
(c)the reference to “Category 2” cases is a reference to—
(i)contested trials;
(ii)proceedings which were listed and fully prepared for trial in a magistrates' court but are disposed of by a guilty plea on the day of trial before the opening of the prosecution case;
(iii)proceedings which were listed and fully prepared for trial in a 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)contested proceedings relating to a breach of an order of a magistrates' court (including proceedings relating to a breach of a Crown Court community rehabilitation order, community punishment order or suspended sentence);
(v)proceedings where mixed pleas are entered; 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; and
F243(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) The fees payable to Assigned Counsel for representation in a magistrates' court are subject to the limits specified in the table following paragraph 12.
F244(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F245(6) The fixed fee payable to a litigator in respect of a case sent for trial to the Crown Court is £181.40.]
Textual Amendments
F229Sch. 4 para. 5(A1) inserted (1.4.2016) by The Criminal Legal Aid (Remuneration etc.) (Amendment) Regulations 2015 (S.I. 2015/1369), regs. 1(2)(b), 6(8)(f)(i) (with reg. 2(2)) (as amended by S.I. 2015/2049, reg. 2)
F230Words in Sch. 4 para. 5(1) inserted (23.3.2015) by The Civil and Criminal Legal Aid (Remuneration) (Amendment) Regulations 2015 (S.I. 2015/325), regs. 1, 3(6)(a)
F231Words in Sch. 4 para. 5(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(8)(f)(ii) (with reg. 2(2)) (as amended by S.I. 2015/2049, reg. 2)
F232Sch. 4 para. 5(1) table substituted (31.3.2016) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2016 (S.I. 2016/313), reg. 1(1), Sch. 3 para. 5(a) (with reg. 5)
F233Words in Sch. 4 para. 5(2) inserted (23.3.2015) by The Civil and Criminal Legal Aid (Remuneration) (Amendment) Regulations 2015 (S.I. 2015/325), regs. 1, 3(6)(b)
F234Sch. 4 para. 5(2) table substituted (31.3.2016) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2016 (S.I. 2016/313), reg. 1(1), Sch. 3 para. 5(b) (with reg. 5)
F235Sch. 4 para. 5(3)(a)(ia) inserted (with application in accordance with reg. 4(3) of the amending S.I.) by The Civil and Criminal Legal Aid (Remuneration) (Amendment) Regulations 2015 (S.I. 2015/325), regs. 1, 3(6)(c)(i)
F236Words in Sch. 4 para. 5(3)(a)(iii)(iv) 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(13)(b)(i) (with reg. 10(1))
F237Words in Sch. 4 para. 5(3)(a)(iii) inserted (23.3.2015) by The Civil and Criminal Legal Aid (Remuneration) (Amendment) Regulations 2015 (S.I. 2015/325), regs. 1, 3(6)(c)(ii)
F238Words in Sch. 4 para. 5(3)(a)(iv) inserted (23.3.2015) by The Civil and Criminal Legal Aid (Remuneration) (Amendment) Regulations 2015 (S.I. 2015/325), regs. 1, 3(6)(c)(ii)
F239Words in Sch. 4 para. 5(3)(b) inserted (23.3.2015) by The Civil and Criminal Legal Aid (Remuneration) (Amendment) Regulations 2015 (S.I. 2015/325), regs. 1, 3(6)(c)(iii)
F240Words in Sch. 4 para. 5(3)(b)(iii)(iv) 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(13)(b)(i) (with reg. 10(1))
F241Words in Sch. 4 para. 5(3)(b)(v) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 416 (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2
F242Word in Sch. 4 para. 5(3)(c)(vi) 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(13)(b)(ii) (with reg. 10(1))
F243Sch. 4 para. 5(3)(d) 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(13)(b)(iii) (with reg. 10(1))
F244Sch. 4 para. 5(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(13)(c) (with reg. 10(1))
F245Sch. 4 para. 5(6) inserted (19.10.2020) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2020 (S.I. 2020/903), regs. 1(3), 6 (with reg. 7)
Marginal Citations
5A.—(1) This paragraph applies to proceedings prescribed as criminal proceedings under section 14(h) of the Act (other than an appeal) relating to—
(a)an injunction under Part 1 of the 2014 Act; or
(b)a parenting order under section 8(1)(b) of the Crime and Disorder Act 1998 where an injunction is granted under Part 1 of the 2014 Act.
(2) The fixed amounts and hourly rates for—
(a)determining whether the lower or higher fee limit has been reached, and
(b)claiming costs in cases which fall outside the fixed fee limits, are specified in the table following this sub-paragraph.
[F247All Areas | |
---|---|
Routine letters written and telephone calls per item | £3.56 |
Preparation hourly rate | £45.35 |
Advocacy hourly rate (including applications for bail and other applications to the court) | £56.89 |
Hourly rate for attendance at court where Counsel is assigned (including conferences with Counsel at court) | £31.03] |
(3) The table following this sub-paragraph sets out the fees and fee limits for representation in any court.
[F248Lower fee (£) | Lower fee limit (£) | Higher fee (£) | Higher fee limit (£) | |
---|---|---|---|---|
Uncontested | 158.27 | 272.34 | 380.70 | 471.85 |
Contested | 279.45 | 467.84 | 640.94 | 779.64] |
(4) The hourly rate for travelling and waiting in any court is [F249£24.00]].
Textual Amendments
F246Sch. 4 para. 5A inserted (23.3.2015) by The Civil and Criminal Legal Aid (Remuneration) (Amendment) Regulations 2015 (S.I. 2015/325), regs. 1, 3(7)
F247Sch. 4 para. 5A(2) table substituted (31.3.2016) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2016 (S.I. 2016/313), reg. 1(1), Sch. 3 para. 6(a) (with reg. 5)
F248Sch. 4 para. 5A(3) table substituted (31.3.2016) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2016 (S.I. 2016/313), reg. 1(1), Sch. 3 para. 6(b) (with reg. 5)
F249Sum in Sch. 4 para. 5A(4) substituted (31.3.2016) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2016 (S.I. 2016/313), reg. 1(1), Sch. 3 para. 6(c) (with reg. 5)
6.—(1) The fixed amounts and hourly rates for Pre-Order Cover, Early Cover and means test form completion are specified in the table following this paragraph.
(2) The amount payable for Pre-Order cover is subject to an Upper Limit of—
(a)[F250£47.95] per claim in London; and
(b)[F251£45.35] per claim outside London (“National”).
(3) The Fixed Fee for Early Cover is [F252£68.44].
(4) The refused means test completion fee is [F253£22.81].
London (£) | National (£) | |
---|---|---|
Routine letters written and telephone calls per item | 3.70 | 3.56 |
Preparation hourly rate | 47.95 | 45.35 |
Advocacy (including applications for bail and other applications to the court) hourly rate | 56.89 | 56.89 |
Travelling and waiting hourly rate (only applicable where the Undesignated Area fees apply) | N/A | 24.00] |
Textual Amendments
F250Sum in Sch. 4 para. 6(2)(a) substituted (31.3.2016) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2016 (S.I. 2016/313), reg. 1(1), Sch. 3 para. 7(a)(i) (with reg. 5)
F251Sum in Sch. 4 para. 6(2)(b) substituted (31.3.2016) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2016 (S.I. 2016/313), reg. 1(1), Sch. 3 para. 7(a)(ii) (with reg. 5)
F252Sum in Sch. 4 para. 6(3) substituted (31.3.2016) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2016 (S.I. 2016/313), reg. 1(1), Sch. 3 para. 7(b) (with reg. 5)
F253Sum in Sch. 4 para. 6(4) substituted (31.3.2016) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2016 (S.I. 2016/313), reg. 1(1), Sch. 3 para. 7(c) (with reg. 5)
F254Sch. 4 para. 6(4) table substituted (31.3.2016) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2016 (S.I. 2016/313), reg. 1(1), Sch. 3 para. 7(d) (with reg. 5)
7.—(1) The fixed amounts and hourly rates for representation in the Crown Court in proceedings prescribed as criminal proceedings under section 14(h) of the Act (other than an appeal from a magistrates' court [F255or where paragraph 5A applies]) are specified in the table following this sub-paragraph and this Unit of Work is subject to an Upper Limit of [F221£1,368.75].
[F257London (£) | National (£) | |
---|---|---|
Routine letters written and telephone calls per item | 3.70 | 3.56 |
Preparation hourly rate | 47.95 | 45.35 |
Advocacy hourly rate | 56.89 | 56.89 |
Travelling and waiting hourly rate | 24.00 | 24.00] |
(2) The fixed amounts and hourly rates for representation in the High Court [F258, the family court] or a county court in proceedings prescribed as criminal proceedings under section 14(h) of the Act [F259(except where paragraph 5A or paragraph 10 applies)] are specified in the table following this sub-paragraph [F260and this Unit of Work is subject to an Upper Limit of £1,368.75].
London (£) | National (£) | |
---|---|---|
Routine letters out per item | 6.84 | 6.02 |
Routine telephone calls per item | 3.79 | 3.33 |
All other preparation work hourly rate | 68.44 (72.54 where Provider’s office is in London) | 60.23 (63.88 where Provider’s office is in London) |
Attending counsel in conference or at the trial or hearing of any summons or application at court or other appointment – hourly rate | 33.76 | 29.66 |
Attending without counsel at the trial or hearing of any cause or the hearing of any summons or other application at court or other appointment – hourly rate | 68.44 | 60.23 |
Travelling and waiting hourly rate | 30.34 | 26.65] |
(3) The fees payable to Assigned Counsel for representation in the High Court [F263, the family court] or a county court in proceedings prescribed as criminal proceedings under section 14(h) of the Act are subject to the limits specified in the table following paragraph 12.
Textual Amendments
F221Sum in Sch. 4 substituted (31.3.2016) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2016 (S.I. 2016/313), reg. 1(1), Sch. 3 para. 1 (with reg. 5)
F255Words in Sch. 4 para. 7(1) inserted (23.3.2015) by The Civil and Criminal Legal Aid (Remuneration) (Amendment) Regulations 2015 (S.I. 2015/325), regs. 1, 3(8)(a)
F256Words in Sch. 4 para. 7 substituted (23.3.2015) by The Civil and Criminal Legal Aid (Remuneration) (Amendment) Regulations 2015 (S.I. 2015/325), regs. 1, 3(8)(b)
F257Sch. 4 para. 7(1) table substituted (31.3.2016) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2016 (S.I. 2016/313), reg. 1(1), Sch. 3 para. 8(a) (with reg. 5)
F258Words in Sch. 4 para. 7(2) inserted (17.7.2015) by The Civil and Criminal Legal Aid (Amendment) Regulations 2015 (S.I. 2015/1416), regs. 1(2)(b), 5(3)(a)
F259Words in Sch. 4 para. 7(2) inserted (23.3.2015) by The Civil and Criminal Legal Aid (Remuneration) (Amendment) Regulations 2015 (S.I. 2015/325), regs. 1, 3(8)(c)
F260Words in Sch. 4 para. 7(2) inserted (1.4.2017) by The Criminal Legal Aid (Standard Crime Contract) (Amendment) Regulations 2017 (S.I. 2017/311), regs. 1, 3(5)(d) (with reg. 5)
F261Sch. 4 para. 7(2) table substituted (31.3.2016) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2016 (S.I. 2016/313), reg. 1(1), Sch. 3 para. 8(b) (with reg. 5)
F262Words in Sch. 4 para. 7(2) table inserted (17.7.2015) by The Civil and Criminal Legal Aid (Amendment) Regulations 2015 (S.I. 2015/1416), regs. 1(2)(b), 5(3)(b)
F263Words in Sch. 4 para. 7(3) inserted (17.7.2015) by The Civil and Criminal Legal Aid (Amendment) Regulations 2015 (S.I. 2015/1416), regs. 1(2)(b), 5(3)(c)
8. The fixed amounts and hourly rates for Advice and Assistance on an appeal against conviction or sentence pursuant to a determination made under section 15 of the Act (except where there is a subsisting section 16 determination) or an application to the Criminal Cases Review Commission are specified in the table following this paragraph and are subject to an Upper Limit of—
(a)[F264£273.75] for Advice and Assistance on appeals against conviction or sentence; and
(b)[F265£456.25] for Advice and Assistance on an application to the Criminal Cases Review Commission.
London (£) | National (£) | |
---|---|---|
Routine letters written and routine telephone calls per item | 3.51 | 3.38 |
Preparation hourly rate | 45.35 | 42.80 |
Travel and waiting hourly rate | 24.00 | 24.00] |
Textual Amendments
F264Sum in Sch. 4 para. 8(a) substituted (31.3.2016) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2016 (S.I. 2016/313), reg. 1(1), Sch. 3 para. 9(a) (with reg. 5)
F265Sum in Sch. 4 para. 8(b) substituted (31.3.2016) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2016 (S.I. 2016/313), reg. 1(1), Sch. 3 para. 9(b) (with reg. 5)
F266Sch. 4 para. 8 table substituted (31.3.2016) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2016 (S.I. 2016/313), reg. 1(1), Sch. 3 para. 9(c) (with reg. 5)
9.—(1) The fixed amounts and hourly rates for representation on an appeal by way of case stated are specified in the table following this sub-paragraph.
[F267High Court (£) | |
---|---|
Routine letters out per item | 6.84 |
Routine telephone calls per item | 3.79 |
All other preparation work – hourly rate | 68.44 (72.54 where the Provider’s office is in London) |
Attending counsel in conference or at the trial or hearing of any summons or application at court or other appointment – hourly rate | 33.76 |
Attending without counsel at the trial or hearing of any cause or the hearing of any summons or other application at court or other appointment – hourly rate | 68.44 |
Travelling and waiting hourly rate | 30.34] |
(2) The fees payable to Assigned Counsel for representation in the High Court on an appeal by way of case stated are subject to the limits specified in the table following paragraph 12.
Textual Amendments
F267Sch. 4 para. 9(1) table substituted (31.3.2016) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2016 (S.I. 2016/313), reg. 1(1), Sch. 3 para. 10 (with reg. 5)
10. The fixed amounts and hourly rates for representation in the Crown Court pursuant to a section 16 determination on an appeal from a magistrates' court in proceedings prescribed as criminal proceedings under section 14(h) of the Act [F268or an appeal to the County Court relating to an injunction under Part 1 of the 2014 Act or a parenting order under section 8(1)(b) of the Crime and Disorder Act 1998 made in connection with an injunction under Part 1 of the 2014 Act] are specified in the table following this paragraph, and this Unit of Work is subject to an Upper Limit of [F221£1,368.75]
London (£) | National (£) | |
---|---|---|
[F269Routine letters written and telephone calls per item | 3.70 | 3.56 |
Preparation hourly rate | 47.95 | 45.35 |
Advocacy hourly rate | 56.89 | 56.89 |
Travelling and waiting hourly rate | 24.00 | 24.00] |
Textual Amendments
F221Sum in Sch. 4 substituted (31.3.2016) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2016 (S.I. 2016/313), reg. 1(1), Sch. 3 para. 1 (with reg. 5)
F268Words in Sch. 4 para. 10 inserted (23.3.2015) by The Civil and Criminal Legal Aid (Remuneration) (Amendment) Regulations 2015 (S.I. 2015/325), regs. 1, 3(9)
F269Sch. 4 para. 10 table substituted (31.3.2016) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2016 (S.I. 2016/313), reg. 1(1), Sch. 3 para. 11 (with reg. 5)
11.—(1) The Fixed Fee for Advice and Assistance in F270...Sentence Cases, Disciplinary Cases and Parole Board Cases is [F271£200.75] and the Escape Fee Threshold is [F272£602.25].
(2) The fixed amounts and hourly rates for recording time and to determine whether the Escape Fee Threshold has been reached are specified in the table following this sub-paragraph.
All areas (£) | |
---|---|
Routine letters written and routine telephone calls per item | 3.38 |
Preparation hourly rate | 42.80 |
Travel and waiting hourly rate | 24.00] |
(3) The fixed amounts and hourly rates for Advocacy Assistance in Disciplinary Cases [F274and Sentence Cases], for recording time and to determine whether the Lower or Higher Standard Fee is claimable or whether the case is claimable on an non-Standard Fee basis, are specified in the tables following this sub-paragraph.
All areas (£) | |
---|---|
Routine letters written and routine telephone calls per item | 3.70 |
Preparation hourly rate | 51.24 |
Advocacy hourly rate | 62.28 |
Travel and waiting hourly rate | 24.00 |
Lower Standard Fee (£) | Lower Standard Fee Limit (£) | Higher Standard Fee (£) | Higher Standard Fee Limit (£) |
---|---|---|---|
203.93 | 357.06 | 564.16 | 1,691.69] |
(4) The fixed amounts and hourly rates for Advocacy Assistance in Parole Board Cases, for recording time and to determine whether the Lower or Higher Standard Fee is claimable or whether the case is claimable on an non-Standard Fee basis, are specified in the tables following this sub-paragraph.
All areas (£) | |
---|---|
Routine letters written and routine telephone calls per item | 3.70 |
Preparation hourly rate | 51.24 |
Advocacy hourly rate | 62.28 |
Travel and waiting hourly rate | 24.00 |
Lower Standard Fee (£) | Lower Standard Fee Limit (£) | Higher Standard Fee (£) | Higher Standard Fee Limit (£) |
---|---|---|---|
437.21 | 933.93 | 1,454.44 | 4,362.54] |
Textual Amendments
F270Words in Sch. 4 para. 11(1) omitted (2.12.2013) by virtue of The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2013 (S.I. 2013/2803), regs. 1, 3(6) (with reg. 5(1))
F271Sum in Sch. 4 para. 11(1) substituted (31.3.2016) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2016 (S.I. 2016/313), reg. 1(1), Sch. 3 para. 12(a)(i) (with reg. 5)
F272Sum in Sch. 4 para. 11(1) substituted (31.3.2016) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2016 (S.I. 2016/313), reg. 1(1), Sch. 3 para. 12(a)(ii) (with reg. 5)
F273Sch. 4 para. 11(2) table substituted (31.3.2016) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2016 (S.I. 2016/313), reg. 1(1), Sch. 3 para. 12(b) (with reg. 5)
F274Words in Sch. 4 para. 11(3) inserted (21.2.2018) by The Criminal Legal Aid (Amendment) Regulations 2017 (S.I. 2017/1319), regs. 1, 4(2) (with reg. 5)
F275Sch. 4 para. 11(3) tables substituted (31.3.2016) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2016 (S.I. 2016/313), reg. 1(1), Sch. 3 para. 12(c) (with reg. 5)
F276Words in Sch. 4 para. 11(3) table substituted (21.2.2018) by The Criminal Legal Aid (Amendment) Regulations 2017 (S.I. 2017/1319), regs. 1, 4(3) (with reg. 5)
F277Words in Sch. 4 para. 11(3) table substituted (21.2.2018) by The Criminal Legal Aid (Amendment) Regulations 2017 (S.I. 2017/1319), regs. 1, 4(4) (with reg. 5)
F278Sch. 4 para. 11(4) tables substituted (31.3.2016) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2016 (S.I. 2016/313), reg. 1(1), Sch. 3 para. 12(d) (with reg. 5)
12.—(1) This paragraph applies to the fees payable to Assigned Counsel for—
(a)representation in a magistrates' court;
(b)representation in the High Court[F279, the family court] or a county court in proceedings prescribed as criminal proceedings under section 14(h) of the Act; and
(c)representation in the High Court on an appeal by way of case stated.
(2) The fees payable to Assigned Counsel are subject to the limits specified in the table following this paragraph.
[F280Junior Counsel (£) | Queen’s Counsel (£) | |
---|---|---|
Basic fee for preparation, including for a pre-trial review and, where appropriate, the first day’s hearing including, where they took place on that day, short conferences, consultations, applications and appearances (including bail applications, views and any other preparation). | maximum amount: 427.00 | maximum amount: 4,056.00 |
Refresher daily fee (for any day or part of a day during which a hearing continued, including, where they took place on that day, short conferences, consultations, applications and appearances (including bail applications, views and any other preparation). | maximum amount: 147.00 | maximum amount: 271.01 |
Subsidiary fees: | ||
Attendance at consultations, conferences and views not covered by the basic fee or the refresher fee. | 26.69 per hour – minimum amount: 13.25 | 49.73 per hour – minimum amount 25.55 |
Written work (on evidence, plea, appeal, case stated or other written work). | maximum amount: 46.77 | maximum amount: 95.81 |
Attendance at pre-trial reviews, applications and other appearances (including bail applications and adjournments for sentence) not covered by the basic fee or the refresher fee. | maximum amount: 85.78 | maximum amount: 187.06] |
Textual Amendments
F279Words in Sch. 4 para. 12(1)(b) inserted (17.7.2015) by The Civil and Criminal Legal Aid (Amendment) Regulations 2015 (S.I. 2015/1416), regs. 1(2)(b), 5(3)(d)
F280Sch. 4 para. 12(2) table substituted (31.3.2016) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2016 (S.I. 2016/313), reg. 1(1), Sch. 3 para. 13 (with reg. 5)
Regulation 16
Textual Amendments
Expert | Non-London - hourly rate unless stated to be a fixed fee | London - hourly rate unless stated to be a fixed fee |
---|---|---|
A&E consultant | £100.80 | £108 |
Accident reconstruction | £72 | £54.40 |
Accountant | £64 | £64 |
Accountant (general staff) | £40 | £40 |
Accountant (manager) | £86.40 | £86.40 |
Accountant (partner) | £115.20 | £115.20 |
Anaesthetist | £108 | £72 |
Architect | £79.20 | £72 |
Back calculations | £144 fixed fee | £151.20 fixed fee |
Benefit expert | £72 | £72 |
Cardiologist | £115.20 | £72 |
Cell telephone site analysis | £72 | £72 |
Child psychiatrist | £108 | £72 |
Child psychologist | £100.80 | £72 |
Computer expert | £72 | £72 |
Consultant engineer | £72 | £54.40 |
Dentist | £93.60 | £72 |
Dermatologist | £86.40 | £72 |
Disability consultant | £54.40 | £54.40 |
DNA (testing of sample) | £252 per test | £252 per test |
DNA (preparation of report) | £72 | £72 |
Doctor (GP) | £79.20 | £72 |
Drug expert | £72 | £72 |
Employment consultant | £54.40 | £54.40 |
Enquiry agent | £25.60 | £18.40 |
ENT surgeon | £100.80 | £72 |
Facial Mapping | £108 | £72 |
Fingerprint expert | £72 | £37.60 |
Fire investigation | £72 | £54.40 |
Firearm expert | £72 | £72 |
Forensic scientist | £90.40 | £72 |
General surgeon | £108 | £72 |
Geneticist | £86.40 | £72 |
GP (records report) | £50.40 fixed fee | £72 fixed fee |
Gynaecologist | £108 | £72 |
Haematologist | £97.60 | £72 |
Handwriting expert | £72 | £72 |
Interpreter | £28 | £25 |
Lip reader/Signer | £57.60 | £32.80 |
Mediator | £100.80 | £100.80 |
Medical consultant | £108 | £72 |
Medical microbiologist | £108 | £72 |
Medical Report | £79.20 | £72 |
Meteorologist | £100.80 | £144 fixed fee |
Midwife | £72 | £72 |
Neonatologist | £108 | £72 |
Neurologist | £122.40 | £72 |
Neuropsychiatrist | £126.40 | £72 |
Neuroradiologist | £136.80 | £72 |
Neurosurgeon | £136.80 | £72 |
Nursing expert | £64.80 | £64.80 |
Obstetrician | £108 | £72 |
Occupational therapist | £54.40 | £54.40 |
Oncologist | £112 | £72 |
Orthopaedic surgeon | £115.20 | £72 |
Paediatrician | £108 | £72 |
Pathologist | £122.40 | £432 fixed fee |
Pharmacologist | £97.60 | £72 |
Photographer | £25.60 | £18.40 |
Physiotherapist | £64.80 | £64.80 |
Plastic surgeon | £108 | £72 |
Process server | £25.60 | £18.40 |
Psychiatrist | £108 | £72 |
Psychologist | £93.60 | £72 |
Radiologist | £108 | £72 |
Rheumatologist | £108 | £72 |
Risk assessment expert | £50.40 | £50.40 |
Speech therapist | £79.20 | £72 |
Surgeon | £108 | £72 |
Surveyor | £40 | £40 |
Telecoms expert | £72 | £72 |
Toxicologist | £108 | £72 |
Urologist | £108 | £72 |
Vet | £72 | £72 |
Voice recognition | £93.60 | £72] |
Regulation 12A
Textual Amendments
1.—(1) In this Schedule—
(a)a reference to a level is a reference to that level as defined in the Very High Cost Case contract;
(b)a reference to a category is a reference to that category as defined in that contract;
(c)the standard rates apply to work as described in the Very High Cost Case contract Guide; and
(d)the preliminary hearing, half day and full day rates apply as described in the Very High Cost Case contract Guide.
(2) In this Part—
(a)“Task List” has the meaning given in the Very High Cost Case contract;
(b)“parties” means the representative who has signed the Very High Cost Case contract and the Lord Chancellor.
(3) In Table 2, a junior may be either a barrister or a solicitor-advocate.
2.—(1) This paragraph makes provision in relation to the application of this Schedule to work done in a case which is the subject of a Very High Cost Case contract signed by the parties before 2nd December 2013.
(2) Part 2 of this Schedule applies to work done pursuant to any Task List agreed between the parties before 2nd December 2013.
(3) Subject to sub-paragraph (4), Part 3 of this Schedule applies to work done pursuant to any Task List agreed between the parties on or after 2nd December 2013.
(4) Part 2 of this Schedule applies to work done in a case in which—
(a)the court has set a trial date before 2nd December 2013; and
(b)that trial date is on or before 31st March 2014.
(5) For the purpose of sub-paragraph (4), any adjournment or postponement of a trial which takes place after the trial date is set must be disregarded.
3. Part 3 of this Schedule applies to work done in a case which is the subject of a Very High Cost Case contract signed by the parties on or after 2nd December 2013.
Category 1 (£) | Category 2 (£) | Category 3 (£) | Category 4 (£) | Standard Rates (£) | |
---|---|---|---|---|---|
Litigator | |||||
Level A | 145.00 | 113.00 | 91.00 | 91.00 | 55.75 |
Level B | 127.00 | 100.00 | 79.00 | 79.00 | 47.25 |
Level C | 84.00 | 65.00 | 51.00 | 51.00 | 34.00 |
Pupil/junior | 45.00 | 36.00 | 30.00 | 30.00 | |
Barrister | |||||
QC | 145.00 | 113.00 | 91.00 | 91.00 | |
Leading junior | 127.00 | 100.00 | 79.00 | 79.00 | |
Led junior | 91.00 | 73.00 | 61.00 | 61.00 | |
Junior alone | 100.00 | 82.00 | 70.00 | 70.00 | |
2nd Led junior | 63.00 | 50.00 | 43.00 | 43.00 | |
Solicitor Advocate | |||||
Leading level A | 145.00 | 113.00 | 91.00 | 91.00 | |
Led level A | 127.00 | 100.00 | 79.00 | 79.00 | |
Leading level B | 127.00 | 100.00 | 79.00 | 79.00 | |
Led level B | 104.00 | 86.00 | 66.00 | 66.00 | |
Level A alone | 131.00 | 109.00 | 88.00 | 88.00 | |
Level B alone | 113.00 | 95.00 | 75.00 | 75.00 | |
Second advocate | 63.00 | 50.00 | 43.00 | 43.00 |
Preliminary hearing (£) | Half day (£) | Full day (£) | |
---|---|---|---|
QC | 113.00 | 238.00 | 476.00 |
Leading junior | 86.00 | 195.00 | 390.00 |
Led junior | 58.00 | 126.00 | 252.00 |
Junior alone | 67.00 | 143.00 | 285.00 |
2nd Led junior | 34.00 | 64.00 | 128.00 |
Noting junior | 29.00 | 55.00 | 109.00 |
£ | |
Level A | 42.25 |
Level B | 34.00 |
Level C | 20.50 |
£ | |
---|---|
Travelling (hourly rates) | 25.00 (up to a maximum of 4 hours in one day) |
Waiting (hourly rates) | 25.00 |
Mileage | 00.45 per mile |
Category 1 (£) | Category 2 (£) | Category 3 (£) | Category 4 (£) | Standard Rates (£) | |
---|---|---|---|---|---|
Litigator | |||||
Level A | 101.50 | 79.10 | 63.70 | 63.70 | 39.03 |
Level B | 88.90 | 70.00 | 55.30 | 55.30 | 33.08 |
Level C | 58.80 | 45.50 | 35.70 | 35.70 | 24.50 |
Pupil/junior | 31.50 | 25.20 | 21.00 | 21.00 | |
Barrister | |||||
QC | 101.50 | 79.10 | 63.70 | 63.70 | |
Leading junior | 88.90 | 70.00 | 55.30 | 55.30 | |
Led junior | 63.70 | 51.10 | 42.70 | 42.70 | |
Junior alone | 70.00 | 57.40 | 49.00 | 49.00 | |
2nd Led junior | 44.10 | 35.00 | 30.10 | 30.10 | |
Solicitor Advocate | |||||
Leading level A | 101.50 | 79.10 | 63.70 | 63.70 | |
Led level A | 88.90 | 70.00 | 55.30 | 55.30 | |
Leading level B | 88.90 | 70.00 | 55.30 | 55.30 | |
Led level B | 72.80 | 60.20 | 46.20 | 46.20 | |
Level A alone | 91.70 | 76.30 | 61.60 | 61.60 | |
Level B alone | 79.10 | 66.50 | 52.50 | 52.50 | |
Second advocate | 44.10 | 35.00 | 30.10 | 30.10 |
Preliminary hearing (£) | Half day (£) | Full day (£) | |
---|---|---|---|
QC | 79.10 | 166.60 | 333.20 |
Leading junior | 60.20 | 136.50 | 273.00 |
Led junior | 40.60 | 88.20 | 176.40 |
Junior alone | 46.90 | 100.10 | 199.50 |
2nd Led junior | 23.80 | 44.80 | 89.60 |
Noting junior | 20.30 | 38.50 | 76.30 |
£ | |
Level A | 29.58 |
Level B | 23.80 |
Level C | 14.35 |
£ | |
---|---|
Travelling (hourly rates) | 25.00 (up to a maximum of 4 hours in one day) |
Waiting (hourly rates) | 25.00 |
Mileage | 00.45 per mile] |
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