# The Criminal Legal Aid (Remuneration) Regulations 2013

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Statutory Instruments

# 2013 No. 435

Legal Aid And Advice, England And Wales

# The Criminal Legal Aid (Remuneration) Regulations 2013

Made

26th February 2013

Laid before Parliament

28th February 2013

Coming into force

1st April 2013

The Lord Chancellor makes these Regulations F1 in exercise of the powers conferred by sections 2(3), 5(2) and (4), 30(2) and 41(1) to (3) of the Legal Aid, Sentencing and                           Punishment of Offenders Act 2012 F2.                        

F1Section 42(1) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10) provides that in Part 1 of that Act “regulations” means regulations made by the Lord Chancellor.

F22012 c. 10.

## Citation and commencementE+W

1.  These Regulations may be cited as the Criminal Legal Aid (Remuneration) Regulations 2013 and shall come into force on 1st                     April 2013.                  

## InterpretationE+W

2.—(1) In these Regulations—                  

“the Act” means the Legal Aid, Sentencing and Punishment of Offenders Act 2012;                  

“advocate” means a barrister, a solicitor advocate or a solicitor who is exercising their automatic rights of audience in the Crown                     Court;                  

“appropriate officer” means—                  

in the case of proceedings in the civil division of the Court of Appeal, the head of the civil appeals office;

in the case of proceedings in the criminal division of the Court of Appeal, the registrar of criminal appeals;

in the case of proceedings in the Crown Court, the Lord Chancellor;

in respect of advice or assistance as to an appeal from the Crown Court to the Court of Appeal (except in the case of an appeal                              under section 9(11) of the Criminal Justice Act 1987 F3 (preparatory hearings)) where, on the advice of any representative instructed, notice of appeal is given, or application                              for leave to appeal is made, whether or not such appeal is later abandoned, the registrar of criminal appeals;                           

in respect of advice or assistance as to an appeal to the Courts-Martial Appeal Court, the registrar of criminal appeals;

in respect of advice or assistance as to an appeal from the Court of Appeal to the Supreme Court, where the appeal is not                              lodged with the Supreme Court, the registrar of criminal appeals; and                           

in any other case, the Lord Chancellor,

and, in any case, includes an officer designated by the person who is the appropriate officer by virtue of paragraphs (a)                     to (g) to act on his behalf for the purposes of these Regulations;                  

“assisted person” means an individual in whose favour a section 16 determination has been made;                  

“fee earner” means a litigator, or person employed by a litigator, who undertakes work on a case;                  

“instructed advocate” means—                  

where the section 16 determination provides for representation by a single advocate, the first barrister or solicitor advocate                              instructed in the case, who has primary responsibility for the case; or                           

where the section 16 determination provides for representation by more than one advocate, each of—

the leading instructed advocate; and

the led instructed advocate;

“leading instructed advocate” means the first leading barrister or solicitor advocate instructed in the case who has primary responsibility for those                     aspects of a case undertaken by a leading advocate;                  

“led instructed advocate” means the first led barrister or solicitor advocate instructed in the case who has primary responsibility for those aspects                     of the case undertaken by a led advocate;                  

“litigator” means the person referred to in the representation order as representing an assisted person, being a solicitor, firm of                     solicitors or other appropriately qualified person.                  

[F4“main hearing” means—                  

in relation to a case which goes to trial, the trial;                           

in relation to a guilty plea (within the meaning of Schedule 1), 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 (within the meaning of Schedule 1), 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;]                            

“related proceedings” means—                  

two or more sets of proceedings involving the same defendant which are prepared, heard or dealt with together; or

proceedings involving more than one defendant which arise out of the same incident, so that the defendants are charged, tried                              or disposed of together;                           

“representation order” means a document which records a section 16 determination;                  

“representative” means a litigator or an advocate including, where appropriate, an instructed advocate [F5or trial advocate];                  

“section 16 determination” means a determination made under section 16 of the Act that an individual qualifies for representation for the purposes                     of criminal proceedings;                  

“senior solicitor” means a solicitor who, in the judgement of the appropriate officer, has the skill, knowledge and experience to deal with                     the most difficult and complex cases;                  

“solicitor advocate” means a solicitor who has obtained a higher courts advocacy qualification in accordance with regulations and rules of conduct                     of the Law Society;                  

“solicitor, legal executive or fee earner of equivalent experience” means a solicitor, Fellow of the Institute of Legal Executives or equivalent senior fee earner who, in the judgement of                     the appropriate officer, has good knowledge and experience of the conduct of criminal cases;                  

“trainee solicitor or fee earner of equivalent experience” means a trainee solicitor or other fee earner who is not a Fellow of the Institute of Legal Executives, who, in the judgement                     of the appropriate officer, carries out the routine work on a case;                  

[F4“trial advocate” means, unless otherwise provided, an advocate instructed pursuant to a section 16 determination to represent                        the assisted person at the main hearing in any case;]                   

“Very High Cost Case” means a case in which a section 16 determination has been made and which the Director classifies as a Very High Cost Case                     on the grounds that—                  

in relation to fees claimed by litigators—

if the case were to proceed to trial, the trial would in the opinion of the Director be likely to last for more than 40 days                                       and the Director considers that there are no exceptional circumstances which make it unsuitable to be dealt with under an                                       individual case contract for Very High Cost Cases made by the Lord Chancellor under section 2(1) of the Act; or                                    

if the case were to proceed to trial, the trial would in the opinion of the Director be likely to last no fewer than 25 and                                       no more than 40 days and the Director considers that there are circumstances which make it suitable to be dealt with under                                       an individual case contract for Very High Cost Cases made by the Lord Chancellor under section 2(1) of the Act;                                    

in relation to fees claimed by advocates, if the case were to proceed to trial, the trial would in the opinion of the Director                              be likely to last for more than 60 days and the Director considers that there are no exceptional circumstances which make                              it unsuitable to be dealt with under an individual case contract for Very High Cost Cases made by the Lord Chancellor under                              section 2(1) of the Act.                           

[F6“Very High Cost Case contract” means the 2013 VHCC contract between the Lord Chancellor and a representative for the provision                        of representation under section 16 of the Act (criminal legal aid).]                   

(2) The fees and rates set out in the Schedules to these Regulations are exclusive of value added tax.

(3) A function of the Lord Chancellor or Director under these Regulations may be exercised by, or by an employee of, a person                     authorised for that purpose by the Lord Chancellor or Director respectively F7.                  

F31987 c. 38.

F4Words in reg. 2(1) inserted (5.5.2015) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2015 (S.I. 2015/882), regs. 1, **2(2)(a)** (with reg. 3)

F5Words in reg. 2(1) inserted (5.5.2015) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2015 (S.I. 2015/882), regs. 1, **2(2)(b)** (with reg. 3)

F6Words in reg. 2(1) inserted (2.12.2013) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2013 (S.I. 2013/2803), regs. 1, **3(3)** (with reg. 4)

F7Section 6 of the Act (authorisations) makes provision for authorisations given for the purpose of section 5 of the Act (delegation)                              or regulations under that section.

## ScopeE+W

3.—(1) Regulations 5(2), 10 and 14(1) apply to proceedings in magistrates' courts and to proceedings in the Crown Court.                  

(2) Regulation 8 and Schedule 4 apply to proceedings in magistrates' courts,[F8to proceedings in the County Court,] to proceedings in the Crown Court and to proceedings in the High Court.                  

(3) Regulations 16 and 31 and Schedule 5 apply to proceedings in magistrates' courts,to proceedings in the Crown Court and to                     proceedings in the Court of Appeal.                  

(4) Regulations 4, 5(1) and (3) to (8), 13, 14(2) to (9), 15, 17 to 24 and 28 to 30 and Schedules 1 and 2 apply to proceedings                     in the Crown Court only.                  

(5) Regulations 9, 11 and 25 to 27, apply to proceedings in the Crown Court and to proceedings in the Court of Appeal.

(6) Regulation 6 and Schedule 3 apply to proceedings in the Court of Appeal only.

(7) Regulation 7 applies to proceedings in the Supreme Court only.

(8) With the exception of [F9regulations 12 and 12A,] paragraphs 13(8) and (9) of Schedule 2 [F10and Schedule 6], these Regulations do not apply to Very High Cost Cases.                  

(9) For the purpose of these Regulations, any reference to the Court of Appeal includes as appropriate a reference to—

(a)the criminal division of the Court of Appeal;                  

(b)the civil division of the Court of Appeal;                  

(c)the Courts-Martial Appeal Court; and                  

(d)a Divisional Court of the High Court.                  

F8Words in reg. 3(2) inserted (23.3.2015) by The Civil and Criminal Legal Aid (Remuneration) (Amendment) Regulations 2015 (S.I. 2015/325), regs. 1, **3(2)**

F9Words in reg. 3(8) substituted (2.12.2013) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2013 (S.I. 2013/2803), regs. 1, **3(4)(a)** (with reg. 4)

F10Words in reg. 3(8) inserted (2.12.2013) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2013 (S.I. 2013/2803), regs. 1, **3(4)(b)** (with reg. 4)

## Claims for fees by advocates – Crown CourtE+W

4.—(1) Claims for fees by [F11a trial] advocate in proceedings in the Crown Court must be made and determined in accordance with the provisions of Schedule 1 to                     these Regulations.                  

(2) A claim for fees under this regulation and Schedule 1 must be made by each [F12trial] advocate.                  

(3) Subject to regulation 31, a claim by [F13a trial] advocate for fees in respect of work done pursuant to a section 16 determination must not be entertained unless [F14the trial] advocate submits it within three months of the conclusion of the proceedings to which it relates.                  

(4) [F15A trial] advocate must submit a claim for fees to the appropriate officer in such form and manner as the appropriate officer may direct.                  

(5) [F15A trial] advocate must supply such further information and documents as the appropriate officer may require.                  

(6) Where a confiscation hearing under Part 2 of the Proceeds of Crime Act 2002 F16 (confiscation: England and Wales), section 2 of the Drug Trafficking Act 1994 F17 (confiscation orders) or section 71 of the Criminal Justice Act 1988 F18 (confiscation orders) is to be held more than 28 days after—                  

(a)the conclusion of the trial to which the section 16 determination relates; or                  

(b)the entering of a guilty plea,                  

[F19a trial] advocate may submit any claim for fees in respect of the trial or guilty plea as soon as the trial has concluded or the guilty                     plea has been entered.                  

(7) Where the section 16 determination provides for representation by—

(a)a single advocate other than a QC; or                  

(b)two or more 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 these                     Regulations as having been instructed in relation to that determination, and the remuneration of that QC must be determined                     as if the advocate were not a QC.                  

[F20(8)In this regulation, 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.]                  

F11Words in reg. 4(1) substituted (5.5.2015) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2015 (S.I. 2015/882), regs. 1, **2(3)(a)** (with reg. 3)

F12Word in reg. 4(2) substituted (5.5.2015) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2015 (S.I. 2015/882), regs. 1, **2(5)(a)** (with reg. 3)

F13Words in reg. 4(3) substituted (5.5.2015) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2015 (S.I. 2015/882), regs. 1, **2(3)(a)** (with reg. 3)

F14Words in reg. 4(3) substituted (5.5.2015) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2015 (S.I. 2015/882), regs. 1, **2(6)(a)** (with reg. 3)

F15Words in reg. 4(4)(5) substituted (5.5.2015) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2015 (S.I. 2015/882), regs. 1, **2(4)(a)** (with reg. 3)

F162002 c. 29.

F171994 c. 37. Section 2 was repealed by sections 456 and 457 of, and Schedules 11 and 12 to, the Proceeds of Crime Act 2002, subject to                              certain savings set out in S.I. 2003/333.

F181998 c. 33. Section 71 was repealed by sections 456 and 457 of, and Schedules 11 and 12 to, the Proceeds of Crime Act 2002, subject                              to certain savings set out in S.I. 2003/333.

F19Words in reg. 4(6) substituted (5.5.2015) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2015 (S.I. 2015/882), regs. 1, **2(3)(a)** (with reg. 3)

F20Reg. 4(8) inserted (5.5.2015) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2015 (S.I. 2015/882), regs. 1, **2(7)** (with reg. 3)

## Claims for fees and disbursements by litigators – Crown CourtE+W

5.—(1) Claims for fees by litigators in proceedings in the Crown Court must be made and determined in accordance with the provisions                     of Schedule 2 to these Regulations.                  

(2) Claims for disbursements by litigators in proceedings in the Crown Court or in proceedings in a magistrates' court which are                     subsequently committed or sent for trial to the Crown Court must be made and determined in accordance with the provisions                     of regulations 14 to 17.                  

(3) Subject to regulation 31, a claim by a litigator for fees in respect of work done pursuant to a section 16 determination must                     not be entertained unless the litigator submits it within three months of the conclusion of the proceedings to which it relates.                  

(4) Subject to paragraph (5), a claim by a litigator for fees in proceedings in the Crown Court 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.                  

(5) A claim under paragraph 20 or 26 of Schedule 2 to these Regulations 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 26(2) of Schedule 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;                  

(c)specify, where appropriate, the level of fee earner who undertook each of the items of work claimed; and                  

(d)give particulars of any work done in relation to more than one indictment or a retrial.                  

(6) Where the litigator claims that paragraph 29 of Schedule 2 applies in relation to an item of work, the litigator must give                     full particulars in support of the claim.                  

(7) The litigator must specify any special circumstances which the litigator considers should be drawn to the attention of the                     appropriate officer.                  

(8) The litigator must supply such further information and documents as the appropriate officer may require.

## Proceedings in the Court of AppealE+W

6.  Claims for fees by representatives in proceedings in the Court of Appeal must be made and determined in accordance with the                     provisions of Schedule 3 to these Regulations.                  

## Proceedings in the Supreme CourtE+W

7.—(1) In proceedings in the Supreme Court, the fees payable to a representative in respect of advice and assistance or representation                     made available to an individual in accordance with sections 15 or 16 of the Act must be determined by such officer as may                     be prescribed by order of the Supreme Court.                  

(2) Subject to paragraph (1), these Regulations do not apply to proceedings in the Supreme Court.

## Claims for fees for certain categories of work to which the Standard Crime Contract appliesE+W

8.—(1) This regulation applies to—                  

(a)advice and assistance provided pursuant to a determination made under section 13 or section 15 of the Act;                  

(b)representation in proceedings in a magistrates' court pursuant to a section 16 determination;                  

(c)representation pursuant to a section 16 determination in proceedings prescribed as criminal proceedings under section 14(h)                        of the Act; and                  

(d)representation in appeals by way of case stated to the High Court.                  

(2) Claims for fees in cases to which this regulation applies must—

(a)be made and determined in accordance with the 2010 Standard Crime Contract; and                  

(b)be paid in accordance with the rates set out in Schedule 4.                  

(3) In this regulation and in Schedule 4, “2010 Standard Crime Contract” means the contract so named between the Lord Chancellor and a person with whom the Lord Chancellor has made an arrangement                     under section 2(1) of the Act for the provision of advice, assistance and representation made available under sections 13,                     15 and 16 of the Act F21.                  

F21A copy of the 2010 Standard Crime Contract is available at www.justice.gov.uk/legal-aid. Copies can be inspected at the Legal                              Aid Agency (Head Office), 102 Petty France, London, SW1H 9AJ.

## Payments from other sourcesE+W

9.  Where representation is provided in respect of any proceedings, the representative, whether acting pursuant to a section 16                     determination or otherwise, must not receive or be a party to the making of any payment for work done in connection with those                     proceedings, except such payments as may be made—                  

(a)by the Lord Chancellor; or                  

(b)in respect of any expenses or fees incurred in—                  

(i)preparing, obtaining or considering any report, opinion or further evidence, whether provided by an expert witness or otherwise;                        or                  

(ii)obtaining any transcripts or recordings,                  

where an application under regulation 13 for an authority to incur such fees or expenses has been refused by a committee appointed                     under arrangements made by the Lord Chancellor to deal with, amongst other things, appeals of, or review of, assessment of                     costs.                  

## Cases committed or sent for trial to the Crown CourtE+W

10.—(1) Where a case is committed or sent for trial or transferred to the Crown Court, the payment in relation to work carried out                     in the magistrates' court is included within the applicable fee payable under Schedule 1 or Schedule 2.                  

(2) Paragraph (1) does not apply where the case is remitted to a magistrates' court.

## Proceedings for contemptE+W

11.  Where representation is provided in proceedings referred to in section 14(g) of the Act (proceedings for contempt in the face                     of a court), the Lord Chancellor may only pay remuneration for services in accordance with Schedules 1, 2 and 3.                  

## Notification of Very High Cost CasesE+W

12.—(1) A litigator who has conduct of a case which is, or is likely to be classified as, a Very High Cost Case, must notify the Lord                     Chancellor in writing as soon as practicable.                  

(2) Where a litigator fails to comply with this regulation without good reason, and as a result there is a loss to public funds,                     the Lord Chancellor may refuse payment of the litigator's costs up to the extent of such loss.                  

(3) The Lord Chancellor must not refuse payment under paragraph (2) unless the litigator has been given a reasonable opportunity                     to show why the payment should not be refused.                  

## [F22Fees in Very High Cost CasesE+W

12A.Where services consisting of representation made available under section 16 of the Act (criminal legal aid) are provided in a case which is the subject of a Very High Cost Case contract, fees for that case must                        be paid—                  

(a)in accordance with the terms of that contract; and                  

(b)at the rates set out for the appropriate category and level of representative set out in Schedule 6 to these Regulations.]                  

F22Reg. 12A inserted (2.12.2013) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2013 (S.I. 2013/2803), regs. 1, **3(5)** (with reg. 4)

## Authorisation of expenditureE+W

13.—(1) Where it appears to a litigator necessary for the proper conduct of proceedings in the Crown Court for costs to be incurred                     in relation to representation by taking any of the following steps—                  

(a)obtaining a written report or opinion of one or more experts;                  

(b)employing a person to provide a written report or opinion (otherwise than as an expert);                  

(c)obtaining any transcripts or recordings; or                  

(d)performing an act which is either unusual in its nature or involves unusually large expenditure,                  

the litigator may apply to the Lord Chancellor for prior authority to do so.

(2) Where the Lord Chancellor authorises the taking of any step referred to in paragraph (1), the Lord Chancellor shall also authorise                     the maximum to be paid in respect of that step.                  

(3) A representative assigned to an assisted person in any proceedings in the Crown Court may apply to the Lord Chancellor for                     prior authority for the incurring of travelling and accommodation expenses in order to attend at the F23... main hearing in those proceedings.                  

F23Words in reg. 13(3) omitted (5.5.2015) by virtue of The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2015 (S.I. 2015/882), regs. 1, **2(8)** (with reg. 3)

## Interim payment of disbursementsE+W

14.—(1) A litigator may submit a claim to the appropriate officer for payment of a disbursement for which the litigator has incurred                     liability in proceedings in the Crown Court, or in proceedings in a magistrates' court which are subsequently committed or                     sent for trial or transferred to the Crown Court, in accordance with the provisions of this regulation.                  

(2) A claim for payment under paragraph (1) may be made where—

(a)a litigator has obtained prior authority to incur expenditure of £100 or more under regulation 13; and                  

(b)the litigator has incurred such a liability.                  

(3) Without prejudice to regulation 17(4) and (5) a claim for payment under paragraph (1) must not exceed the maximum amount authorised                     under the prior authority.                  

(4) A claim for payment under paragraph (1) may be made at any time before the litigator submits a claim for fees under regulation                     5.                  

(5) A claim for payment under paragraph (1) must be submitted to the appropriate officer in such form and manner as the appropriate                     officer may direct and must be accompanied by the authority to incur expenditure and any invoices or other documents in support                     of the claim.                  

(6) Subject to regulation 16, the appropriate officer must allow the disbursement subject to the limit in paragraph (3) if it                     appears to have been reasonably incurred in accordance with the prior authority.                  

(7) The appropriate officer must notify the litigator and, where the disbursement claimed includes the fees or charges of any                     person, may notify that person of the appropriate officer's decision.                  

(8) Where the appropriate officer allows the disbursement, the appropriate officer must notify the litigator and, where the disbursement                     includes the fees or charges of any person, may notify that person, of the amount payable, and must authorise payment to the                     litigator accordingly.                  

(9) Regulations 28 to 30 do not apply to a payment under this regulation.

## Interim disbursements and final determination of feesE+W

15.—(1) On a final determination of fees, regulations 5(2) and 17 apply notwithstanding that a payment has been made under regulation                     14.                  

(2) Where the amount found to be due under regulation 17 in respect of a disbursement is less than the amount paid under regulation                     14 (“the interim payment”), the appropriate officer must deduct the difference from the sum otherwise payable to the litigator                     on the determination of fees, and where the amount due under regulation 17 exceeds the interim payment, the appropriate officer                     must add the difference to the amount otherwise payable to the litigator.                  

## Expert servicesE+W

16.—(1) Subject to paragraph (2), the Lord Chancellor may provide for the payment of expert services only at the fixed fees or at                     rates not exceeding the rates set out in Schedule 5.                  

(2) The appropriate officer may, in relation to a specific claim, increase the fixed fees or rates set out in Schedule 5 if that                     officer considers it reasonable to do so in exceptional circumstances.                  

(3) For the purposes of paragraph (2), exceptional circumstances are where the expert's evidence is key to the client's case and                     either—                  

(a)the complexity of the material is such that an expert with a high level of seniority is required; or                  

(b)the material is of such a specialised and unusual nature that only very few experts are available to provide the necessary                        evidence.                  

## Determination of litigators' disbursementsE+W

17.—(1) Subject to paragraphs (2) to (5), the appropriate officer must allow such disbursements claimed under regulation 5(2) as appear                     to the appropriate officer to have been reasonably incurred.                  

(2) If the disbursements claimed 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.                  

(3) No question as to the propriety of any step or act in relation to which prior authority has been obtained under regulation                     13 may be raised on any determination of disbursements, unless the litigator knew or ought reasonably to have known that the                     purpose for which the authority was given had failed or had become irrelevant or unnecessary before the disbursements were                     incurred.                  

(4) Where disbursements are reasonably incurred in accordance with and subject to the limit imposed by a prior authority given                     under regulation 13, no question may be raised on any determination of fees as to the amount of the payment to be allowed                     for the step or act in relation to which the authority was given.                  

(5) Where disbursements are incurred in taking any steps or doing any act for which authority may be given under regulation 13,                     without such authority having been given or in excess of any fee so authorised, payment in respect of those disbursements                     may nevertheless be allowed on a determination of disbursements payable under regulation 5.                  

(6) Paragraph (7) applies where the Lord Chancellor receives a request for funding of an expert service of a type not listed in                     Schedule 5.                  

(7) In considering the rate at which to fund the expert service the Lord Chancellor—

(a)must have regard to the rates set out in Schedule 5; and                  

(b)may require more than one quotation for provision of the service to be submitted to the Lord Chancellor.                  

## [F24Interim payment of litigators’ feesE+W

17A.—(1)A litigator may make a claim to the appropriate officer for an interim payment of the litigator’s fees, in relation to proceedings                        in the Crown Court, in accordance with this regulation.                  

(2)Subject to paragraphs (3) to (6), a litigator may make a claim for an interim payment under this regulation in relation to                        one or more of the following stages in the proceedings—                  

(a)after a plea and case management hearing at which directions for trial are given;                  

(b)where representation is transferred to the litigator following the ordering of a retrial, after the date for the retrial has                           been set; and                  

(c)after commencement of a trial which is listed for 10 days or more.                  

(3)A litigator may not make a claim for an interim payment under paragraph (2)(a) or (b) in relation to a case committed or 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.                  

(4)Subject to paragraphs (5) and (6), a litigator may make only one claim in relation to each of the stages in the proceedings                        set out in paragraph (2).                  

(5)A litigator may not make a claim for an interim payment under paragraph (2)(a) or (b) at the same time as, or after, that                        litigator has made a claim for an interim payment under paragraph (2)(c).                  

(6)A litigator may not make a claim for an interim payment under paragraph (2)(c) if the trial in question is a retrial and the                        litigator was the litigator for the first or a previous trial.                  

(7)A litigator may not make a claim for an interim payment at the same time as, or after, that litigator has made a claim under                        regulation 5.                  

(8)A litigator must make a claim for an interim payment to the appropriate officer in such form and manner as the appropriate                        officer may direct.                  

(9)A litigator must supply such information and documents as the appropriate officer may require to determine the claim for interim                        payment.                  

(10)Where a claim for an interim payment is made in accordance with this regulation, the appropriate officer must authorise payment.                  

(11)Where the claim is made under paragraph (2)(a) the amount of the interim payment is the sum of—                  

(a)the fee which, on a final determination of fees, would be paid to the litigator if paragraph 13 of Schedule 2 and the scenario                           “Before trial transfer (original litigator)” set out in the table following that paragraph applied; and                  

(b)any additional payments which, on a final determination of fees, would be paid to the litigator under paragraph 12 of Schedule                           2.                  

(12)Where the claim is made under paragraph (2)(b), the amount of the interim payment is the sum of—                  

(a)the fee which, on a final determination of fees, would be paid to the litigator under paragraph 13 of Schedule 2 and the scenario                           “Transfer before cracked retrial (new litigator)” set out in the table following that paragraph; and                  

(b)any additional payments which, on a final determination of fees, would be paid to the litigator under paragraph 12 of Schedule                           2.                  

(13)Where the claim is made under paragraph (2)(c), the amount of the interim payment is—                  

(a)the sum of—                  

(i)the fee determined in accordance with paragraph (14) on the basis that the trial length is one day; and                  

(ii)any additional payments which, on a final determination of fees, must be paid to the litigator under paragraph 12 of Schedule                           2;                  

(b)less any amount paid to the litigator, in the proceedings in question, for a claim under paragraph (2)(a) or (b).                  

(14)The fee referred to in paragraph (13)(a)(i) is—                  

(a)where 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) of Schedule 2, the basic fee specified in the table following paragraph 7(2) of that Schedule;                  

(b)where the pages of prosecution evidence exceeds the PPE Cut-off specified in the table following paragraph 5(2) of Schedule                           2, the final fee as calculated in accordance with paragraph 9(2) of that Schedule.                  

(15)For purposes of paragraphs (11) to (14)—                  

(a)the number of defendants;                  

(b)the number of pages of prosecution evidence served on the court; and                  

(c)the offence with which the assisted person is charged                  

are determined as at the date of the claim for the interim payment.                  

(16)Where a litigator has received a hardship payment under regulation 21, the amount of that hardship payment must be deducted                        from any interim payment payable to that litigator under this regulation.                  

(17)Where a litigator has already received one or more interim payments under this regulation, the amount to be deducted under                        paragraph (16) excludes any hardship payment already deducted from any earlier interim payment.                  

(18)Regulations 28 to 30 do not apply to a payment under this regulation.                  

(19)In this regulation, “PPE Cutoff” has the meaning given in Schedule 2.]                  

F24Reg. 17A inserted (2.10.2014) by The Criminal Legal Aid (Remuneration) (Amendment) (No.2) Regulations 2014 (S.I. 2014/2422), reg. 1(1), **Sch.** (with reg. 3)

## Interim payments in cases awaiting determination of feesE+W

18.—(1) The appropriate officer must authorise an interim payment in respect of a claim for fees in proceedings in the Crown Court                     in accordance with this regulation.                  

(2) Entitlement to a payment arises in respect of a claim for fees by [F25a trial] advocate, where—                  

(a)the graduated fee claimed in accordance with Schedule 1 is £4,000 or more (exclusive of value added tax); and                  

(b)the claim for fees is for less than the amount mentioned in sub-paragraph (a) but is related to any claim for fees falling                        under sub-paragraph (a).                  

(3) For the purposes of this regulation, the following claims for fees are related to each other—

(a)the claims of [F26trial] advocates acting in the same proceedings for a defendant; and                  

(b)the claims of any [F26trial] advocate acting for any assisted person in related proceedings.                  

(4) Entitlement to a payment under paragraph (1) does not arise until three months have elapsed from the earlier of—

(a)the date on which the claim for fees is received by the appropriate officer for determination, except that where there are                        related claims for fees, the date on which the last claim is received by the appropriate officer; or                  

(b)three months after the conclusion of the last of any related proceedings.                  

(5) [F27A trial] advocate may submit a claim for an interim payment under this regulation where—                  

(a)no payment has been made under paragraph (1); and                  

(b)six months have elapsed from the conclusion of the proceedings against the assisted person.                  

(6) Subject to regulation 31, payment must not be made under this regulation unless the [F28trial] advocate has submitted a claim for fees in accordance with regulation 4(3).                  

[F29(7)In this regulation, 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.]                  

F25Words in reg. 18(2) substituted (5.5.2015) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2015 (S.I. 2015/882), regs. 1, **2(3)(b)** (with reg. 3)

F26Word in reg. 18(3) substituted (5.5.2015) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2015 (S.I. 2015/882), regs. 1, **2(5)(b)** (with reg. 3)

F27Words in reg. 18(5) substituted (5.5.2015) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2015 (S.I. 2015/882), regs. 1, **2(4)(b)** (with reg. 3)

F28Word in reg. 18(6) substituted (5.5.2015) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2015 (S.I. 2015/882), regs. 1, **2(5)(b)** (with reg. 3)

F29Reg. 18(7) inserted (5.5.2015) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2015 (S.I. 2015/882), regs. 1, **2(9)** (with reg. 3)

## Amount of interim payments in cases awaiting determination of feesE+W

19.—(1) Where entitlement to an interim payment arises under regulation 18, the amount payable is 40% of the total claim for fees,                     less any sum already paid.                  

(2) Regulations 28 to 30 do not apply to an interim payment under this regulation.

## Staged payments in long Crown Court proceedingsE+W

20.—(1) An instructed advocate may submit a claim to the appropriate officer for a staged payment of the instructed advocate's fees                     in relation to proceedings in the Crown Court.                  

(2) Where a claim is submitted in accordance with this regulation, a staged payment must be allowed where the appropriate officer                     is satisfied—                  

(a)that the claim relates to fees for a period of preparation of 100 hours or more, for which the instructed advocate will, subject                        to final determination of the fees payable, be entitled to be paid in accordance with Schedule 1; and                  

(b)that the period from committal, or sending for trial or transfer (or from the date of the section 16 determination, if later)                        to the conclusion of the Crown Court proceedings is likely to exceed 12 months, having regard, amongst other matters, to the                        number of defendants, the anticipated pleas and the weight and complexity of the case.                  

(3) In this regulation, “preparation” means—                  

(a)reading the papers in the case;                  

(b)contact with prosecutors;                  

(c)written or oral advice on plea;                  

(d)researching the law, preparation for examination of witnesses and preparation of oral submissions;                  

(e)viewing exhibits or undisclosed material at police stations;                  

(f)written advice on evidence;                  

(g)preparation of written submissions, notices or other documents for use at the trial;                  

(h)attendance at views at the scene of the alleged offence,                  

and is limited to preparation done before the trial, except in proceedings in which a preparatory hearing has been ordered                     under section 8 of the Criminal Justice Act 1987 (commencement of trial and arraignment), in which case it is limited to preparation                     done before the date on which the jury is sworn (or on which it became certain, by reason of pleas of guilty or otherwise,                     that the matter would not proceed to trial).                  

(4) The amount allowed for preparation falling within paragraph (3) must be determined by reference to the number of hours of                     preparation which it appears to the appropriate officer, without prejudice to the final determination of the fees payable,                     has been reasonably done, multiplied by the hourly rate for special preparation as set out in the table following paragraph                     24 of Schedule 1, as appropriate to the category of advocate.                  

(5) A claim for staged payment of fees under this regulation must be made to the appropriate officer in such form and manner as                     the appropriate officer may direct, including such case plan as the appropriate officer may require for the purposes of paragraph                     (2)(a).                  

(6) An instructed advocate may claim further staged payments in accordance with this regulation in respect of further periods                     of preparation exceeding 100 hours which were not included in an earlier claim.                  

(7) Regulations 28 to 30 do not apply to a payment under this regulation.

## Hardship paymentsE+W

21.—(1) Subject to paragraphs (5) and (6), the appropriate officer may allow a hardship payment to a representative in the circumstances                     set out in paragraph (2).                  

(2) Those circumstances are that the representative—

(a)represents the assisted person in proceedings in the Crown Court;                  

(b)applies for such payment, in such form and manner as the appropriate officer may direct, not less than six months after the                        representative was first instructed in those proceedings, or in related proceedings if the representative was instructed in                        those proceedings earlier than in the proceedings to which the application relates;                  

(c)is unlikely to receive final payment in respect of the proceedings, as determined under Schedule 1 or 2, within the three                        months following the application for the hardship payment; and                  

(d)satisfies the appropriate officer that, by reason of the circumstance in sub-paragraph (c), the representative is likely to                        suffer financial hardship.                  

(3) Every application for a hardship payment by an advocate must be accompanied by such information and documents as the appropriate                     officer may require as evidence of—                  

(a)the work done by the advocate in relation to the proceedings up to the date of the application; and                  

(b)the likelihood of financial hardship.                  

(4) Every application for a hardship payment by a litigator must be accompanied by such information and documents as the appropriate                     officer may require as evidence of—                  

(a)the Class of Offence with which the assisted person is charged, in accordance with Part 7 of Schedule 1;                  

(b)the length of trial, where appropriate;                  

(c)the number of pages of prosecution evidence, determined in accordance with paragraph 1(2) of Schedule 2;                  

(d)the total number of defendants in the proceedings who are represented by the litigator;                  

(e)the likelihood of financial hardship.                  

(5) The amount of any hardship payment is at the discretion of the appropriate officer, but must not exceed such sum as would                     be reasonable remuneration for the work done by the representative in the proceedings up to the date of the application.                  

(6) A hardship payment must not be made if it appears to the appropriate officer that the sum which would be reasonable remuneration                     for the representative, or the sum required to relieve the representative's financial hardship, is less than £5,000 (excluding                     value added tax).                  

(7) [F30Subject to paragraphs (9) and (10)] where the appropriate officer allows a hardship payment under paragraph (1), the appropriate officer must authorise payment                     accordingly.                  

(8) Where the application for a hardship payment is made by an advocate other than [F31a trial] advocate, and the appropriate officer allows a hardship payment under paragraph (1)—                  

[F32(a)payment must be made to the—                  

(i)appropriate trial advocate who attends the first day of trial, where the trial has commenced;                  

(ii)appropriate trial advocate, where a trial has not commenced, or                  

(iii)appropriate instructed advocate, where there is no trial advocate, and]                  

(b)the appropriate officer must notify the advocate who made the application that payment has been made to the [F33appropriate trial advocate or the appropriate] instructed advocate.                  

[F34(9)Where a litigator has received an interim payment under regulation 17A, the amount of that interim payment must be deducted                        from any hardship payment payable to that litigator under this regulation.                  

(10)Where a litigator has already received one or more hardship payments under this regulation, the amount deducted under paragraph                        (9) excludes any interim payment already deducted from any earlier hardship payment.]                  

[F35(11)In paragraph (8)—                  

“appropriate instructed advocate” means—                  

where the section 16 determination provides for representation by a single advocate, the instructed advocate, or                           

where the section 16 determination provides for representation by more than one advocate, the leading instructed advocate                                 or the led instructed advocate, as appropriate, and                           

“appropriate trial advocate” means—                  

where the section 16 determination provides for representation by a single advocate, the trial advocate, or                           

where the section 16 determination provides for representation by more than one advocate, the leading trial advocate or the                                 led trial advocate, as appropriate.]                           

F30Words in reg. 21(7) inserted (2.10.2014) by The Criminal Legal Aid (Remuneration) (Amendment) (No.2) Regulations 2014 (S.I. 2014/2422), regs. 1(1), **2(4)(a)** (with reg. 3)

F31Words in reg. 21(8) substituted (5.5.2015) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2015 (S.I. 2015/882), regs. 1, **2(3)(c)** (with reg. 3)

F32Reg. 21(8)(a) substituted (5.5.2015) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2015 (S.I. 2015/882), regs. 1, **2(10)(a)** (with reg. 3)

F33Words in reg. 21(8)(b) inserted (5.5.2015) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2015 (S.I. 2015/882), regs. 1, **2(10)(b)** (with reg. 3)

F34Reg. 21(9)(10) inserted (2.10.2014) by The Criminal Legal Aid (Remuneration) (Amendment) (No.2) Regulations 2014 (S.I. 2014/2422), regs. 1(1), **2(4)(b)** (with reg. 3)

F35Reg. 21(11) inserted (5.5.2015) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2015 (S.I. 2015/882), regs. 1, **2(10)(c)** (with reg. 3)

## Computation of final claim where an interim payment has been madeE+W

22.—(1) At the conclusion of a case in which one or more payments have been made to an instructed advocate [F36, a trial advocate] or a litigator under regulations [F3717A to 21], [F38the trial] advocate or litigator must submit a claim under regulation 4 or 5 for the determination of the overall remuneration, whether                     or not such a claim will result in any payment additional to those already made.                  

(2) In the determination of the amount payable to [F39a trial] advocate or litigator under regulation 4 or 5—                  

(a)the appropriate officer must deduct the amount of any payment made under regulations [F3717A to 21] in respect of the same case from the amount that would otherwise be payable; and                  

(b)if the amount of the interim payment is greater than the amount that would otherwise be payable, the appropriate officer may                        recover the amount of the difference, either by way of repayment by [F40the trial] advocate or litigator or by way of deduction from any other amount that may be due to [F40the trial] advocate or litigator.                  

[F41(3)In this regulation, 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.]                  

F36Words in reg. 22(1) inserted (5.5.2015) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2015 (S.I. 2015/882), regs. 1, **2(11)(a)** (with reg. 3)

F37Words in reg. 22 substituted (2.10.2014) by The Criminal Legal Aid (Remuneration) (Amendment) (No.2) Regulations 2014 (S.I. 2014/2422), regs. 1(1), **2(5)** (with reg. 3)

F38Words in reg. 22(1) substituted (5.5.2015) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2015 (S.I. 2015/882), regs. 1, **2(6)(b)** (with reg. 3)

F39Words in reg. 22(2) substituted (5.5.2015) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2015 (S.I. 2015/882), regs. 1, **2(3)(d)** (with reg. 3)

F40Words in reg. 22(2)(b) substituted (5.5.2015) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2015 (S.I. 2015/882), regs. 1, **2(6)(b)** (with reg. 3)

F41Reg. 22(3) inserted (5.5.2015) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2015 (S.I. 2015/882), regs. 1, **2(11)(b)** (with reg. 3)

## Payment of fees to advocates – Crown CourtE+W

23.—(1) Having determined the fees payable to each [F42trial] advocate, in accordance with Schedule 1, the appropriate officer must notify each [F42trial] advocate of the fees payable and authorise payment accordingly.                  

(2) Where, as a result of any redetermination or appeal made or brought pursuant to regulations 28 to 30, the fees payable under                     paragraph (1) are altered—                  

(a)if they are increased, the appropriate officer must authorise payment of the increase; or                  

(b)if they are decreased, [F43the trial] advocate must repay the amount of such decrease.                  

(3) Where the payment of any fees of [F44a trial] advocate is ordered under regulation 29(12) or regulation 30(8), the appropriate officer must authorise payment.                  

[F45(4)In this regulation, 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.]                  

F42Word in reg. 23(1) substituted (5.5.2015) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2015 (S.I. 2015/882), regs. 1, **2(5)(c)** (with reg. 3)

F43Words in reg. 23(2)(b) substituted (5.5.2015) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2015 (S.I. 2015/882), regs. 1, **2(6)(c)** (with reg. 3)

F44Words in reg. 23(3) substituted (5.5.2015) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2015 (S.I. 2015/882), regs. 1, **2(3)(e)** (with reg. 3)

F45Reg. 23(4) inserted (5.5.2015) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2015 (S.I. 2015/882), regs. 1, **2(12)** (with reg. 3)

## Payment of fees to litigators – Crown CourtE+W

24.—(1) Having determined the fees payable to a litigator in accordance with Schedule 2, the appropriate officer must authorise payment                     accordingly.                  

(2) Where the appropriate officer determines that the fees payable under paragraph (1) are greater than or less than the amount                     claimed by the litigator under regulation 5(1), the appropriate officer must notify the litigator of the amount the appropriate                     officer has determined to be payable.                  

(3) Where, as a result of any redetermination or appeal made or brought pursuant to regulations 28 to 30, the fees payable under                     paragraph (1) are altered—                  

(a)if they are increased, the appropriate officer must authorise payment of the increase; or                  

(b)if they are decreased, the litigator must repay the amount of such decrease.                  

(4) Where the payment of any fees of the litigator is ordered under regulation 29(12) or regulation 30(8), the appropriate officer                     must authorise payment.                  

## Recovery of overpaymentsE+W

25.—(1) This regulation applies where a representative is entitled to be paid a certain sum (“the amount due”) by virtue of the provisions of Schedule 1, 2 or 3 and, for whatever reason, the representative is paid an amount greater                     than that sum.                  

(2) Where this regulation applies, the appropriate officer may—

(a)require immediate repayment of the amount in excess of the amount due (“the excess amount”); or                  

(b)deduct the excess amount from any other sum which is or becomes payable to the representative by virtue of the provisions                        of Schedule 1, 2 or 3,                  

and where sub-paragraph (a) applies the representative must repay the excess amount to the appropriate officer.

(3) The appropriate officer may proceed under paragraph (2)(b) without first proceeding under paragraph (2)(a).

(4) Paragraph (2) applies notwithstanding that the representative to whom the excess amount was paid is exercising, or may exercise,                     a right under regulations 28 to 30.                  

[F46(5)In this regulation, where the main hearing is a trial, “trial advocate” means, for the purposes of the meaning of “representative”,                        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.]                  

F46Reg. 25(5) inserted (5.5.2015) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2015 (S.I. 2015/882), regs. 1, **2(13)** (with reg. 3)

## Adverse observationsE+W

26.—(1) Where in any proceedings to which Schedule 1, 2 or 3 applies, the court makes adverse observations concerning a representative's                     conduct of the proceedings, the appropriate officer may reduce any fee which would otherwise be payable in accordance with                     Schedule 1, 2 or 3 by such proportion as the appropriate officer considers reasonable.                  

(2) Before reducing the fee payable to a representative in accordance with the provisions of paragraph (1), the appropriate officer                     must give the representative the opportunity to make representations about whether it is appropriate to reduce the fee and                     the extent to which the fee should be reduced.                  

## Wasted costs ordersE+W

27.—(1) Subject to paragraph (2), where the court has disallowed the whole or any part of any wasted costs under section 19A of the                     Prosecution of Offences Act 1985 F47 (costs against legal representatives etc), the appropriate officer, in determining fees in respect of work done by the representative against whom the wasted costs                     order was made, may deduct the amount in the wasted costs order from the amount otherwise payable in accordance with these                     Regulations.                  

(2) Where the appropriate officer, in accordance with this regulation, is minded to disallow any amount of a claim for work done                     to which the wasted costs order relates, the appropriate officer must disallow that amount or the amount of the wasted costs                     order, whichever is the greater.                  

F471985 c. 23. Section 19A was inserted by section 111 of the Courts and Legal Services Act 1990 (c. 41).

## Redetermination of fees by appropriate officerE+W

28.—(1) Where—                  

(a)an advocate in proceedings in the Crown Court is dissatisfied with the decision not to allow any of the following fees, or                        with the number of hours allowed in the calculation of such a fee, namely—                  

(i)a special preparation fee under paragraph 17 of Schedule 1; or                  

(ii)a wasted preparation fee under paragraph 18 of Schedule 1; or                  

(b)[F48a][F49trial] advocate in proceedings in the Crown Court is dissatisfied with—                  

(i)the decision not to allow an hourly fee in respect of attendance at conferences or views at the scene of the alleged offence                        under paragraph 19 of Schedule 1, or with the number of hours allowed in the calculation of such a fee;                  

(ii)the calculation by the appropriate officer of the fee payable to the [F49trial] advocate in accordance with Schedule 1; or                  

(iii)the decision of the appropriate officer under paragraph 3(3) of Schedule 1 (reclassification of an offence not specifically                        listed in the relevant Table of Offences and so deemed to fall within Class H); or                  

(c)a litigator is dissatisfied with—                  

(i)the calculation by the appropriate officer of the fee payable to the litigator in accordance with Schedule 2; or                  

(ii)the decision of the appropriate officer under paragraph 3(3) of Schedule 2 (reclassification of an offence not specifically                        listed in the relevant Table of Offences and so deemed to fall within Class H),                  

the advocate, [F49trial] advocate or litigator, as the case may be, may apply to the appropriate officer to redetermine those fees, to review that                     decision or to reclassify the offence, as appropriate.                  

(2) An application under paragraph (1) may not challenge the quantum of any of the fees set out in Schedule 1 or Schedule 2.

(3) Subject to regulation 31, an application under paragraph (1), or paragraph 11(1) of Schedule 3, must be made—

(a)within 21 days of the receipt of the fees payable under regulation 23, regulation 24 or paragraph 10 of Schedule 3, as appropriate;                  

(b)by giving notice in writing to the appropriate officer, specifying the matters in respect of which the application is made                        and the grounds of objection; and                  

(c)in such form and manner as the appropriate officer may direct.                  

(4) The notice of application must be accompanied by the information and documents supplied under regulation 4, regulation 5 or                     Schedule 3, as appropriate.                  

(5) The notice of application must state whether the applicant wishes to appear or to be represented and, if the applicant so                     wishes, the appropriate officer must notify the applicant of the hearing date and time.                  

(6) The applicant must supply such further information and documents as the appropriate officer may require.

(7) The appropriate officer must, in the light of the objections made by the applicant or on behalf of the applicant—

(a)redetermine the fees, whether by way of confirmation, or increase or decrease in the amount previously determined;                  

(b)confirm the classification of the offence within Class H; or                  

(c)reclassify the offence,                  

as the case may be, and must notify the applicant of his decision.

(8) Where the applicant so requests, the appropriate officer must give reasons in writing for the appropriate officer's decision.

(9) Subject to regulation 31, any request under paragraph (8) must be made within 21 days of receiving notification of the appropriate                     officer's decision under paragraph (7)**.**                  

[F50(10)In this regulation, 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.]                  

F48Word in reg. 28(1)(b) substituted (5.5.2015) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2015 (S.I. 2015/882), regs. 1, **2(14)(a)** (with reg. 3)

F49Word in reg. 28 substituted (5.5.2015) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2015 (S.I. 2015/882), regs. 1, **2(14)(b)** (with reg. 3)

F50Reg. 28(10) inserted (5.5.2015) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2015 (S.I. 2015/882), regs. 1, **2(14)(c)** (with reg. 3)

## Appeals to a Costs JudgeE+W

29.—(1) Where the appropriate officer has given his reasons for his decision under regulation 28(8), a representative who is dissatisfied                     with that decision may appeal to a Costs Judge.                  

(2) Subject to regulation 31, an appeal under paragraph (1) or paragraph 11(2) of Schedule 3 must be instituted within 21 days                     of the receipt of the appropriate officer's reasons, by giving notice in writing to the Senior Costs Judge.                  

(3) The appellant must send a copy of any notice of appeal given under paragraph (2) to the appropriate officer.

(4) The notice of appeal must be accompanied by—

(a)a copy of any written representations given under regulation 28(3);                  

(b)the appropriate officer's reasons for the appropriate officer's decision given under regulation 28(8); and                  

(c)the information and documents supplied to the appropriate officer under regulation 28.                  

(5) The notice of appeal must—

(a)be in such form as the Senior Costs Judge may direct;                  

(b)specify separately each item appealed against, showing (where appropriate) the amount claimed for the item, the amount determined                        and the grounds of the objection to the determination; and                  

(c)state whether the appellant wishes to appear or to be represented or whether the appellant will accept a decision given in                        the appellant's absence.                  

(6) The Senior Costs Judge may, and if so directed by the Lord Chancellor either generally or in a particular case must, send                     to the Lord Chancellor a copy of the notice of appeal together with copies of such other documents as the Lord Chancellor                     may require.                  

(7) With a view to ensuring that the public interest is taken into account, the Lord Chancellor may arrange for written or oral                     representations to be made on the Lord Chancellor's behalf and, if the Lord Chancellor intends to do so, the Lord Chancellor                     must inform the Senior Costs Judge and the appellant.                  

(8) Any written representations made on behalf of the Lord Chancellor under paragraph (7) must be sent to the Senior Costs Judge                     and the appellant and, in the case of oral representations, the Senior Costs Judge and the appellant must be informed of the                     grounds on which such representations will be made.                  

(9) The appellant must be permitted a reasonable opportunity to make representations in reply.

(10) The Costs Judge must inform the appellant (or the person representing him) and the Lord Chancellor, where representations                     have been or are to be made on the Lord Chancellor's behalf, of the date of any hearing and, subject to the provisions of                     this regulation, may give directions as to the conduct of the appeal.                  

(11) The Costs Judge may consult the trial judge or the appropriate officer and may require the appellant to provide any further                     information which the Costs Judge requires for the purpose of the appeal and, unless the Costs Judge otherwise directs, no                     further evidence may be received on the hearing of the appeal and no ground of objection may be raised which was not raised                     under regulation 28.                  

(12) The Costs Judge has the same powers as the appropriate officer under these Regulations and, in the exercise of such powers,                     may alter the redetermination of the appropriate officer in respect of any sum allowed, whether by increasing or decreasing                     it, as the Costs Judge thinks fit.                  

(13) The Costs Judge must communicate his decision and the reasons for it in writing to the appellant, the Lord Chancellor and                     the appropriate officer.                  

(14) Where the Costs Judge increases the sums redetermined under regulation 28, the Costs Judge may allow the appellant a sum in                     respect of part or all of any reasonable costs incurred by the appellant in connection with the appeal (including any fee                     payable in respect of an appeal).                  

## Appeals to the High CourtE+W

30.—(1) A representative who is dissatisfied with the decision of a Costs Judge on an appeal under regulation 29 may apply to a Costs                     Judge to certify a point of principle of general importance.                  

(2) Subject to regulation 31, an application under paragraph (1) or paragraph 11(3) of Schedule 3 must be made within 21 days                     of receiving notification of a Costs Judge's decision under regulation 29(13).                  

(3) Where a Costs Judge certifies a point of principle of general importance the appellant may appeal to the High Court against                     the decision of a Costs Judge on an appeal under regulation 29, and the Lord Chancellor must be a respondent to such an appeal.                  

(4) Subject to regulation 31, an appeal under paragraph (3) must be instituted within 21 days of receiving notification of a Costs                     Judge's certificate under paragraph (1).                  

(5) Where the Lord Chancellor is dissatisfied with the decision of a Costs Judge on an appeal under regulation 29, the Lord Chancellor                     may, if no appeal has been made by an appellant under paragraph (3), appeal to the High Court against that decision, and the                     appellant must be a respondent to the appeal.                  

(6) Subject to regulation 31, an appeal under paragraph (5) must be instituted within 21 days of receiving notification of the                     Costs Judge's decision under regulation 29(13).                  

(7) An appeal under paragraph (3) or (5) must—

(a)be brought in the Queen's Bench Division;                  

(b)subject to paragraph (4), follow the procedure set out in Part 52 of the Civil Procedure Rules 1998 F51; and                  

(c)be heard and determined by a single judge whose decision will be final.                  

(8) The judge has the same powers as the appropriate officer and a Costs Judge under these Regulations and may reverse, affirm                     or amend the decision appealed against or make such other order as the judge thinks fit.                  

F51S.I. 1998/3132. There are relevant amendments in S.I. 2000/221 and 2092, 2003/2113 and 3361, 2004/2072, 2005/3515, 2006/1689 and 3435, 2007/2204, 2009/2092 and 3390, 2010/1953 and 2012/2208.

## Time limitsE+W

31.—(1) Subject to paragraph (2), the time limit within which any act is required or authorised to be done under these Regulations                     may, for good reason, be extended—                  

(a)in the case of acts required or authorised to be done under regulations 29 or 30, by a Costs Judge or the High Court as the                        case may be; and                  

(b)in the case of acts required or authorised to be done by a representative under any other regulation, by the appropriate officer.                  

(2) Where a representative without good reason has failed (or, if an extension were not granted, would fail) to comply with a                     time limit, the appropriate officer, a Costs Judge or the High Court, as the case may be, may, in exceptional circumstances,                     extend the time limit and must consider whether it is reasonable in the circumstances to reduce the fees payable to the representative                     under regulations 4, 5 or 6, provided that the fees must not be reduced unless the representative has been allowed a reasonable                     opportunity to show cause orally or in writing why the fees should not be reduced.                  

(3) A representative may appeal to a Costs Judge against a decision made under this regulation by an appropriate officer and such                     an appeal must be instituted within 21 days of the decision being given by giving notice in writing to the Senior Costs Judge                     specifying the grounds of appeal.                  

[F52(4)In this regulation, where the main hearing is a trial, “trial advocate” means, for the purposes of the meaning of “representative”,                        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.]                  

F52Reg. 31(4) inserted (5.5.2015) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2015 (S.I. 2015/882), regs. 1, **2(15)** (with reg. 3)

Signed by authority of the Lord Chancellor

McNally

 Minister of State

 Ministry of Justice

 Regulation 4 

## SCHEDULE 1E+WAdvocates' Graduated Fee Scheme

### **PART 1**E+WDefinitions and Scope

#### InterpretationE+W

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—                  

a plea and case management hearing takes place 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                                       plea and case management hearing; or                                    

in respect of one or more counts which did not proceed, the prosecution did not, before or at the plea and case management                                       hearing, declare an intention of not proceeding with them; or                                    

the case is listed for trial without a plea and case management hearing taking place;

“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;

F53...                  

“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 which do not form part                     of the main hearing—                  

a plea and case management hearing, except the first plea and case management hearing;

a pre-trial review;

the hearing of a case listed for plea which is adjourned for trial;

any hearing (except a trial, a plea and case management hearing, a pre-trial review 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));                           

a sentencing hearing other than one falling within paragraph 2(1)(b)(ii), paragraph 15(1) or paragraph 34;

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; F54...                  

F53...                  

(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 committal or 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 committal 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.                  

(7) A reference to the Table of Offences in this Schedule is to the Table of Offences in Part 7 and a reference to a Class of                     Offence in this Schedule is to the Class in which that offence is listed in the Table of Offences.                  

F53Words 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)

F54Word 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)

#### ApplicationE+W

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 committed or 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 committed or 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.                  

(9) Sub-paragraph (10) applies where proceedings are—

(a)sent for trial to the Crown Court; or                  

(b)transferred to the Crown Court under—                  

(i)section 4 of the Criminal Justice Act 1987 F55 (transfer of serious fraud cases); or                  

(ii)section 53 of the Criminal Justice Act 1991 F56 (transfer of certain cases involving children).                  

(10) Where, at any time after proceedings are sent or transferred to the Crown Court as referred to in sub-paragraph (9), they                     are—                  

(a)discontinued by a notice served under section 23A of the Prosecution of Offences Act 1985 F57 (discontinuance of proceedings after accused has been sent for trial); or                  

(b)dismissed pursuant to—                  

(i)paragraph 2 of Schedule 3 to the Crime and Disorder Act 1998 F58 (applications for dismissal);                  

(ii)section 6 of the Criminal Justice Act 1987 (applications for dismissal); or                  

(iii)paragraph 5 of Schedule 6 to the Criminal Justice Act 1991 (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 the plea and case management hearing                     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.

F551987 c. 38. Section 4 was repealed by the Criminal Justice Act 2003 (c. 44), sections 41, 332, **Schedule 3**, Part 2, Paragraphs 58(1) and (2) and Schedule 37, Part 4, which repeal is in force for certain purposes and will take effect in full from a date to                              be appointed.

F561991 c. 53. Section 53 was repealed by the Criminal Justice Act 2003 (c. 44), sections 41, 332, **Schedule 3**, Part 2, Paragraphs 62(1) and (2) and Schedule 37, Part 4, which repeal is in force for certain purposes and will take effect in full from a date to                              be appointed.

F571985 c. 23. Section 23A was inserted by section 119 of the Crime and Disorder Act 1998 (c. 37).

F581998 c. 37.

#### Class of OffencesE+W

3.—(1) For the purposes of this Schedule—                  

(a)every indictable offence falls within the Class under which it is listed in the 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 F59 (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 F60 (attempting to commit an offence) fall within the same Class as the substantive offence to which they relate;                  

(c)where the 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 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 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 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 trial advocate must elect whether that hearing falls within the same Class as the indictable                        offence to which it relates or within Class D; and                  

(g)where in a case on indictment a restriction order is made under section 41 of the Mental Health Act 1983 F61 (power of higher courts to restrict discharge from hospital), the offence falls within Class A, regardless of the Class under                        which the offence would be listed in the Table of Offences but for this paragraph.                  

(2) Where an advocate in proceedings in the Crown Court is dissatisfied with the classification within Class H of an indictable                     offence not listed in the Table of Offences, the advocate 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 advocate—

(a)confirm the classification of the offence within Class H; or                  

(b)reclassify the offence,                  

and must notify the advocate of the decision.

F591977 c. 45.

F601981 c. 47.

F611983 c. 20.

### **PART 2**E+WGraduated Fees for Trial

#### Calculation of Graduated FeesE+W

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 lasting one to 40 days must be calculated in accordance with the following formula—                  

Where—

**G** is the amount of the graduated fee;                        

**B** is the basic fee specified in the table following paragraph 5 as appropriate to the offence for which the assisted person                           is tried and the category of trial advocate;                        

**d** is the number of days or parts of a day on which the advocate attends at court by which the trial exceeds 2 days but does                           not exceed 40 days;                        

**D**is the fee payable in respect of daily attendance at court for the number of days by which the trial exceeds 2 days but does                           not exceed 40 days, as appropriate to the offence for which the assisted person is tried and the category of trial advocate;                        

**e** is the number of pages of prosecution evidence excluding the first 50, up to a maximum of 10,000;                        

**E** is the evidence uplift specified in the table following paragraph 5 as appropriate to the offence for which the assisted                           person is tried and the category of trial advocate;                        

**w** is the number of prosecution witnesses excluding the first 10;                        

**W** is the witness uplift specified in the table following paragraph 5 as appropriate to the offence for which the assisted person                           is tried and the category of trial advocate.                        

#### Table of feesE+W

5.  For the purposes of paragraph 4 the basic fee (B), the daily attendance fee (D), the evidence uplift (E) and the witness uplift                     (W) appropriate to any offence are those specified in the table following this paragraph in accordance with the Class within                     which that offence falls.                  

##### Table of Fees and Uplifts

### **PART 3**E+WGraduated Fees for Guilty Pleas and Cracked Trials

#### Scope of Part 3E+W

[F626.—(1)Subject to sub-paragraph (2) and to paragraph 22, this Part does not apply to a case committed or 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.                  

(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.]                  

F62Sch. 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)

#### Calculation of graduated fees in guilty pleas and cracked trialsE+W

7.—(1) The amount of the graduated fee for a single trial advocate representing one assisted person in a guilty plea or cracked trial                     is—                  

(a)where the case is a guilty plea or a trial which cracks in the first third—                  

(i)the basic fee specified in Table A following paragraph 8 as appropriate to the offence with which the assisted person is charged,                        and the category of trial advocate; and                  

(ii)the evidence uplift, as appropriate to the number of pages of prosecution evidence, calculated in accordance with that table;                        and                  

(b)where the case is a trial which cracks in the second or last third—                  

(i)the basic fee specified in Table B following paragraph 8 as appropriate to the offence with which the assisted person is charged                        and the category of trial advocate; and                  

(ii)the evidence uplift, as appropriate to the number of pages of prosecution evidence, calculated in accordance with that table.                  

(2) Where—

(a)the trial of a case does not commence on the date first fixed; or                  

(b)the case is not taken and disposed of from the first warned list in which it is entered,                  

the basic fee and evidence uplift for the offence are those specified for the last third in Table B following paragraph 8.

(3) In this paragraph, and in the tables following paragraph 8, references to the first, second and last third are references                     to the first, second and last third—                  

(a)where a case is first listed for trial on a fixed date, of the period of time beginning with the day after the date on which                        the case is so listed and ending with the day before the date so fixed;                  

(b)where the case is first placed in a warned list, of the period of time beginning with the day after the date on which the                        case is so placed and ending with the day before the date of the start of that warned list,                  

and where the number of days in this period of time cannot be divided by three equally, any days remaining after such division                     must be added to the last third.                  

(4) Where a graduated fee is calculated in accordance with this Part for the purposes of paragraph 2(3), the fee must be calculated                     as if the trial had cracked in the last third.                  

#### Tables of feesE+W

8.  Subject to paragraph 7, the basic fee and evidence uplift appropriate to any offence are specified in the tables following                     this paragraph in accordance with the Class within which that offence falls, the category of trial advocate and whether the                     case is a guilty plea, a trial which cracks in the first third or a trial which cracks in the second or last third.                  

##### Table A – Fees and uplifts in guilty pleas and trials which crack in the first third

##### Table B – Fees and uplifts in trials which crack in the second or last third

### **PART 4**E+WFixed Fee for Guilty Pleas and Cracked Trials

#### Scope of Part 4E+W

[F639.—(1)Subject to sub-paragraph (2), this Part applies to a case committed or 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.]                  

F63Sch. 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)

#### Fixed fee for guilty pleas or cracked trialsE+W

10.  The fee payable to an advocate in relation to a guilty plea or cracked trial to which this Part applies is £194 per proceedings.                  

### **PART 5**E+WFixed Fees

#### General provisionsE+W

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 (B) specified in the table following paragraph 5, or that following paragraph 8, 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.                  

#### Fees for plea and case management hearings and standard appearancesE+W

12.—(1) The fee payable in respect of—                  

(a)an appearance by the trial advocate or substitute advocate at the first plea and case management hearing or pre-trial review;                        and                  

(b)up to four standard appearances by the trial advocate or substitute advocate,                  

is included within the basic fee (B) specified in the table following paragraph 5, or that following paragraph 8, as appropriate                     to the offence for which the assisted person is tried and the category of trial advocate.                  

(2) The fee payable in respect of an appearance by the trial advocate or substitute advocate at a plea and case management hearing                     or standard appearance not included in sub-paragraph (1) is specified in the table following paragraph 24 as appropriate to                     the category of trial advocate or substitute advocate.                  

(3) The fee payable for preparing and filing the plea and case management questionnaire where no oral hearing takes place is specified                     in the table following paragraph 24 as appropriate to the category of trial advocate or substitute advocate.                  

(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.                  

#### Fees for abuse of process, disclosure, admissibility and withdrawal of plea hearingsE+W

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 F64 (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; 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.                  

F641965 c 69.

#### Fees for confiscation hearingsE+W

14.—(1) This paragraph applies to—                  

(a)a hearing under Part 2 of the Proceeds of Crime Act 2002 F65 (confiscation: England and Wales);                  

(b)a hearing under section 2 of the Drug Trafficking Act 1994 F66 (confiscation orders); and                  

(c)a hearing under section 71 of the Criminal Justice Act 1988 F67 (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.

##### Fees for confiscation hearings

(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.                  

F652002 c 29.

F661994 c. 37.

F671988 c. 33.

#### Fees for sentencing hearingsE+W

15.—(1) This paragraph applies to a sentencing hearing following a case on indictment to which this Schedule applies, where sentence                     has been deferred under section 1 of the Powers of Criminal Courts (Sentencing) Act 2000 F68 (deferment of sentence).                  

(2) The fee payable to an advocate for appearing at a hearing to which this paragraph applies is that set out in the table following                     paragraph 24 as appropriate to the category of trial advocate or substitute advocate and the circumstances of the hearing.                  

F682000 c. 6.

#### Fees for ineffective trialsE+W

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.                  

#### Fees for special preparationE+W

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 very unusual or novel point of law or factual issue;                  

(b)the number of pages of prosecution evidence, as defined in paragraph 1(2), exceeds 10,000 and the appropriate officer considers                        it reasonable to make a payment in excess of the graduated fee payable under this Schedule; or                  

(c)a documentary or pictorial exhibit is served by the prosecution in electronic form where—                  

(i)the exhibit has never existed in paper form; and                  

(ii)the appropriate officer—                  

(aa)does not consider it appropriate to include the exhibit in the pages of prosecution evidence; and                  

(bb)considers it reasonable to make a payment in respect of the exhibit in excess of the graduated fee.                  

(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; and                  

(c)where sub-paragraph (1)(c) applies, from the number of hours which the appropriate officer considers reasonable to view the                        prosecution evidence,                  

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 [F69a trial] advocate, whether or not [F70the trial] advocate did the work claimed for.                  

(5) [F71A 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.                  

[F72(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.]                  

F69Words 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)

F70Words 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)

F71Words 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)

F72Sch. 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)

#### Fees for wasted preparationE+W

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 [F73a trial] advocate, whether or not [F74the trial] advocate did the work claimed for.                  

(5) [F75A 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 F76... advocate was prevented from representing the assisted person and of the number of hours of preparation.                  

[F77(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.]                  

F73Words 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)

F74Words 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)

F75Words 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)

F76Word 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)

F77Sch. 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)

#### Fees for conferences and viewsE+W

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 (B) specified in the table following paragraph 5, or that following paragraph 8, 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 the                        plea and case management hearing 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 the                        plea and case management hearing 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 the plea and case management                        hearing 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.                  

#### Fees for appeals, committals for sentence and breach hearingsE+W

20.—(1) Subject to sub-paragraphs (4) and (5) and paragraph 26 the fee payable to a trial advocate in any of the hearings referred                     to in paragraph 2(1)(b) is the fixed fee specified in the table following paragraph 24.                  

(2) Where a hearing referred to in paragraph 2(1)(b) is listed but cannot proceed because of the failure of the assisted person                     or a witness to attend, the unavailability of a pre-sentence report, or other good reason, the fee payable to the advocate                     is the fixed fee specified in the table following paragraph 24.                  

(3) Where—

(a)a bail application;                  

(b)a mention hearing; or                  

(c)any other application,                  

takes place in the course of a hearing referred to in paragraph 2(1)(b), the fee payable to the advocate is the fixed fee                     specified in the table following paragraph 24.                  

(4) Where it appears to the appropriate officer that the fixed fee allowed under sub-paragraph (1) would be inappropriate taking                     into account all of the relevant circumstances of the case the appropriate officer may instead allow fees of such amounts                     as appear to the appropriate officer to be reasonable remuneration for the relevant work in accordance with sub-paragraph                     (5).                  

(5) The appropriate officer may allow any of the following classes of fees to an advocate in respect of work allowed by the appropriate                     officer under this paragraph—                  

(a)a fee for preparation including, where appropriate, the first day of the hearing including, where they took place on that                        day—                  

(i)short conferences;                  

(ii)consultations;                  

(iii)applications and appearances (including bail applications);                  

(iv)views at the scene of the alleged offence; and                  

(v)any other preparation;                  

(b)a refresher fee for any day or part of a day for which a hearing continued, including, where they took place on that day—                  

(i)short conferences;                  

(ii)consultations;                  

(iii)applications and appearances (including bail applications);                  

(iv)views at the scene of the alleged offence; and                  

(v)any other preparation; and                  

(c)subsidiary fees for—                  

(i)attendance at conferences, consultations and views at the scene of the alleged offence not covered by paragraph (a) or (b);                  

(ii)written advice on evidence, plea, appeal, case stated or other written work; and                  

(iii)attendance at applications and appearances (including bail applications and adjournments for sentence) not covered by paragraph                        (a) or (b).                  

#### Fees for contempt proceedingsE+W

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.                  

#### Discontinuance or dismissal of sent or transferred proceedingsE+W

22.—(1) This paragraph applies to proceedings which are—                  

(a)sent for trial to the Crown Court; or                  

(b)transferred to the Crown Court under—                  

(i)section 4 of the Criminal Justice Act 1987 (transfer of serious fraud cases); or                  

(ii)section 53 of the Criminal Justice Act 1991 (transfer of certain cases involving children).                  

(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                     F78 the advocate must be paid 50% of the basic fee (B) for a guilty plea, as specified in the table following paragraph 8 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 graduated fee calculated in accordance with paragraph 7, as appropriate for representing an assisted                     person in a guilty plea.                  

(4) Sub-paragraph (5) applies to—

(a)a plea and case management hearing that takes place after the prosecution serves its evidence; and                  

(b)any other hearing that takes place before a plea and case management hearing has taken place but after the prosecution has                        served its evidence.                  

(5) Where, at a hearing to which this sub-paragraph applies—

(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 graduated fee calculated in accordance with paragraph 7, 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 1998, section 6 of                     the Criminal Justice Act 1987 or paragraph 5 of Schedule 6 to the Criminal Justice Act 1991 (applications for dismissal),                     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 1998, section 6 of                     the Criminal Justice Act 1987 or paragraph 5 of Schedule 6 to the Criminal Justice Act 1991, 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 graduated fee calculated in accordance with paragraph 7, 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 (B) specified in the table following paragraph 8 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.

F78S.I. 2005/902 as amended by S.I. 2012/1345.

#### Noting brief feesE+W

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.                  

#### Fixed feesE+W

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.                  

##### Fixed Fees

### **PART 6**E+WMiscellaneous

#### Identity of instructed advocateE+W

25.—(1) Where an instructed advocate is appointed before the plea and case management hearing, 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 the plea and case management hearing 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 the plea and case management hearing—                  

(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)the plea and case management hearing; or                  

(b)where no leading advocate attends the plea and case management hearing, 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)the plea and case management hearing; or                  

(b)where no led advocate attends the plea and case management hearing, 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 the plea and case management hearing 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 the plea and case management hearing 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 plea and case management 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.

#### Payment of fees to instructed advocateE+W

26.—(1) In accordance with regulation 23 the appropriate officer must notify each [F79trial] advocate of the total fees payable and authorise payment to the [F79trial] advocate accordingly.                  

(2) Payment of the fees in accordance with sub-paragraph (1) must be made to each [F79trial] advocate.                  

(3) Where the section 16 determination provides for representation by a single advocate, the [F79trial] advocate is responsible for arranging payment of fees to the [F80instructed] advocate and any substitute advocate who has undertaken work on the case.                  

(4) Where there are two[F79trial]advocates for an assisted person, payment must be made to each [F79trial] advocate individually, and—                  

(a)the leading[F79trial] advocate is responsible for arranging payment of fees to the [F80instructed] 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[F79trial]advocate is responsible for arranging payment of fees to the [F80instructed] advocate and any substitute advocate who have undertaken work on the case of a type for which a led advocate is responsible.                  

[F81(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.

F79Word 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)

F80Word 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)

F81Sch. 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)

#### Additional charges and additional casesE+W

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—                  

(i)the basic fee (B) specified in the table following paragraph 5 or that following paragraph 8, as appropriate, for the principal                        case, where that is a case falling within paragraph 2(1)(a); 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 or 16, 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; 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.                  

#### Multiple advocatesE+W

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.                  

#### Non-local appearancesE+W

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 or the nearest advocate's office (whichever is the nearer) 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.                  

#### Trials lasting over 40 daysE+W

30.  Where a trial exceeds 40 days, the trial advocate must be paid a fee as set out in the table following this paragraph, as                     appropriate to the category of trial advocate and the Class of Offence, for each day by which the trial exceeds 40 days on                     which the trial advocate attends at court.                  

##### Daily rates payable where a trial lasts over 40 days

#### Assisted person unfit to plead or stand trialE+W

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 F82 (finding that the accused did the act or made the omission charged against him); or                  

(ii)a graduated fee calculated in accordance with paragraph 7 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 graduated fee calculated in accordance with paragraph 7 as appropriate for representing an assisted person in a guilty plea,                  

whichever the trial advocate elects.

F821964 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).

#### Cross examination of witnessE+W

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 F83 (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 (D) is as set out in the table following paragraph 5 as appropriate                     to the number of days of attendance at court by the advocate.                  

F831999 c. 23.

#### Provision of written or oral adviceE+W

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.                  

#### Mitigation of sentenceE+W

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.                  

### **PART 7**E+WTable of Offences

F84Words in Sch. 1 Pt. 7 substituted (23.3.2015) by The Civil and Criminal Legal Aid (Remuneration) (Amendment) Regulations 2015 (S.I. 2015/325), regs. 1, **3(3)** (with reg. 4(1))

F85Words in Sch. 1 Pt. 7 inserted (13.5.2013) by The Protection of Freedoms Act 2012 (Consequential Amendments) Order 2013 (S.I. 2013/862), art. 1(2), **Sch. para. 3**

 Regulation 5 

## SCHEDULE 2E+WLitigators' Graduated Fee Scheme

### **PART 1**E+WDefinitions and Scope

#### InterpretationE+W

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—                  

a plea and case management hearing takes place 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                                       plea and case management hearing; or                                    

in respect of one or more counts which did not proceed, the prosecution did not, before or at the plea and case management                                       hearing, declare an intention of not proceeding with them; or                                    

the case is listed for trial without a plea and case management hearing taking place;

“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 minimum number of pages of prosecution evidence for use in calculating the fee payable to a litigator under this                     Schedule, as set out in the tables following paragraph 5(1) and (2).                  

(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 committal or 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 committal for trial, the appropriate officer must                     determine the number of pages of prosecution evidence in accordance with sub-paragraph***s*** (2) to (5) or as nearly in accordance with those sub-paragraphs as possible as the nature of the case permits.                  

(7) A reference to the Table of Offences in this Schedule is to the Table of Offences in Part 7 of Schedule 1 and a reference                     to a Class of Offence in this Schedule is to the Class in which that offence is listed in the Table of Offences.                  

#### ApplicationE+W

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                        section 1 of the Powers of Criminal Courts (Sentencing) Act 2000 F86 (deferment of sentence);                  

(d)any other post-sentence hearing.                  

(2) Sub-paragraph (3) applies where proceedings are—

(a)sent for trial to the Crown Court; or                  

(b)transferred to the Crown Court under—                  

(i)section 4 of the Criminal Justice Act 1987 F87 (transfer of serious fraud cases); or                  

(ii)section 53 of the Criminal Justice Act 1991 F88 (transfer of certain cases involving children).                  

(3) Where, at any time after proceedings are sent or transferred to the Crown Court as referred to in sub-paragraph (2), they                     are—                  

(a)discontinued by a notice served under section 23A of the Prosecution of Offences Act 1985 F89 (discontinuance of proceedings after accused has been sent for trial); or                  

(b)dismissed pursuant to—                  

(i)paragraph 2 of Schedule 3 to the Crime and Disorder Act 1998 F90 (applications for dismissal);                  

(ii)section 6 of the Criminal Justice Act 1987 (applications for dismissal); or                  

(iii)paragraph 5 of Schedule 6 to the Criminal Justice Act 1991 (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 the plea and case management hearing                     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)10,000,                  

the case must be treated as though it had 10,000 pages of prosecution evidence.

F862000 c. 6.

F871987 c. 38. Section 4 was repealed by the Criminal Justice Act 2003 (c. 44), sections 41, 332, **Schedule 3**, Part 2, Paragraphs 58(1) and (2) and Schedule 37, Part 4, which repeal is in force for certain purposes and will take effect in full from a date to                              be appointed.

F881991 c. 53. Section 53 was repealed by the Criminal Justice Act 2003 (c. 44), sections 41, 332, **Schedule 3**, Part 2, Paragraphs 62(1) and (2) and Schedule 37, Part 4, which repeal is in force for certain purposes and will take effect in full from a date to                              be appointed

F891985 c. 23. Section 23A was inserted by section 119 of the Crime and Disorder Act 1998 (c. 37).

F901998 c. 37.

#### Class of OffencesE+W

3.—(1) For the purposes of this Schedule—                  

(a)every indictable offence falls within the Class under which it is listed in the 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 F91 (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 F92 (attempting to commit an offence) fall within the same Class as the substantive offence to which they relate;                  

(c)where the 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 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 under section 41 of the Mental Health Act 1983 F93 (power of higher courts to restrict discharge from hospital), the offence falls within Class A, regardless of the Class under                        which the offence would be listed in the 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 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.

F911977 c. 45.

F921981 c. 47.

F931983 c. 20.

### **PART 2**E+WGraduated Fees for Guilty Pleas, Cracked Trials and Trials

#### ScopeE+W

[F944.—(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 committed                        or 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.]                  

F94Sch. 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)

#### Pages of Prosecution EvidenceE+W

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.                  

##### PPE Cut-off figures in cracked trials and guilty pleas

(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.                  

##### PPE Cut-off figures in trials

#### Cracked trial or guilty plea where the number of pages of prosecution evidence is less than or equal to the PPE Cut-offE+W

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.                  

##### [F95Basic fees for cracked trials and guilty pleas (£)

F95Sch. 2 para. 6(2) table substituted (20.3.2014) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2014 (S.I. 2014/415), reg. 1(1), **Sch. 1 para. 2** (with reg. 3)

#### Trial where the number of pages of prosecution evidence is less than or equal to the PPE Cut-offE+W

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.                  

##### [F96Basic fees for trials (£)

(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.                  

##### [F97Length of Trial Proxy

F96Sch. 2 para. 7(2) table substituted (20.3.2014) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2014 (S.I. 2014/415), reg. 1(1), **Sch. 1 para. 3** (with reg. 3)

F97Sch. 2 para. 7(3) table substituted (20.3.2014) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2014 (S.I. 2014/415), reg. 1(1), **Sch. 1 para. 4** (with reg. 3)

#### Cracked trials and guilty pleas where the number of pages of prosecution evidence exceeds the PPE Cut-offE+W

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.                        

##### [F98Table of final fees in cracked trials

##### Table of final fees in guilty pleas

F98Sch. 2 para. 8(2) table substituted (20.3.2014) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2014 (S.I. 2014/415), reg. 1(1), **Sch. 1 para. 5** (with reg. 3)

#### Trials where the number of pages of prosecution evidence exceeds the PPE Cut-offE+W

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.                        

##### [F99Table of final fees in trials

F99Sch. 2 para. 9(2) table substituted (20.3.2014) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2014 (S.I. 2014/415), reg. 1(1), **Sch. 1 para. 6** (with reg. 3)

### **PART 3**E+WFixed Fee for Guilty Pleas and Cracked Trials

#### Scope of Part 3E+W

[F10010.—(1)Subject to sub-paragraph (2), this Part applies to a case committed or 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.]                  

F100Sch. 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)

#### Fixed fee for guilty pleas or cracked trialsE+W

11.  The fee payable to a litigator in relation to a guilty plea or cracked trial to which this Part applies is [F101£330.33] per proceedings.                  

F101Word in Sch. 2 para. 11 substituted (20.3.2014) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2014 (S.I. 2014/415), reg. 1(1), **Sch. 1 para. 7** (with reg. 3)

### **PART 4**E+WDefendant Uplifts, Retrials and Transfers

#### Defendant upliftsE+W

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.                  

##### Defendant uplifts

#### Retrials and TransfersE+W

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—

(a)in a cracked trial or guilty plea in 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 paragraph 5(1), the basic fee as set out in the table                        following paragraph 6(2);                  

(b)in a trial where 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), 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, 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);                  

(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)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.

##### Retrials and Transfers

### **PART 5**E+WFixed Fees

#### General provisionsE+W

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.                  

#### Fees for appeals and committals for sentence hearingsE+W

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.

#### Fees for hearing subsequent to sentenceE+W

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 F102 (variation and discharge of orders under section 1C);                  

(b)section 155 of the Powers of Criminal Courts (Sentencing) Act 2000 F103 (alteration of Crown Court sentence);                  

(c)section 74 of the Serious Organised Crime and Police Act 2005 F104 (assistance by defendant: review of sentence).                  

F1021998 c. 37. Section 1CA was inserted by section 140 of the Serious Organised Crime and Police Act 2005 (c. 15).

F1032000 c. 6.

F1042005 c. 15.

#### Fees for contempt proceedingsE+W

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.                  

#### Fees for alleged breaches of a Crown Court orderE+W

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.                  

#### Fixed FeesE+W

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.                  

##### [F105Fixed Fees

F105Sch. 2 para. 19 table substituted (20.3.2014) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2014 (S.I. 2014/415), reg. 1(1), **Sch. 1 para. 8** (with reg. 3)

#### Fees for special preparationE+W

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 10,000,                  

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.                  

#### Discontinuance or dismissal of sent or transferred proceedingsE+W

21.—(1) This paragraph applies to proceedings which are—                  

(a)sent for trial to the Crown Court; or                  

(b)transferred to the Crown Court under—                  

(i)section 4 of the Criminal Justice Act 1987 (transfer of serious fraud cases); or                  

(ii)section 53 of the Criminal Justice Act 1991 (transfer of certain cases involving children).                  

(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                     F106 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 1988, section 6 of                     the Criminal Justice Act 1987 or paragraph 5 of Schedule 6 to the Criminal Justice Act 1991, 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.                  

(5) Sub-paragraph (6) applies to—

(a)a plea and case management hearing that takes place after the prosecution serves its evidence; and                  

(b)any other hearing that takes place before a plea and case management hearing has taken place, but after the prosecution has                        served its evidence.                  

(6) Where, at a hearing to which this paragraph applies—

(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.                  

F106S.I. 2005/902 as amended by S.I. 2012/1345.

#### Defendant upliftsE+W

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).                  

##### Defendant uplifts

#### Warrant for arrestE+W

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 F107 (“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 the plea and case management hearing, the fee payable for a guilty plea in accordance                        with paragraph 6 or where appropriate paragraph 8;                  

(b)where the warrant is issued after the plea and case management hearing 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.                  

F1071976 c. 63.

### **PART 6**E+WMiscellaneous

#### Additional chargesE+W

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.                  

#### Assisted person unfit to plead or stand trialE+W

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 F108 (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.

F1081964 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).

#### Fees for confiscation proceedingsE+W

26.—(1) This paragraph applies to—                  

(a)proceedings under Part 2 of the Proceeds of Crime Act 2002 F109 (confiscation: England and Wales);                  

(b)proceedings under section 2 of the Drug Trafficking Act 1994 F110 (confiscation orders); and                  

(c)proceedings under section 71 of the Criminal Justice Act 1988 F111 (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.                  

F1092002 c. 29.

F1101994 c. 37.

F1111988 c. 33.

#### Prescribed fee ratesE+W

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—                  

F112Sch. 2 para. 27 table substituted (20.3.2014) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2014 (S.I. 2014/415), reg. 1(1), **Sch. 1 para. 9** (with reg. 3)

#### Allowing fees at less than the prescribed ratesE+W

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.                  

#### Allowing fees at more than the prescribed ratesE+W

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 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.                  

 Regulation 6 

## SCHEDULE 3E+WProceedings in the Court of Appeal

### General ProvisionsE+W

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.                  

### Claims for fees and disbursements by litigatorsE+W

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 F113 (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.                  

F1131985 c. 23.

### Determination of litigators' feesE+W

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.                  

### Determination of litigators' disbursementsE+W

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.                  

### Claims for fees by advocatesE+W

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.

### Determination of advocates' feesE+W

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.                  

### Litigators' fees for proceedings in the Court of AppealE+W

7.—(1) For proceedings in the Court of Appeal the appropriate officer must allow fees for work by litigators at the following prescribed                     rates—                  

(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.                  

F114Sch. 3 para. 7(1) table substituted (20.3.2014) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2014 (S.I. 2014/415), reg. 1(1), **Sch. 2 para. 2** (with reg. 3)

### Allowance of litigators' fees at more than the prescribed rateE+W

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 Table of Offences in Part 7 of Schedule 1.                  

(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.                  

### Advocates' fees for proceedings in the Court of AppealE+W

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—                  

#### Junior Counsel

#### QC

(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.                  

### Payment of feesE+W

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.                  

### Redeterminations and appealsE+W

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 

## SCHEDULE 4E+WRates payable for the claims specified in Regulation 8

### Interpretation of this ScheduleE+W

[F1151.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.]                  

F115Sch. 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)**

### Work conducted at the Police station: Police Station advice and assistance.E+W

2.—(1) The Fixed Fee for Police Station Telephone Advice is—                  

(a)[F116£28.70] per claim in London; and                  

(b)[F117£27.60] per claim outside London (“National”).                  

(2) The Criminal Defence Direct Fixed Acceptance Fee is [F118£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.                  

(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 2010 Standard Crime Contract Guidance for reporting crime lower work                     F120.                  

#### [F121Police Station Attendance – Fixed Fees and Escape Fee Thresholds

F116Word in Sch. 4 para. 2(1)(a) substituted (20.3.2014) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2014 (S.I. 2014/415), reg. 1(1), **Sch. 3 para. 2(a)** (with reg. 3)

F117Word in Sch. 4 para. 2(1)(b) substituted (20.3.2014) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2014 (S.I. 2014/415), reg. 1(1), **Sch. 3 para. 2(b)** (with reg. 3)

F118Word in Sch. 4 para. 2(2) substituted (20.3.2014) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2014 (S.I. 2014/415), reg. 1(1), **Sch. 3 para. 2(c)** (with reg. 3)

F119Sch. 4 para. 2(3) table substituted (20.3.2014) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2014 (S.I. 2014/415), reg. 1(1), **Sch. 3 para. 2(d)** (with reg. 3)

F120A 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.

F121Sch. 4 para. 2(8) table substituted (20.3.2014) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2014 (S.I. 2014/415), reg. 1(1), **Sch. 3 para. 3** (with reg. 3)

### Work conducted outside the Police StationE+W

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 [F122£273.75].                  

#### [F123Free standing Advice and Assistance

(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 [F124£1,368.75].                  

#### Table A

#### [F125Advocacy Assistance on a warrant of further detention – Magistrates’ Court or judicial authority

#### Table B

#### Advocacy Assistance on a warrant of further detention – High Court or a senior judge

(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 [F126£1,368.75].                  

#### [F127Advocacy Assistance for armed forces custody hearings

(4) The fixed amounts and hourly rates for Advocacy Assistance in the magistrates' court in connection with an application to                     vary police bail conditions are specified in the table following this sub-paragraph and this Unit of Work is subject to an                     Upper Limit of [F128£1,368.75].                  

#### [F129Advocacy Assistance in the magistrates’ court in connection with an application to vary police bail conditions

F122Word in Sch. 4 para. 3(1) substituted (20.3.2014) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2014 (S.I. 2014/415), reg. 1(1), **Sch. 3 para. 4(a)** (with reg. 3)

F123Sch. 4 para. 3(1) table substituted (20.3.2014) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2014 (S.I. 2014/415), reg. 1(1), **Sch. 3 para. 4(b)** (with reg. 3)

F124Word in Sch. 4 para. 3(2) substituted (20.3.2014) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2014 (S.I. 2014/415), reg. 1(1), **Sch. 3 para. 5(a)** (with reg. 3)

F125Sch. 4 para. 3(2) Table A Table B substituted (20.3.2014) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2014 (S.I. 2014/415), reg. 1(1), **Sch. 3 para. 5(b)** (with reg. 3)

F126Word in Sch. 4 para. 3(3) substituted (20.3.2014) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2014 (S.I. 2014/415), reg. 1(1), **Sch. 3 para. 6(a)** (with reg. 3)

F127Sch. 4 para. 3(3) table substituted (20.3.2014) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2014 (S.I. 2014/415), reg. 1(1), **Sch. 3 para. 6(b)** (with reg. 3)

F128Word in Sch. 4 para. 3(4) substituted (20.3.2014) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2014 (S.I. 2014/415), reg. 1(1), **Sch. 3 para. 7(a)** (with reg. 3)

F129Sch. 4 para. 3(4) table substituted (20.3.2014) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2014 (S.I. 2014/415), reg. 1(1), **Sch. 3 para. 7(b)** (with reg. 3)

### Advice and Assistance and Advocacy Assistance by a court Duty Solicitor and Advocacy Assistance at the virtual courtE+W

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.                  

#### [F130Advice and Assistance and Advocacy Assistance by a court Duty Solicitor

(2) The Fixed Fees for Advocacy Assistance at the Virtual Court are specified in the table following this sub-paragraph.

#### [F131Advocacy Assistance at the Virtual Court

F130Sch. 4 para. 4(1) table substituted (20.3.2014) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2014 (S.I. 2014/415), reg. 1(1), **Sch. 3 para. 8** (with reg. 3)

F131Sch. 4 para. 4(2) table substituted (20.3.2014) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2014 (S.I. 2014/415), reg. 1(1), **Sch. 3 para. 9** (with reg. 3)

### Representation in the Magistrates' CourtE+W

5.—(1) The fixed amounts and hourly rates [F132for representation in a magistrates’ court (except where paragraph 5A applies)] for—                  

(a)recording time and to determine whether the Lower or Higher Standard Fee Limit has been reached; and                  

(b)claiming costs in cases which fall outside the Standard Fee payment scheme,                  

are specified in the table following this sub-paragraph.

#### [F133Representation in a magistrates’ court

(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 [F134(except where paragraph 5A applies)].                  

#### [F135Higher and Lower Standard Fees Table

(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;                  

[F136(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 (other than committal proceedings) relating to either way offences [F137or proceedings referred to in sub-paragraph (ia)] which are discontinued or withdrawn or where the prosecution offer no evidence; and                  

(iv)proceedings (other than committal proceedings) relating to either way offences [F138or 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 [F139(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 (other than committal proceedings) relating to summary offences which are discontinued or withdrawn or where the                        prosecution offer no evidence;                  

(iv)proceedings (other than committal proceedings) 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 section 1 of the Powers                        of Criminal Courts (Sentencing) Act 2000 F140;                  

(vi)proceedings prescribed under regulation 9 of the Criminal Legal Aid (General) Regulations 2013 F141, except where the case was listed and fully prepared for a contested hearing to decide whether an order should be made; and                  

(vii)proceedings relating to either way offences which must be tried in a magistrates' court in accordance with section 22 of the                        Magistrates' Courts Act 1980 F142;                  

(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                  

(d)the reference to “Category 3” cases is a reference to committal proceedings which are discontinued or withdrawn.                  

(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.                  

(5) In this paragraph “committal proceedings” means proceedings in a magistrates' court up to and including a hearing at which an assisted person is committed to the                     Crown Court for trial under section 6(1) or (2) of the Magistrates' Courts Act 1980 F143.                  

F132Words 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)**

F133Sch. 4 para. 5(1) table substituted (20.3.2014) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2014 (S.I. 2014/415), reg. 1(1), **Sch. 3 para. 10** (with reg. 3)

F134Words 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)**

F135Sch. 4 para. 5(2) table substituted (20.3.2014) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2014 (S.I. 2014/415), reg. 1(1), **Sch. 3 para. 11** (with reg. 3)

F136Sch. 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)**

F137Words 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)**

F138Words 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)**

F139Words 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)**

F1402000 c. 6.

F141S.I. 2013/9.

F1421980 c. 43.

F1431980 c. 43.

### [F144Representation in proceedings relating to an injunction under Part 1 of the 2014 Act or related parenting order in any courtE+W

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.                  

#### Representation in proceedings relating to an injunction under Part 1 of the 2014 Act or related parenting order in any court

(3)The table following this sub-paragraph sets out the fees and fee limits for representation in any court.                  

#### Higher and Lower Fees Table

(4)The hourly rate for travelling and waiting in any court is £24.00.]                  

F144Sch. 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)**

### Own client workE+W

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)[F145£47.95] per claim in London; and                  

(b)[F146£45.35] per claim outside London (“National”).                  

(3) The Fixed Fee for Early Cover is [F147£68.44].                  

(4) The refused means test completion fee is [F148£22.81].                  

#### [F149Own client work

F145Word in Sch. 4 para. 6(2)(a) substituted (20.3.2014) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2014 (S.I. 2014/415), reg. 1(1), **Sch. 3 para. 12(a)** (with reg. 3)

F146Word in Sch. 4 para. 6(2)(b) substituted (20.3.2014) by vitue of The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2014 (S.I. 2014/415), reg. 1(1), **Sch. 3 para. 12(b)** (with reg. 3)

F147Word in Sch. 4 para. 6(3) substituted (20.3.2014) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2014 (S.I. 2014/415), reg. 1(1), **Sch. 3 para. 12(c)** (with reg. 3)

F148Word in Sch. 4 para. 6(4) substituted (20.3.2014) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2014 (S.I. 2014/415), reg. 1(1), **Sch. 3 para. 12(d)** (with reg. 3)

F149Sch. 4 para. 6(4) table substituted (20.3.2014) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2014 (S.I. 2014/415), reg. 1(1), **Sch. 3 para. 12(e)** (with reg. 3)

### Representation in proceedings prescribed as criminal proceedings under section 14(h) of the ActE+W

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 [F150or 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 [F151£1,368.75].                  

#### [F152Representation in Prescribed Proceedings in a [F153Crown Court]

(2) The fixed amounts and hourly rates for representation in the High Court or a county court in proceedings prescribed as criminal                     proceedings under section 14(h) of the Act [F154(except where paragraph 5A or paragraph 10 applies)] are specified in the table following this sub-paragraph.                  

#### [F155Representation in Prescribed Proceedings in the High Court or a county court

(3) The fees payable to Assigned Counsel for representation in the High 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.                  

F150Words 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)**

F151Word in Sch. 4 para. 7(1) substituted (20.3.2014) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2014 (S.I. 2014/415), reg. 1(1), **Sch. 3 para. 13(a)** (with reg. 3)

F152Sch. 4 para. 7(1) table substituted (20.3.2014) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2014 (S.I. 2014/415), reg. 1(1), **Sch. 3 para. 13(b)** (with reg. 3)

F153Words 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)**

F154Words 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)**

F155Sch. 4 para. 7(2) table substituted (20.3.2014) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2014 (S.I. 2014/415), reg. 1(1), **Sch. 3 para. 14** (with reg. 3)

### Advice and Assistance on an appeal against conviction or sentence or an application to the Criminal Cases Review CommissionE+W

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)[F156£273.75] for Advice and Assistance on appeals against conviction or sentence; and                  

(b)[F157£456.25] for Advice and Assistance on an application to the Criminal Cases Review Commission.                  

#### [F158Advice and Assistance on an appeal against conviction or sentence or application to the Criminal Cases Review Commission

F156Word in Sch. 4 para. 8(a) substituted (20.3.2014) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2014 (S.I. 2014/415), reg. 1(1), **Sch. 3 para. 15(a)** (with reg. 3)

F157Word in Sch. 4 para. 8(b) substituted (20.3.2014) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2014 (S.I. 2014/415), reg. 1(1), **Sch. 3 para. 15(b)** (with reg. 3)

F158Sch. 4 para. 8 table substituted (20.3.2014) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2014 (S.I. 2014/415), reg. 1(1), **Sch. 3 para. 15(c)** (with reg. 3)

### Representation on an appeal by way of case statedE+W

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.                  

#### [F159Representation on an appeal by way of case stated in the High Court

(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.                  

F159Sch. 4 para. 9(1) table substituted (20.3.2014) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2014 (S.I. 2014/415), reg. 1(1), **Sch. 3 para. 16** (with reg. 3)

### Representation in the Crown Court on an appeal from a magistrates' court in proceedings prescribed as criminal proceedings                     under section 14(h) of the ActE+W

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 [F160or 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 [F161£1,368.75]                  

F160Words 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)**

F161Word in Sch. 4 para. 10 substituted (20.3.2014) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2014 (S.I. 2014/415), reg. 1(1), **Sch. 3 para. 17(a)** (with reg. 3)

F162Sch. 4 para. 10 table substituted (20.3.2014) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2014 (S.I. 2014/415), reg. 1(1), **Sch. 3 para. 17(b)** (with reg. 3)

### Advice and Assistance provided pursuant to a determination made under section 15 of the Act in Prison Law casesE+W

11.—(1) The Fixed Fee for Advice and Assistance in F163...Sentence Cases, Disciplinary Cases and Parole Board Cases is [F164£200.75] and the Escape Fee Threshold is [F165£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.                  

#### [F166Hourly rates for determining whether Escape Fee Threshold reached

(3) The fixed amounts and hourly rates for Advocacy Assistance in Disciplinary 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.                  

#### [F167Hourly rates in Disciplinary Cases for determining application of Standard Fees

#### Higher and Lower Standard Fees Table for Disciplinary Cases

(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.                  

#### [F168Hourly rates in Parole Board Cases for determining application of Standard Fees

#### Higher and Lower Standard Fees Table for Parole Board Cases

F163Words 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))

F164Word in Sch. 4 para. 11(1) substituted (20.3.2014) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2014 (S.I. 2014/415), reg. 1(1), **Sch. 3 para. 18(a)(i)** (with reg. 3)

F165Word in Sch. 4 para. 11(1) substituted (20.3.2014) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2014 (S.I. 2014/415), reg. 1(1), **Sch. 3 para. 18(a)(ii)** (with reg. 3)

F166Sch. 4 para. 11(2) table substituted (20.3.2014) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2014 (S.I. 2014/415), reg. 1(1), **Sch. 3 para. 18(b)** (with reg. 3)

F167Sch. 4 para. 11(3) table substituted (20.3.2014) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2014 (S.I. 2014/415), reg. 1(1), **Sch. 3 para. 19** (with reg. 3)

F168Sch. 4 para. 11(4) table substituted (20.3.2014) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2014 (S.I. 2014/415), reg. 1(1), **Sch. 3 para. 20** (with reg. 3)

### Payment for Assigned CounselE+W

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 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.

#### [F169Payment for Assigned Counsel

F169Sch. 4 para. 12(2) table substituted (20.3.2014) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2014 (S.I. 2014/415), reg. 1(1), **Sch. 3 para. 21** (with reg. 3)

 Regulation 16 

## [F170SCHEDULE 5E+WExperts' Fees and Rates

F170Sch. 5 substituted (2.12.2013) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2013 (S.I. 2013/2803), regs. 1, 3(7), **Sch. 1** (with reg. 6(1))

Regulation 12A

## [F171SCHEDULE 6E+WFees in Very High Cost Cases

F171Sch. 6 inserted (2.12.2013) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2013 (S.I. 2013/2803), regs. 1, 3(8), **Sch. 2** (with reg. 4)

### PART1E+WInterpretation and Application

#### InterpretationE+W

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.                  

#### ApplicationE+W

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.                  

### PART2E+W

#### Table 1

#### Preparation (hourly rates)

#### Table 2

#### Advocacy rates

#### Table 3

#### Attendance at court with Advocate (hourly rates for litigators)

#### Table 4

#### Travelling, waiting and mileage

### PART3E+W

#### Table 1

#### Preparation (hourly rates)

#### Table 2

#### Advocacy rates

#### Table 3

#### Attendance at court with Advocate (hourly rates for litigators)

#### Table 4

#### Travelling, waiting and mileage

## Explanatory Note

(This note is not part of the Regulations)

These Regulations make provisions for the funding and remuneration of advice, assistance and representation made available                        under sections 13, 15 and 16 of the Legal Aid Sentencing and Punishment of Offenders Act 2012.                     

Regulations 4 to 27 deal with the manner in which fees are to be claimed, determined and paid including provisions permitting                        interim payments and payments for expert services.                     

Regulations 28 to 30 provide for an appeal mechanism to challenge, in certain circumstances, the appropriate officer's determination                        of the fees payable to a representative. The provisions deal with the redetermination of fees by an appropriate officer, appeals                        from the appropriate officer to a Costs Judge and appeals from the Costs Judge to the High Court.                     

Schedule 1 sets out the graduated fees and fixed fees payable to advocates for proceedings in the Crown Court.

Schedule 2 sets out the fees payable to solicitors (and other appropriately qualified persons) for proceedings in the Crown                        Court.                     

Schedule 3 sets out the manner in which fees are to be claimed, determined and paid in proceedings in the Court of Appeal.

Schedule 4 sets out the rates payable for proceedings in a magistrates' court and certain other work to which the 2010 Standard                        Crime Contract applies.                     

Schedule 5 sets out the fees and rates payable to experts.

A copy of the 2010 Standard Crime Contract, including the Specification to the Contract, is available at www.justice.gov.uk/legal-aid.                        Copies can be inspected at the Legal Aid Agency (Head Office), 102 Petty France, London, SW1H 9AJ.                     

A copy of the Guidance accompanying the 2010 Standard Crime Contract 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 (address as above).