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The Criminal Defence Service (Funding) (Amendment) Order 2011

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Statutory Instruments

2011 No. 2065

Legal Services Commission, England And Wales

The Criminal Defence Service (Funding) (Amendment) Order 2011

Made

18th August 2011

Laid before Parliament

24th August 2011

Coming into force

3rd October 2011

The Lord Chancellor makes this Order in exercise of the powers conferred by sections 14(3) and 25(8A) of the Access to Justice Act 1999(1).

The Lord Chancellor has consulted the General Council of the Bar and the Law Society in accordance with section 25(2) of that Act and has had regard to the matters specified in section 25(3) of that Act.

Citation, commencement, application and interpretation

1.—(1) This Order may be cited as the Criminal Defence Service (Funding) (Amendment) Order 2011 and comes into force on 3rd October 2011.

(2) In this Order—

(a)“representation order” means a document granting a right to representation;

(b)“the 2007 Order” means the Criminal Defence Service (Funding) Order 2007(2).

(3) In this Order, unless the context requires otherwise, a reference to an article or schedule by number alone is a reference to the article or schedule so numbered in the 2007 Order.

(4) This Order applies to proceedings in which a representation order is granted on or after 3rd October 2011.

Amendments to the 2007 Order

2.  The 2007 Order is amended as follows.

3.  In article 2, omit the definitions of “Very High Cost Case contract” and “Very High Cost Case (Crime) Panel”.

4.  In article 3—

(a)before paragraph (2), insert—

(1A) Article 4A applies to proceedings in magistrates’ courts only.;

(b)in paragraph (2)—

(i)after “12A” insert “and 15A”; and

(ii)omit “and paragraph 12B of Schedule 2 to this Order and the related entry in the table following paragraph 14 of that Schedule”;

(c)in paragraph (6A), omit “except as provided in paragraph 25 of Schedule 2”.

5.  After article 4 insert—

Funding of services in the magistrates’ court

4A.  Where a representation order is granted for proceedings in the magistrates’ court—

(a)any contract for the provision of representation must provide for the payment by the Commission at the fees and hourly rates set out in Schedule 5; and

(b)claims for the payment of expert services must be determined in accordance with article 15A..

6.  In article 14, at the beginning of paragraph (6), insert “Subject to article 15A,”.

7.  After article 15 insert—

Expert services

15A.(1) Subject to paragraph (2), the Commission may provide for the payment of expert services only at the fixed fees or at rates not exceeding the rates set out in Schedule 6.

(2) The appropriate officer may, in relation to a specific claim, increase the fixed fees or rates set out in Schedule 6 if that officer considers it reasonable to do so in exceptional circumstances as defined in paragraph (3).

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

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

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

8.  In article 16, after paragraph (5) insert—

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

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

(a)must have regard to the rates set out in Schedule 6; and

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

9.  In paragraph 1 of Schedule 1—

(a)in sub-paragraph (1) in the definition of “standard appearance”, after (g) insert—

(h)a sentencing hearing other than one falling within paragraph 2(1)(b)(ii) or paragraph 12(1);;

(b)in sub-paragraph (2), after “but” insert “except as mentioned in sub-paragraph (2A)”; and

(c)after sub-paragraph (2) insert—

(2A) A document which has existed in paper form and which the prosecution has converted into digital form to enable service by means of electronic communication is included within the number of pages of prosecution evidence for the purposes of this Schedule..

10.  In paragraph 2 of Schedule 1—

(a)in sub-paragraph (3), for “Sub-paragraph (4) applies” substitute “Sub-paragraphs (4) and (4A) apply”;

(b)at the beginning of sub-paragraph (4), insert “Subject to sub-paragraph (4A),”;

(c)after sub-paragraph (4) insert—

(4A) Where—

(a)in relation to the first trial, the case was committed 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 trial advocate will receive a graduated fee, calculated in accordance with Part 2, in respect of the first trial and the fixed fee set out in paragraph 7B in respect of the new trial.

(4B) Sub-paragraphs (5) and (5A) apply in the circumstances set out in sub-paragraph (3) but where a different trial advocate appears for the assisted person at each trial.

(5) Subject to sub-paragraph (5A), in respect of each trial the trial advocate will receive a graduated fee calculated in accordance with Part 2 or Part 3 as appropriate.

(5A) Where—

(a)in relation to the first trial, the case was committed 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 trial advocate at the first trial will receive a graduated fee, calculated in accordance with Part 2 and the trial advocate at the new trial will receive the fixed fee set out in paragraph 7B..

11.  In Part 3 of Schedule 1, before paragraph 6, insert—

Scope of Part 3

5A.  This Part does not apply to a case committed to the Crown Court on the election of a defendant where the magistrates’ court has determined the case to be suitable for summary trial..

12.  After Part 3 of Schedule 1 insert—

PART 3AFixed fee for Guilty Pleas and Cracked Trials

Scope of Part 3A

7A.  This Part applies to a case committed to the Crown Court on the election of a defendant where the magistrates’ court has determined the case to be suitable for summary trial.

Fixed fee for guilty pleas or cracked trials

7B.  The fee payable to an advocate in relation to a guilty plea or cracked trial to which this Part applies must be £203 per proceedings..

13.  For paragraph 8 of Schedule 1 substitute—

8.(1) All work undertaken by an advocate in a case to which Part 3A applies is included within the fee set out in paragraph 7B except for attendance at a confiscation hearing to which paragraph 11 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 7, as appropriate to—

(a)the offence for which the assisted person is tried;

(b)the category of advocate; and

(c)whether the case is a cracked trial, guilty plea or trial..

14.  For paragraph 12(1) of Schedule 1 substitute—

(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(3) (deferment of sentence)..

15.  For paragraph 14(1)(c) of Schedule 1 substitute—

(c)any or all of the prosecution evidence as listed in paragraph 1(2)(a) to (d) is served in electronic form only, and does not fall within paragraph 1(2A), and the appropriate officer considers it reasonable to make a payment in excess of the graduated fee payable under this Schedule..

16.  In the table following paragraph 19 of Schedule 1—

(a)in the second column of the entry for “Deferred sentencing hearing” omit “(a)”; and

(b)omit the entry for “Sentencing hearing”.

17.  In paragraph 22 of Schedule 1—

(a)in sub-paragraph (1) omit “graduated”;

(b)in sub-paragraph (2)(b)(ii), after “(2)(1)(b)” insert “or paragraph 7B”;

(c)after sub-paragraph (2) insert—

(2A) Nothing in sub-paragraphs (3) to (5) permits a fixed fee under Part 4, other than one to which paragraph 11 applies, to be paid in a case to which Part 3A applies..

18.  Omit paragraph 24A of Schedule 1.

19.  In paragraph 1 of Schedule 2—

(a)in sub-paragraph (2), after “but” insert “except as mentioned in sub-paragraph (2A)”; and

(b)after sub-paragraph (2) insert—

(2A) A document which has existed in paper form and which the prosecution has converted into digital form to enable service by means of electronic communication is included within the number of pages of prosecution evidence for the purposes of this Schedule..

20.  In Part 2 of Schedule 2—

(a)before paragraph 4, insert—

Scope of Part 2

3A.  This Part does not apply to a guilty plea or cracked trial in a case committed to the Crown Court on the election of a defendant where the magistrates’ court has determined the case to be suitable for summary trial.;

(b)in the tables following paragraphs 4(1) and 6(2)—

(i)for the figures listed for payment in relation to class of offence A, substitute the figures listed for payment in relation to class of offence J; and

(ii)for the figures listed for payment in relation to class of offence G, substitute the figures listed for payment in relation to class of offence F;

(c)in the table following paragraph 4(2)—

(i)for the figures listed for payment in relation “PPE Cut off A”, substitute the figures listed for payment in relation to “PPE Cut off J”; and

(ii)for the figures listed for payment in relation to “PPE Cut off G”, substitute the figures listed for payment in relation to “PPE Cut off F”;

(d)for the table following paragraph 5 substitute the table in Part 1 of Schedule 1 to this Order;

(e)in the table following paragraph 6(3)—

(i)for the figures listed for payment in relation “Trial length proxy A”, substitute the figures listed for payment in relation to “Trial length proxy J”; and

(ii)for the figures listed for payment in relation to “Trial length proxy G”, substitute the figures listed for payment in relation to “Trial length proxy F”;

(f)for the tables following paragraph 7, and the headings to those tables, substitute the tables and headings in Part 2 of Schedule 1 to this Order;

(g)in the table following paragraph 8(3)—

(i)omit the rows for class of offence A and class of offence G;

(ii)in the rows for class of offence J, after “J” insert “and A”;

(iii)in the rows for class of offence F, after “F” insert “and G”.

21.  After the table following paragraph 8 of Schedule 2 insert—

PART 2AFixed Fee for Guilty Pleas and Cracked Trials

Scope of Part 2A

8A.  This Part applies to a guilty plea or cracked trial in a case committed to the Crown Court on the election of a defendant where the magistrates’ court has determined the case to be suitable for summary trial.

Fixed fee for guilty pleas or cracked trials

8B.  The fee payable to a litigator in relation to a guilty plea or cracked trial to which this Part applies must be £362 per proceedings.

PART 2B

Defendant uplifts, Retrials and Transfers.

22.  In paragraph 9 of Schedule 2—

(a)after sub-paragraph (3)(d) insert—

(e)where appropriate the fee set out in paragraph 8B.;

(b)after sub-paragraph (3) insert—

(4) In a case where the representation of one defendant would attract a fixed fee under Part 2A 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 sub-paragraphs (3)(a) to (d) is appropriate..

23.  For paragraph 10 of Schedule 2 substitute—

Retrials and Transfers

10.(1) Where following a trial an order is made for a retrial and the same litigator acts for the assisted person at both trials that litigator will receive—

(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 and timing 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 original litigator and the new 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 the retrial, transfer or withdrawal of the representation order.

(3) In sub-paragraph (2), “transfer” includes the grant of a representation order to an individual who, immediately before the grant of the order—

(a)had represented himself; or

(b)had been represented (otherwise than under a representation order) by the litigator named in the order,

and for the purposes of that sub-paragraph the litigator shall 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)shall be treated as the original litigator, where the transfer takes place at any time before the trial or any retrial;

(b)shall be treated as a new litigator, where the transfer takes place during the trial or any retrial; and

(c)shall not receive any fee, where the transfer takes place after the trial or any retrial but before the sentencing hearing.

(6) Where a representation order 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 4(1), the basic fee as set out in the table following paragraph 5(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 4(2), the basic fee specified in the table following paragraph 6(2) plus the length of trial proxy specified in the table following paragraph 6(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 4(1), the final fee as calculated in accordance with paragraph 7(2);

(d)in a trial where the number of pages of prosecution evidence exceeds the PPE Cut-off specified in the table following paragraph 4(2), the final fee, as calculated in accordance with paragraph 8(2);

(e)in a cracked trial or guilty plea in a case to which Part 2A applies, the fixed fee set out in paragraph 8B.

(8) Where a case becomes a Very High Cost Case after a representation order has been granted and is transferred from the litigator named on the representation order to a new litigator—

(a)the original litigator will be remunerated in accordance with the individual Very High Cost Case contract entered into by that litigator; and

(b)the new litigator will 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 representation order has been granted and the representation order is withdrawn before the end of the case, the litigator will 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 2A 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 8B;

(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..

24.  For paragraph 11 of Schedule 2 substitute—

11.(1) All work undertaken by a litigator in a case to which Part 2A applies is included within the fee set out in paragraph 8B except for a defendant uplift as provided for in paragraph 17.

(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..

25.  Omit paragraph 12B of Schedule 2 and the entry for “Committal proceedings” in the table following paragraph 14 of that Schedule.

26.  For paragraph 15(1)(a) of Schedule 2 substitute—

(a)in respect of which a fee is payable under Part 2, where any or all of the prosecution evidence, as listed in paragraph 1(2)(a) to (d) is served in electronic form only and does not fall within paragraph 1(2A);.

27.  In paragraph 17 of Schedule 2—

(a)in sub-paragraph (3)(a), after “sub-paragraph (2)” insert “of paragraph 16”.

(b)after sub-paragraph (3)(b) insert—

(c)where appropriate the fee set out in paragraph 8B.;

(c)after sub-paragraph (3) insert—

(4) In a case where the representation of one defendant would attract a fixed fee under Part 2A 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)..

28.  Omit paragraph 25 of Schedule 2 and the tables following that paragraph.

29.—(1) This article applies where a representation order is granted on or after 3rd October 2011 but before 1st April 2012.

(2) In Schedule 1—

(a)in the table following paragraph 5, Table A following paragraph 7 and the table following paragraph 25—

(i)for the figures listed for payment in relation to class of offence A, substitute the figures listed for payment in relation to class of offence J; and

(ii)for the figures listed for payment in relation to class of offence G, substitute the figures listed for payment in relation to class of offence F;

(b)for Table B following paragraph 7, and the heading to that table, substitute the table and heading set out in Schedule 2 to this Order.

30.—(1) This article applies where a representation order is granted on or after 1st April 2012.

(2) In paragraph 7B of Schedule 1, for “£203” substitute “£194”.

(3) In Schedule 1—

(a)for the Table of Fees and Uplifts following paragraph 5, and the heading to that table, substitute the table and heading in Part 1 of Schedule 3 to this Order;

(b)for Tables A and B following paragraph 7, and the headings to those tables, substitute the tables and headings in Part 2 of Schedule 3 to this Order;

(c)for the table following paragraph 11(2)(c), substitute the table in Part 3 of Schedule 3 to this Order;

(d)for the table following paragraph 19, and the heading to that table, substitute the table and heading in Part 4 of Schedule 3 to this Order;

(e)for the table following paragraph 25, and the heading to that table, substitute the table and heading in Part 5 of Schedule 3 to this Order.

31.  After Schedule 4, insert Schedules 5 and 6 set out in Schedule 4 to this Order.

Revocation

32.  Article 8 of the Criminal Defence Service (Funding)(Amendment No.2) Order 2010 is revoked and the amendments made by that article to Schedule 1 do not have effect.

Signed by authority of the Lord Chancellor

McNally

Minister of State

Ministry of Justice

18th August 2011

Article 20

SCHEDULE 1

PART 1

Class of Offence
Type of caseABCDEF
Cracked trial991.32775.15575.16941.75255.38245.73
Guilty plea745.63609.44485.38708.34202.41214.59
Class of Offence
Type of caseGHIJK
Cracked trial254.73259.73277.99991.32848.07
Guilty plea214.59209.28191.34745.63702.29

PART 2

Table of final fees in cracked trials

Class of OffencePPE RangeInitial fee (£)Incremental fee per page of prosecution evidence
A0-79991.320
A80-249991.3211.7216
A250-9992,983.997.3571
A1000-27998,501.814.3001
A2800-459916,241.924.3001
A4600-639923,982.043.4135
A6400-819930,126.413.4135
A8200-999936,270.783.4135
A10,00042,411.740.0000
B0-69777.150
B70-249777.158.5755
B250-9992,320.734.0137
B1000-27995,331.022.6733
B2800-459910,143.022.6733
B4600-639914,955.022.2478
B6400-819919,001.082.2478
B8200-999823,047.122.2478
B10,00027,090.920.0000
C0-39575.170
C40-249575.174.2997
C250-9991,478.102.4611
C1000-27993,323.901.5674
C2800-45996,145.181.5674
C4600-63998,966.461.5674
C6400-819911,787.741.5674
C8200-999914,609.031.5674
C10,00017,428.740.0000
D0-79941.750
D80-249941.7511.1082
D250-9992,830.146.6941
D1000-27997,850.703.9525
D2800-459914,965.193.9525
D4600-639922,079.683.2433
D6400-819927,917.583.2433
D8200-999933,755.473.2433
D10,00039,590.120.0000
E0-39255.380
E40-249255.385.0432
E250-9991,314.441.5958
E1000-27992,511.280.6689
E2800-45993,715.350.6689
E4600-63994,919.420.6689
E6400-81996,123.500.6689
E8200-99997,327.570.6689
E10,0008,530.970.0000
F0-49245.720
F50-249245.724.8400
F250-9991,213.731.9622
F1000-27992,685.360.7636
F2800-45994,059.910.7636
F4600-63995,434.460.7636
F6400-81996,809.000.7636
F8200-99998,183.550.7636
F10,0009,557.330.0000
G0-49245.720
G50-249245.724.8400
G250-9991,213.731.9622
G1000-27992,685.360.7636
G2800-45994,059.910.7636
G4600-63995,434.460.7636
G6400-81996,809.000.7636
G8200-99998,183.550.7636
G10,0009,557.330.0000
H0-39259.730
H40-249259.734.6685
H250-9991,240.121.7046
H1000-27992,518.580.7626
H2800-45993,891.280.7626
H4600-63995,263.970.7626
H6400-81996,636.670.7626
H8200-99998,009.370.7626
H10,0009,381.300.0000
I0-39278.000
I40-249278.006.4873
I250-9991,640.332.5353
I1000-27993,541.820.9835
I2800-45995,312.170.9835
I4600-63997,082.510.9835
I6400-81998,852.850.9835
I8200-999910,623.200.9835
I10,00012,392.550.0000
J0-79991.320
J80-249991.3211.7216
J250-9992,983.997.3571
J1000-27998,501.814.3001
J2800-459916,241.924.3001
J4600-639923,982.043.4135
J6400-819930,126.413.4135
J8200-999936,270.783.4135
J10,00042,411.740.0000
K0-119848.070
K120-249848.077.1738
K250-9991,780.665.5001
K1000-27995,905.734.8159
K2800-459914,574.294.8159
K4600-639923,242.874.1067
K6400-819930,634.844.1067
K8200-999938,026.814.1066
K10,00045,414.670.0000

Table of final fees in guilty pleas

Class of OffencePPE RangeInitial Fee (£)Incremental fee per page of prosecution evidence
A0-79745.630
A80-399745.636.1572
A400-9992,715.933.2471
A1000-27994,664.212.0766
A2800-45998,402.072.0766
A4600-639912,139.921.2255
A6400-819914,345.861.2255
A8200-999916,551.811.2255
A10,00018,756.530.0000
B0-69609.440
B70-399609.444.9497
B400-9992,242.842.4934
B1000-27993,738.901.5916
B2800-45996,603.751.5916
B4600-63999,468.611.1661
B6400-819911,567.511.1661
B8200-999913,666.411.1661
B10,00015,764.140.0000
C0-39485.380
C40-399485.382.9193
C400-9991,536.311.5971
C1000-27992,494.540.8668
C2800-45994,054.720.8668
C4600-63995,614.910.8668
C6400-81997,175.100.8668
C8200-99998,735.290.8668
C10,00010,294.600.0000
D0-79708.340
D80-399708.345.7339
D400-9992,543.193.0095
D1000-27994,348.901.8739
D2800-45997,721.861.8739
D4600-639911,094.831.1647
D6400-819913,191.211.1646
D8200-999915,287.571.1647
D10,00017,382.780.0000
E0-39202.410
E40-399202.413.2041
E400-9991,355.881.3732
E1000-27992,179.800.5057
E2800-45993,090.080.5057
E4600-63994,000.360.5057
E6400-81994,910.640.5057
E8200-99995,820.920.5057
E10,0006,730.690.0000
F0-49214.590
F50-399214.593.1058
F400-9991,301.621.0840
F1000-27991,952.010.3488
F2800-45992,579.800.3488
F4600-63993,207.590.3488
F6400-81993,835.380.3488
F8200-99994,463.170.3488
F10,0005,090.610.0000
G0-49214.590
G50-399214.593.1058
G400-9991,301.621.0840
G1000-27991,952.010.3488
G2800-45992,579.800.3488
G4600-63993,207.590.3488
G6400-81993,835.380.3488
G8200-99994,463.170.3488
G10,0005,090.610.0000
H0-39209.280
H40-399209.283.0613
H400-9991,311.331.0852
H1000-27991,962.460.3465
H2800-45992,586.140.3465
H4600-63993,209.840.3465
H6400-81993,833.530.3465
H8200-99994,457.230.3465
H10,0005,080.550.0000
I0-39191.340
I40-399191.343.4214
I400-9991,423.041.4936
I1000-27992,319.220.5581
I2800-45993,323.860.5581
I4600-63994,328.490.5581
I6400-81995,333.130.5581
I8200-99996,337.780.5581
I10,0007,341.860.0000
J0-79745.630
J80-399745.636.1572
J400-9992,715.933.2471
J1000-27994,664.212.0766
J2800-45998,402.072.0766
J4600-639912,139.921.2255
J6400-819914,345.861.2255
J8200-999916,551.811.2255
J10,00018,756.530.0000
K0-119702.290
K120-399702.295.7624
K400-9992,315.763.2075
K1000-27994,240.262.9871
K2800-45999,617.042.9871
K4600-639914,993.822.2779
K6400-819919,094.012.2779
K8200-999923,194.202.2779
K10,00027,292.100.0000

Article 29

SCHEDULE 2

Fees and uplifts in trials which crack in the second or final third

Class of OffenceBasic FeeEvidence uplift per page of prosecution evidence (pages 1 to 250)Evidence up lift per page of prosecution evidence (pages 251-1000)Evidence uplift per page of prosecution evidence (pages 1,001 to 10,000)
QC
A2,4455.341.341.76
B1,8333.370.851.12
C1,5992.390.600.78
D1,8335.341.341.76
E1,2961.710.430.57
F1,2962.240.570.75
G1,2962.240.570.75
H1,6203.080.771.01
I1,6803.020.751.00
J2,4455.341.341.76
K2,4452.980.750.99
Leading Junior
A1,8334.011.011.33
B1,3752.530.630.85
C1,2001.790.450.59
D1,3754.011.011.33
E9721.280.320.43
F9721.680.430.56
G9721.680.430.56
H1,2152.310.580.77
I1,2602.260.560.75
J1,8334.011.011.33
K1,8332.230.560.75
Led Junior
A12232.670.680.88
B9171.680.420.56
C8001.200.300.40
D9172.670.680.88
E6480.850.220.28
F6481.120.280.37
G6481.120.280.37
H8101.540.390.51
I8401.500.370.50
J12232.670.680.88
K12231.490.370.50
Junior Alone
A13754.752.210.73
B9553.271.520.50
C6112.421.120.37
D8514.752.210.73
E5351.420.670.22
F5352.191.010.34
G5352.191.010.34
H6502.201.020.34
I7641.710.790.26
J13754.752.210.73
K12994.111.920.63

Article 30

SCHEDULE 3

PART 1

Table of Fees and Uplifts

Class of OffenceBasic Fee (B)Daily attendance fee (D)Evidence Uplift (E)Witness Uplift (W)
(£)(£)(£)(£)
QC
A2,8569791.636.53
B2,5298571.636.53
C1,9688161.636.53
D2,2848161.636.53
E1,5146121.636.53
F1,5146121.636.53
G1,5146121.636.53
H1,9038161.636.53
I2,1228161.636.53
J2,8569791.636.53
K2,8569791.636.53
Leading Junior
A2,1427341.234.9
B1,8976431.234.9
C1,4766121.234.9
D1,7146121.234.9
E1,1364591.234.9
F1,1364591.234.9
G1,1364591.234.9
H1,4276121.234.9
I1,5926121.234.9
J2,1427341.234.9
K2,1427341.234.9
Led Junior
A1,6324900.813.26
B1,2654280.813.26
C8984080.813.26
D1,1254080.813.26
E6943060.813.26
F6943060.813.26
G6943060.813.26
H8164080.813.26
I9794080.813.26
J1,6324900.813.26
K1,4284900.813.26
Junior alone
A1,6325300.984.9
B1,3054690.984.9
C8984080.984.9
D1,1254080.984.9
E6533260.984.9
F6943260.984.9
G6943260.984.9
H8164080.984.9
I9794080.984.9
J1,6325300.984.9
K1,6325300.984.9

PART 2

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

Class of OffenceBasic FeeEvidence uplift per page of prosecution evidence (pages 1 to 1,000)Evidence uplift per page of prosecution evidence (1,001 to 10,000)
QC
A1,7142.851.43
B1,3051.80.9
C1,2241.280.64
D1,3052.851.43
E1,0810.920.46
F1,0811.20.61
G1,0811.20.61
H1,2241.650.82
I1,2241.610.8
J1,7142.851.43
K1,7141.590.8
Leading Junior
A1,2852.151.07
B9791.350.67
C9180.960.48
D9792.151.07
E8110.690.35
F8110.90.46
G8110.90.46
H9181.240.61
I9181.210.6
J1,2852.151.07
K1,2851.190.6
Led Junior
A8571.430.72
B6530.90.45
C6120.640.32
D6531.430.72
E5410.460.23
F5410.610.3
G5410.610.3
H6120.830.42
I6120.80.4
J8571.430.72
K8570.80.4
Junior Alone
A9791.190.59
B6940.810.41
C4490.60.3
D6941.190.59
E4080.350.17
F4080.540.27
G4080.540.27
H4900.540.28
I5710.420.22
J9791.190.59
K9791.020.51

Table B—Fees and uplifts in trials which crack in the second or final third

Class of OffenceBasic FeeEvidence uplift per page of prosecution evidence (pages 1 to 250)Evidence uplift per page of prosecution evidence (pages 251 to 1,000)Evidence uplift per page of prosecution evidence (pages 1,001 to 10,000)
QC
A2,3245.071.271.68
B1,7433.200.801.06
C1,5202.270.570.75
D1,7435.071.271.68
E1,2321.630.410.54
F1,2322.140.540.71
G1,2322.140.540.71
H1,5402.930.730.96
I1,5982.870.710.94
J2,3245.071.271.68
K2,3242.830.710.94
Leading Junior
A1,7443.800.951.26
B1,3072.400.600.80
C1,1401.700.430.56
D1,3073.800.951.26
E9241.220.310.41
F9241.600.410.53
G9241.600.410.53
H1,1552.200.540.72
I1,1982.140.530.71
J1,7443.800.951.26
K1,7442.130.530.71
Led Junior
A11622.540.640.84
B8711.600.400.53
C7601.140.280.37
D8712.540.640.84
E6160.820.200.27
F6161.070.270.36
G6161.070.270.36
H7701.460.370.48
I7981.430.360.48
J11622.540.640.84
K11621.420.360.47
Junior alone
A13074.522.100.69
B9083.111.450.48
C5812.311.070.36
D8084.522.100.69
E5081.340.630.20
F5082.080.960.32
G5082.080.960.32
H6182.080.970.32
I7261.630.760.25
J13074.522.100.69
K12343.911.820.60

PART 3

Fees for confiscation hearings
Fee for QCFee for leading juniorFee for junior aloneFee for led junior
1 – Daily and half-daily rates
Half-daily rate260195130130
Daily rate497346238238
2 – Pages of evidence
51-250649541433324
251-500973811649486
501-7501,2981,081865649
751-10001,9461,6221,298973
3 - Preparation
Hourly rates74563939

PART 4

Fixed Fees

Category of workParagraph providing for feeFee for QC(£)Fee for leading junior (£)Fee for led junior or junior alone (£)
Standard appearance9(2)173 per day130 per day87 per day
Paper plea and case management hearing9(3)26 per case26 per case26 per case
Abuse of process hearing10(1)(a)260 Half day195 Half day130 Half day
497 Full day346 Full day238 Full day
Hearings relating to disclosure10(1)(b) and (c)260 Half day195 Half day130 Half day
497 Full day346 Full day238 Full day
Hearings relating to the admissibility of evidence10(1)(d)260 Half day195 Half day130 Half day
497 Full day346 Full day238 Full day
Hearings on withdrawal of guilty plea10(1)(e)260 Half day195 Half day130 Half day
497 Full day346 Full day238 Full day
Deferred sentencing hearing12(1)(a)324 per day238 per day173 per day
Ineffective trial payment13281 per day195 per day130 per day
Special preparation1474 per hour56 per hour39 per hour
Wasted preparation1574 per hour56 per hour39 per hour
Conferences and views1674 per hour56 per hour39 per hour
Appeals to the Crown Court against conviction17(1)260 per day195 per day130 per day
Appeals to the Crown Court against sentence17(1)216 per day151 per day108 per day
Proceedings relating to breach of an order of the Crown Court17(1)216 per day151 per day108 per day
Committal for sentence17(1)260 per day195 per day130 per day
Adjourned appeals, committals for sentence and breach hearings17(2)173 per day130 per day87 per day
Bail applications, mentions and other applications in appeals, committals for sentence and breach hearings17(3)173 per day130 per day87 per day
Second and subsequent days of an application to dismiss18(6)260 Half day195 Half day130 Half day
497 Full day346 Full day238 Full day
Noting brief19--108 per day
Cracked trial or Guilty plea (at the election of the defendant)New£194 per case£194 per case£194 per case

PART 5

Daily rates payable where a trial lasts over 40 days

Class of OffenceDaily rate payable for days 41-50 (£)Daily rate payable for days 51 and over (£)
QC
A387414
B387414
C387414
D387414
E387414
F387414
G387414
H387414
I387414
J387414
K387414
Leading Junior
A331356
B331356
C331356
D331356
E331356
F331356
G331356
H331356
I331356
J331356
K331356
Led Junior
A221237
B221237
C221237
D221237
E221237
F221237
G221237
H221237
I221237
J221237
K221237
Junior Acting Alone
A266285
B247265
C247265
D266285
E225241
F225241
G266285
H247265
I247265
J266285
K266285

Article 31

SCHEDULE 4

Article 4A

SCHEDULE 5Magistrates’ Courts Rates

Interpretation of this Schedule

1.(1) Words and expressions used in this Schedule have the same meaning as in the 2010 Standard Crime Contract. The fees and rates in this Schedule are exclusive of value added tax.

(2) “2010 Standard Crime Contract” means the contract so named between the Commission and a provider for the provision of funded services, including the contract for signature, the standard terms, the schedule and the specification(4).

Higher and Lower Standard Fees table
Lower Standard FeeLower Standard Fee LimitHigher Standard FeeHigher Standard Fee Limit
Designated Area Standard Fees
Category 1 (either way)272.56298.45517.05517.10
Category 1 (summary only)221.59298.45477.41517.10
Category 2378.46512.70792.71854.40
Category 3357.87452.20734.56789.50
Undesignated Area Standard Fees
Category 1 (either way)213.35298.45451.84517.10
Category 1 (summary only)173.45298.45417.20517.10
Category 2306.25512.70702.40854.40
Category 3276.50452.20626.50789.50
Representation in the magistrates’ court

Hourly Rates (for recording time and to determine whether the Lower or Higher Standard Fee Limit has been reached, and for claiming costs in cases which fall outside the Standard Fee payment scheme).

All Areas
Routine letters written and telephone calls per item£3.90
Preparation hourly rate£49.70
Advocacy hourly rate (including applications for bail and other applications to the court)£62.35
Attendance at court where Counsel is assigned (including conferences with counsel at court) hourly rate£34.00
Travelling and waiting hourly rate (Only claimable where the Undesignated Area fees apply)£26.30

Article 15A

SCHEDULE 6Experts’ Fees and Rates

ExpertNon-London Hourly Rate or fixed feeLondon Hourly Rate or fixed feeComments
A&E consultant£126£135
Accident reconstruction£90£68
Accountant£50 - £144£50 - £144Partner £144, Manager £108, Accountant £80, General staff £50.
Anaesthetist£135£90
Architect£99£90
Back calculations£180 fixed fee£189 fixed fee
Benefit expert£90£90
Cardiologist£144£90
Cell telephone site analysis£90£90
Child psychiatrist£135£90
Child psychologist£126£90
Computer expert£90£90
Consultant engineer£90£68
Dentist£117£90
Dermatologist£108£90
Disability consultant£68£68
DNA (per person) – testing of sample£315 per test£315 per test
DNA (per person) – preparation of report£90£90
Doctor (GP)£99£90
Drug expert£90£90
Employment consultant£68£68
Enquiry agent£32£23
ENT surgeon£126£90
Facial mapping£135£90
Fingerprint expert£90£47
Fire investigation£90£68
Firearm expert£90£90
Forensic scientist£113£90
General surgeon£135£90
Geneticist£108£90
GP (records report)£63 fixed fee£90 fixed fee
Gynaecologist£135£90
Haematologist£122£90
Handwriting expert£90£90
Interpreter£32£25
Lip reader / Signer£72£41
Mediator£126£126
Medical Consultant£135£90
Medical microbiologist£135£90
Medical Report£99£90
Meteorologist£126£180 fixed fee
Midwife£90£90
Neonatologist£135£90
Neurologist£153£90
Neuropsychiatrist£158£90
Neuroradiologist£171£90
Neurosurgeon£171£90
Nursing expert£81£81
Obstetrician£135£90
Occupational Therapist£68£68
Oncologist£140£90
Orthopaedic surgeon£144£90
Paediatrician£135£90
Pathologist£153£540 fixed fee
Pharmacologist£122£90
Photographer£32£23
Physiotherapist£81£81
Plastic surgeon£135£90
Process server£32£23
Psychiatrist£135£90
Psychologist£117£90
Radiologist£135£90
Rheumatologist£135£90
Risk assessment expert£63£63
Speech therapist£99£90
Surgeon£135£90
Surveyor£50£50
Telecoms expert£90£90
Toxicologist£135£90
Urologist£135£90
Vet£90£90
Voice recognition£117£90

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends the Criminal Defence Service (Funding) Order 2007. It removes references to the Very High Cost Case Contract and the Very High Cost Case (Crime) Panel which no longer exist. It makes further reductions in the fees paid for Crown Court cases.

Fixed fees for the provision of funded services in magistrates’ courts are brought within the ambit of the 2007 Order for the first time by the new article 4A and a new Schedule 5 inserted in the 2007 Order.

New article 15A and a new Schedule 6 provide, again for the first time in the 2007 Order, fixed fees and hourly rates to be paid for the type of expert services listed in that schedule.

The Order removes a sentencing hearing from the list of hearings for which a separate fixed fee is payable and includes it as a standard appearance. The Order introduces fixed fees payable for a cracked trial or guilty plea where a case is committed to the Crown Court for trial at the election of the defendant. Consequential amendments are made in the provisions dealing with transfer of cases. In respect of a cracked trial or guilty plea in other cases, the graduated fees are reduced by 25%.

The Order removes the separate fee payable for committal hearings which will no longer be payable.

The fees payable for murder and manslaughter cases are aligned with those payable for rape and other serious sexual offences and all offences of dishonesty, where the value involved is less than £100,000, will in future be remunerated at the same rate.

(1)

1999 c.22. The reference in section 6 to the Lord Chancellor was changed to the Secretary of State by S.I.2003/1887 and changed back to the Lord Chancellor by S.I. 2005/3429. Section 25(8A) was inserted by section 153 of the Coroners and Justice Act 2009 (c.25).

(3)

2000 c.6. Section 1 was substituted by section 278 of and paragraph 1 of Schedule 3 to the Criminal Justice Act 2003 (c.44).

(4)

Published by the Commission on 15th February 2010 and available on its website at www.legalservices.gov.uk.

Yn ôl i’r brig

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