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The Criminal Defence Service (Funding) Order 2001

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PART 1FEES DETERMINED UNDER PARAGRAPH 12 OF SCHEDULE 1

1.  Subject to paragraphs 2 and 3, for proceedings in the Crown Court and Court of Appeal the appropriate officer shall allow fees for work allowed by it under paragraph 12 of Schedule 1 at the following prescribed rates:

Class of workGrade of fee-earnerRate
PreparationSenior solicitor£53.00 per hour—(£55.75 per hour for a fee-earner whose office is situated within the London region of the Commission)
Solicitor, legal executive or fee-earner of equivalent experience£45.00 per hour—(£47.25 per hour for a fee-earner whose office is situated within the London region of the Commission)
Trainee or fee-earner of equivalent experience£29.75 per hour—(£34.00 per hour for a fee-earner whose office is situated within the London region of the Commission)
Advocacy (other than in the Crown Court)

Senior solicitor

Solicitor

£64.00 per hour

£56.00 per hour

Attendance at court where more than one representative assigned

Senior solicitor

Solicitor, legal executive or fee-earner of equivalent experience

Trainee or fee-earner of equivalent experience

£42.25 per hour

£34.00 per hour

£20.50 per hour

Travelling and waiting

Senior solicitor

Solicitor, legal executive or fee-earner of equivalent experience

Trainee or fee-earner of equivalent experience

£24.75 per hour

£24. 75 per hour

£12.50 per hour

Routine letters written and routine telephone calls£3.45 per item—(£3.60 per item for a fee-earner whose office is situated within the London region of the Commission)

2.  In relation to any hearing specified in paragraph 12(8) of Schedule 1, the fee specified in paragraph 1 for attendance at court where an advocate is assigned shall only be payable in the circumstances and to the extent provided by paragraphs 12(7) to (10) of that Schedule.

3.  In respect of any item of work, the appropriate officer may allow fees at less than the relevant prescribed rate specified in paragraph 1 where it appears to him reasonable to do so having regard to the competence and despatch with which the work was done.

4.—(1) Upon a determination the appropriate officer may allow fees at more than the relevant prescribed rate specified in paragraph 1 subject to the provisions of this paragraph where it appears to him, 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 circumstances or complexity.

(2) Where the appropriate officer considers that any item or class of work should be allowed at more than the prescribed rate, he shall apply to that item or class of work a percentage enhancement in accordance with the following provisions of this paragraph.

(3) In determining the percentage by which fees should be enhanced above the prescribed rate the appropriate officer should have regard to:

(a)the degree of responsibility accepted by the solicitor and his staff;

(b)the care, speed and economy with which the case was prepared; and

(c)the novelty, weight and complexity of the case.

(4) Except in proceedings to which sub-paragraph (5) applies, the percentage above the relevant prescribed rate by which fees for work may be enhanced shall not exceed 100 per cent.

(5) Where the proceedings related to serious or complex fraud, the percentage above the prescribed rate by which fees for work done may be enhanced shall not exceed 200 per cent.

(6) The appropriate officer may have regard to the generality of proceedings to which this Order applies in determining what is exceptional within the meaning of this paragraph.

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