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11. In paragraph 10 in Part 3 of Schedule 4—
(a)at the beginning insert “(1) Subject to sub-paragraphs (2) and (3) of this paragraph,” after “evidence” in the first line insert “and witness” and for the provisions of the Table substitute the provisions in Part 2 of the Schedule to this Order; and
(b)at the end add the following sub-paragraphs—
“(2) Where the trial of a case does not commence on the date first fixed or, if it is entered in a warned list, the case is not taken and disposed of from the first warned list in which it is entered, the basic fee and evidence and witness uplifts for the offence shall be those specified for the last third in the Table in sub-paragraph (1) above.
(3) In this paragraph references to the first, second and last third are references to the first, second and last third—
(i)where a case is first listed for trial on a fixed date, of the period of time beginning after the date the case is so listed and ending before the date so fixed,
(ii)where the case is first placed in a warned list, of the period of time beginning after the date on which the case is so placed and ending 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 shall be added to the last third.”.
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