The Criminal Defence Service (Funding) (Amendment) Order 2009

Amendments to the Criminal Defence Service (Funding) Order 2007

28.  In paragraph 15 of Schedule 2—

(a) for sub-paragraph (1) substitute—

“(1) This paragraph applies in any case on indictment in the Crown Court—

(a) in respect of which a fee is payable under Part 2, where any or all of the prosecution evidence, as defined in paragraph 1(2), is served in electronic form only; or

(b) in respect of which a fee is payable under Part 2 (other than paragraph 6), 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 .”;

(b) for sub-paragraph (3) substitute—

“(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 22.”.