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The Criminal Defence Service (Very High Cost Cases) (Funding) Order 2013

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Citation and commencement

1.  This Order may be cited as the Criminal Defence Service (Very High Cost Cases) (Funding) Order 2013 and comes into force on 2nd December 2013.

Application

2.  This Order applies in relation to fees for work undertaken on or after 2nd December 2013.

Amendment to paragraph 25 of Schedule 2 to the Criminal Defence Service (Funding) Order 2007

3.—(1) The Criminal Defence Service (Funding) Order 2007(1) is amended as follows.

(2) For the first two tables following paragraph 25 of Schedule 2 substitute—

Preparation (hourly rates)

Category 1

£

Category 2

£

Category 3

£

Category 4

£

Counsel
QC106.7583.3066.8566.85
Leading junior93.1073.1558.4558.45
Led junior66.8553.2045.5045.50
Junior alone73.1559.8551.8051.80
2nd led junior46.9037.1032.2032.20
Solicitor-advocate
Leading level A106.7583.3066.8566.85
Led level A93.1073.1558.4558.45
Leading level B93.1073.1558.4558.45
Led level B77.0063.3548.3048.30
Level A alone96.6080.5065.4565.45
Level B alone81.2069.6554.9554.95
Second advocate46.9037.1032.2032.20

Advocacy

Preliminary hearing

£

Half day

£

Full day

£

QC83.30175.00350.00
Leading junior63.35143.68287.00
Led junior42.7092.93185.85
Junior alone49.00105.00210.00
2nd led junior24.8547.2594.50
Noting junior21.3540.2580.50..

(3) Subject to paragraph (4), the amendments made by this article apply to work done pursuant to any Task List agreed between the litigator and the Lord Chancellor on or after 2nd December 2013.

(4) The amendments made by this article do not apply 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 paragraph (4), any adjournment or postponement of a trial which takes place after the trial date is set must be disregarded.

(6) In this article, “Task List” has the meaning given in the contract made between the Commission(2) and members of the Very High Cost Case (Crime) Panel and dated 14th January 2008, as amended on 13th November 2008, 15th December 2008 and 5th May 2009(3).

Proceedings which are the subject of the contracts for members of the Very High Cost Case (Crime) Panel

4.—(1) Fees in a relevant case must be paid—

(a)in accordance with the terms of a contract referred to in paragraph (2); and

(b)at the rates set out for the appropriate category and level of representative set out in Schedule 1 to this Order.

(2) In this article, a relevant case means a case which is the subject of a contract made between the Commission and members of the Very High Cost Case (Crime) Panel and dated 14th January 2008, as amended on 13th November 2008, 15th December 2008 and 5th May 2009.

(3) In this article and Schedule 1, the “Very High Cost Case (Crime) Panel” means the panel set up by the Commission from which representatives were chosen to provide representation in Very High Cost Cases.

Proceedings which are the subject of a 2010 VHCC contract

5.—(1) Fees in a relevant case must be paid—

(a)in accordance with the terms of the 2010 VHCC contract; and

(b)at the rates set out for the appropriate category and level of representative set out in Schedule 2 to this Order.

(2) In this article, a relevant case means a case which is the subject of a 2010 VHCC contract;

(3) In this article and Schedule 2, “2010 VHCC contract” means the contract so named between the Commission and a provider of services consisting of representation in criminal proceedings(4).

Signed by authority of the Lord Chancellor

Shailesh Vara

Parliamentary Under Secretary of State

Ministry of Justice

31st October 2013

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