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

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PART 1Interpretation and Application

Interpretation

1.—(1) In this Schedule—

(a)“contract” means the 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;

(b)a reference to a level is a reference to a level as described in the contract;

(c)a reference to a category is a reference to that category as described in the contract;

(d)the standard rates apply to work as described in the contract;

(e)the full day rate applies where the advocate is in court for more than 3.5 hours;

(f)the half day rate applies where the advocate is in court—

(i)at trial for 3.5 hours or less; or

(ii)for any hearing lasting for more than 2 hours, other than a trial, to which the full day rate does not apply; and

(g)the preliminary hearing rate applies where a hearing, other than a trial, lasts two hours or less.

(2) In Table 2, a reference to a junior includes a solicitor-advocate.

Application

2.—(1) Part 2 of this Schedule applies to work done pursuant to any Task List agreed between a member of the Very High Cost Case (Crime) Panel and the Lord Chancellor before 2nd December 2013.

(2) Subject to sub-paragraph (3), Part 3 of this Schedule applies to work done pursuant to any Task List agreed between a member of the Very High Cost Case (Crime) Panel and the Lord Chancellor on or after 2nd December 2013.

(3) Part 2 of the Schedule applies 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.

(4) For the purpose of sub-paragraph (3), any adjournment or postponement of a trial which takes place after the trial date is set must be disregarded.

(5) In this paragraph, “Task List” has the meaning given in the contract.

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