SCHEDULE 2Litigators' Graduated Fee Scheme
PART 1Definitions and Scope
Class of Offences3
1
For the purposes of this Schedule—
a
every indictable offence falls within the Class under which it is listed in the F1LGFS Table of Offences and, subject to sub-paragraph (2), indictable offences not specifically so listed are deemed to fall within Class H;
b
conspiracy to commit an indictable offence contrary to section 1 of the Criminal Law Act 1977 M1 (the offence of conspiracy), incitement to commit an indictable offence and attempts to commit an indictable offence contrary to section 1 of the Criminal Attempts Act 1981 M2 (attempting to commit an offence) fall within the same Class as the substantive offence to which they relate;
c
where the F1LGFS Table of Offences specifies that the Class within which an offence falls depends on whether the value involved exceeds a stated limit, the value must be presumed not to exceed that limit unless the litigator making the claim under regulation 5 proves otherwise to the satisfaction of the appropriate officer;
d
where more than one count of the indictment is for an offence in relation to which the Class depends on the value involved, that value must be taken to be the total value involved in all those offences, but where two or more counts relate to the same property, the value of that property must be taken into account once only;
e
where an entry in the F1LGFS Table of Offences specifies an offence as being contrary to a statutory provision, then subject to any express limitation in the entry that entry includes every offence contrary to that statutory provision whether or not the words of description in the entry are appropriate to cover all such offences;
f
where in a case on indictment there is a hearing to determine the question of whether an assisted person is unfit to plead or unfit to stand trial, the litigator must elect whether that hearing falls within the same Class as the indictable offence to which it relates or within Class D;
2
Where a litigator in proceedings in the Crown Court is dissatisfied with the classification within Class H of an indictable offence not listed in the F1LGFS Table of Offences, the litigator may apply to the appropriate officer, when lodging the claim for fees, to reclassify the offence.
3
The appropriate officer must, in light of the objections made by the litigator—
a
confirm the classification of the offence within Class H; or
b
reclassify the offence,
and must notify the litigator of the decision.