The Criminal Defence Service (Funding) Order 2007

Proceedings for contempt

13.—(1) Where representation is provided in proceedings referred to in section 12(2)(f) of the Act (proceedings for contempt in the face of a court), the Commission may only fund services as part of the Criminal Defence Service under section 13(2)(b) or 14(2)(b) of the Act.

(2) The provisions of Schedules 1, 2, 3 and 4 do not apply to proceedings referred to in section 12(2)(f) of the Act.

(3) Subject to paragraphs (4) to (11), remuneration for advocates in proceedings referred to in section 12(2)(f) of the Act must be at the rates specified in the table following this paragraph.

Category of advocate	Payment rates (£ per day)
QC	300
Leading junior	225
Led junior or junior acting alone	150

(4) Where an advocate and a litigator are instructed in proceedings referred to in section 12(2)(f) of the Act, remuneration must be at the rates specified in the table following this paragraph, as appropriate to the category of advocate.

Category of advocate	Advocate’s payment rates(£ per day)	Litigator’s payment rates (£ per day)
QC	175	125
Leading junior	125	100
Led junior or junior acting alone	100	50

(5) A litigator, or, in the Court of Appeal, an advocate, may, where he claims remuneration for work done in respect of proceedings referred to in section 12(2)(f) of the Act, claim that there are exceptional circumstances which justify remuneration greater than the standard fee specified in paragraph (3) or paragraph (4).

(6) If the appropriate officer considers that there are such exceptional circumstances, he may allow the litigator, or, in the Court of Appeal, the advocate, such fee as appears to him to be reasonable (having regard to the standard fee) for such work as appears to him to have been reasonably done.

(7) If the appropriate officer considers that there are no such exceptional circumstances, the standard fee must apply.

(8) The fee payable to a litigator under this article must not exceed the rates set out in Schedule 2 as appropriate to the type of work, the court in which the proceedings took place, the grade and the situation of the office of the fee earner who did the work.

(9) In the application of paragraph (8), the rates appropriate to the Crown Court shall apply to proceedings in all courts other than a magistrates’ court.

(10) The fee payable to an advocate in the Court of Appeal under this article must not exceed the maximum basic fee for a junior counsel set out in the Table following paragraph 10 of Schedule 4.

(11) The provisions of articles 5, 6, 19, 23, 24, 29, 30 and 31 apply with the necessary modifications to the remuneration payable to a representative under this article.