The Criminal Defence Service (Funding) Order 2007

Hardship payments

21.—(1) Subject to paragraphs (4) and (5), the appropriate officer may allow a hardship payment to a representative in the circumstances set out in paragraph (2).

(2) Those circumstances are that the representative—

(a) represents the assisted person in proceedings in the Crown Court;

(b) applies for such payment, in such form and manner as the appropriate officer may direct, not less than six months after he was first instructed in those proceedings, or in related proceedings if he was instructed in those proceedings earlier than in the proceedings to which the application relates;

(c) is unlikely to receive final payment in respect of the proceedings, as determined under Schedules 1 or 2, within the three months following the application for the hardship payment; and

(d) satisfies the appropriate officer that, by reason of the circumstance in sub-paragraph (c), he is likely to suffer financial hardship.

(3) Every application for a hardship payment must be accompanied by such information and documents as the appropriate officer may require as evidence of—

(a) the work done by the representative in relation to the proceedings up to the date of the application; and

(b) the likelihood of financial hardship.

(4) The amount of any hardship payment is at the discretion of the appropriate officer, but must not exceed such sum as would be reasonable remuneration for the work done by the representative in the proceedings up to the date of the application.

(5) A hardship payment must not be made if it appears to the appropriate officer that the sum which would be reasonable remuneration for the representative, or the sum required to relieve his financial hardship, is less than £5,000 (excluding VAT).

(6) Where the appropriate officer allows a hardship payment under paragraph (1), he must authorise payment accordingly.

(7) Where the application for a hardship payment is made by an advocate other than an instructed advocate, and the appropriate officer allows a hardship payment under paragraph (1)—

(a) payment must be made to the leading instructed advocate or the led instructed advocate, as appropriate; and

(b) the appropriate officer must notify the advocate who made the application that payment has been made to the instructed advocate.