The Criminal Defence Service (Funding) (Amendment No. 2) Order 2008

Made11th November 2008

Laid before Parliament12th November 2008

Coming into force13th November 2008

The Lord Chancellor makes this Order in exercise of the powers conferred by section 14(3) of the Access to Justice Act 19991.

He has had regard to the matters specified in section 25(3) of that Act and has consulted the General Council of the Bar and the Law Society in accordance with section 25(2) of that Act.

Citation, commencement and application1

1

This Order may be cited as the Criminal Defence Service (Funding) (Amendment No. 2) Order 2008 and comes into force on 13th November 2008.

2

This Order applies where work is undertaken on or after 13th November 2008 by an advocate to whom paragraph 25 of Schedule 2 to the Criminal Defence Service (Funding) Order 20072 applies.

Amendments to the Criminal Defence Service (Funding) Order 2007

2

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

3

For paragraph 25(3) of Schedule 2 substitute—

3
Where such a claim is made, the Commission—
a
must pay the litigator at rates no higher than the rates set out in the tables following this paragraph; and
b
where it considers that there are exceptional circumstances, may pay the litigator such fees as it considers reasonable and has agreed in advance with the litigator in respect of–
i
travelling (in excess of four hours in one day);
ii
accommodation; and
iii
subsistence, up to a maximum of £20 per day.

4

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

Preparation (hourly rates)
Category 1
£
Category 2
£
Category 3
£
Category 4
£
Counsel
QC
152.50
119.00
95.50
95.50
Leading junior
133.00
104.50
83.50
83.50
Led junior
95.50
76.00
65.00
65.00
Junior alone
104.50
85.50
74.00
74.00
2nd led junior
67.00
53.00
46.00
46.00
Solicitor-advocate
Leading level A
152.50
119.00
95.50
95.50
Led level A
133.00
104.50
83.50
83.50
Leading level B
133.00
104.50
83.50
83.50
Led level B
110.00
90.50
69.00
69.00
Level A alone
138.00
115.00
93.50
93.50
Level B alone
116.00
99.50
78.50
78.50
Second
advocate
67.00
53.00
46.00
46.00
Advocacy
Preliminary hearing
£
Half day
£
Full day
£
QC
119.00
250.00
500.00
Leading junior
90.50
205.25
410.50
Led junior
61.00
132.75
265.50
Junior alone
70.00
150.00
300.00
Second led junior
35.50
67.50
135.00
Noter
30.50
57.50
115.00

Preparation (hourly rates)	Category 1 £	Category 2 £	Category 3 £	Category 4 £
Counsel
QC	152.50	119.00	95.50	95.50
Leading junior	133.00	104.50	83.50	83.50
Led junior	95.50	76.00	65.00	65.00
Junior alone	104.50	85.50	74.00	74.00
2nd led junior	67.00	53.00	46.00	46.00
Solicitor-advocate
Leading level A	152.50	119.00	95.50	95.50
Led level A	133.00	104.50	83.50	83.50
Leading level B	133.00	104.50	83.50	83.50
Led level B	110.00	90.50	69.00	69.00
Level A alone	138.00	115.00	93.50	93.50
Level B alone	116.00	99.50	78.50	78.50
Second advocate	67.00	53.00	46.00	46.00

Advocacy	Preliminary hearing £	Half day £	Full day £
QC	119.00	250.00	500.00
Leading junior	90.50	205.25	410.50
Led junior	61.00	132.75	265.50
Junior alone	70.00	150.00	300.00
Second led junior	35.50	67.50	135.00
Noter	30.50	57.50	115.00

Signed by authority of the Lord Chancellor

BachParliamentary Under Secretary of StateMinistry of Justice11th November 2008

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends the Criminal Defence Service (Funding) Order 2007 (S.I. 2007/1174), which provides for the funding and remuneration of services provided under Part 1 of the Access to Justice Act 1999 as part of the Criminal Defence Service. It increases the maximum payments which the Legal Services Commission may make in very high cost criminal cases in which an advocate is instructed who is not a member of a panel for such cases.

A regulatory impact assessment has been prepared for this instrument and is available from Criminal Legal Aid Strategy Division, Ministry of Justice, 102 Petty France, London SW1H 9AJ.