2008 No. 957
The Criminal Defence Service (Funding) (Amendment) Order 2008
Made
Laid before Parliament
Coming into force
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 interpretation1
1
This Order may be cited as the Criminal Defence Service (Funding) (Amendment) Order 2008 and comes into force on 24th April 2008.
2
In this Order “the 2007 Order” means the Criminal Defence Service (Funding) Order 20072.
Amendments to the 2007 Order
2
In article 3(6A) of the 2007 Order, after “Cases” insert “, except as provided in paragraph 25 of Schedule 2”.
3
After paragraph 24 of Schedule 2 to the 2007 Order insert—
Very High Cost Cases25
1
This paragraph applies where, in a Very High Cost Case, a litigator instructs an advocate who is not a member of a Very High Cost Case (Crime) Panel, in accordance with the contract.
2
The litigator may claim payment from the Commission in respect of work undertaken by the advocate and authorised in accordance with the contract.
3
Where such a claim is made, the Commission must pay the litigator at rates no higher than the rates set out in the tables following this paragraph.
4
In this paragraph “the contract” means the Very High Cost Case contract for panel members, made between the Commission and panel members and dated 2nd April 20083.
5
In the tables following this paragraph—
a
a reference in the first table to a category is a reference to that category as defined in the contract;
b
a reference in the first table to a level A or B solicitor-advocate is a reference to a level A or B solicitor-advocate as defined in the contract;
c
a reference in the second table to a junior includes a solicitor-advocate.
Preparation (hourly rates)
Category 1
£
Category 2
£
Category 3
£
Category 4
£
Counsel
QC
145
113
91
91
Leading junior
127
100
79
79
Led junior
91
73
61
61
Junior alone
100
82
70
70
2nd led junior
63
50
43
43
Solicitor-advocate
Leading level A
145
113
91
91
Led level A
127
100
79
79
Leading level B
127
100
79
79
Led level B
104
86
66
66
Level A alone
131
109
88
88
Level B alone
113
95
75
75
Second advocate
63
50
43
43
Advocacy
Preliminary hearing
£
Half day
£
Full day
£
QC
113
238
476
Leading junior
86
195
390
Led junior
58
126
252
Junior alone
67
143
285
Second led junior
34
64
128
Noter
29
55
109
Travelling, waiting and mileage
£25 per hour for travelling (up to a maximum of four hours in one day) or waiting
£0.45 per mile for mileage
Signed by authority of the Lord Chancellor
(This note is not part of the Order)