The Criminal Legal Aid (Remuneration) Regulations 2013

PART 3 E+W Graduated Fees for Guilty Pleas and Cracked Trials

Scope of Part 3 E+W

[F1 6.— (1) Subject to sub-paragraph (2) and to paragraph 22, this Part does not apply to a case F2 ... sent for trial to the Crown Court on the election of a defendant where the magistrates’ court has determined the case to be suitable for a summary trial.

(2) This Part applies in all cases where the trial is a cracked trial because the prosecution offer no evidence on all counts against a defendant and the judge directs that a not guilty verdict be entered.]

Textual Amendments

F1 Sch. 1 para. 6 substituted (2.10.2014) by The Criminal Legal Aid (Remuneration) (Amendment) (No.2) Regulations 2014 (S.I. 2014/2422), regs. 1(1), 2(6)(a) (with reg. 3)

F2 Words in Sch. 1 para. 6(1) omitted (5.10.2015) by virtue of The Civil and Criminal Legal Aid (Amendment) (No.2) Regulations 2015 (S.I. 2015/1678), regs. 1(2)(a), 5(2)(f) (with reg. 10(1))

Calculation of graduated fees in guilty pleas and cracked trials E+W

7.—(1) The amount of the graduated fee for a single trial advocate representing one assisted person in a guilty plea or cracked trial is—

(a) where the case is a guilty plea or a trial which cracks in the first third—

(i) the basic fee specified in Table A following paragraph 8 as appropriate to the offence with which the assisted person is charged, and the category of trial advocate; and

(ii) the evidence uplift, as appropriate to the number of pages of prosecution evidence, calculated in accordance with that table; and

(b) where the case is a trial which cracks in the second or last third—

(i) the basic fee specified in Table B following paragraph 8 as appropriate to the offence with which the assisted person is charged and the category of trial advocate; and

(ii) the evidence uplift, as appropriate to the number of pages of prosecution evidence, calculated in accordance with that table.

(2) Where—

(a) the trial of a case does not commence on the date first fixed; or

(b) the case is not taken and disposed of from the first warned list in which it is entered,

the basic fee and evidence uplift for the offence are those specified for the last third in Table B following paragraph 8.

(3) In this paragraph, and in the tables following paragraph 8, references to the first, second and last third are references to the first, second and last third—

(a) where a case is first listed for trial on a fixed date, of the period of time beginning with the day after the date on which the case is so listed and ending with the day before the date so fixed;

(b) where the case is first placed in a warned list, of the period of time beginning with the day after the date on which the case is so placed and ending with the day before the date of the start of that warned list,

and where the number of days in this period of time cannot be divided by three equally, any days remaining after such division must be added to the last third.

(4) Where a graduated fee is calculated in accordance with this Part for the purposes of paragraph 2(3), the fee must be calculated as if the trial had cracked in the last third.

Tables of fees E+W

8.  Subject to paragraph 7, the basic fee and evidence uplift appropriate to any offence are specified in the tables following this paragraph in accordance with the Class within which that offence falls, the category of trial advocate and whether the case is a guilty plea, a trial which cracks in the first third or a trial which cracks in the second or last third.

Table A – Fees and uplifts in guilty pleas and trials which crack in the first third

Class of Offence	Basic Fee (£)	Evidence uplift per page of prosecution evidence (pages 1 to 1,000) (£)	Evidence uplift per page of prosecution evidence (1,001 to 10,000) (£)
QC
A	1,714	2.85	1.43
B	1,305	1.8	0.90
C	1,224	1.28	0.64
D	1,305	2.85	1.43
E	1,081	0.92	0.46
F	1,081	1.20	0.61
G	1,081	1.20	0.61
H	1,224	1.65	0.82
I	1,224	1.61	0.80
J	1,714	2.85	1.43
K	1,714	1.59	0.80
Leading Junior
A	1,285	2.15	1.07
B	979	1.35	0.67
C	918	0.96	0.48
D	979	2.15	1.07
E	811	0.69	0.35
F	811	0.90	0.46
G	811	0.90	0.46
H	918	1.24	0.61
I	918	1.21	0.60
J	1,285	2.15	1.07
K	1,285	1.19	0.60
Led Junior
A	857	1.43	0.72
B	653	0.90	0.45
C	612	0.64	0.32
D	653	1.43	0.72
E	541	0.46	0.23
F	541	0.61	0.30
G	541	0.61	0.30
H	612	0.83	0.42
I	612	0.80	0.40
J	857	1.43	0.72
K	857	0.80	0.40
Junior Alone
A	979	1.19	0.59
B	694	0.81	0.41
C	449	0.60	0.30
D	694	1.19	0.59
E	408	0.35	0.17
F	408	0.54	0.27
G	408	0.54	0.27
H	490	0.54	0.28
I	571	0.42	0.22
J	979	1.19	0.59
K	979	1.02	0.51

Table B – Fees and uplifts in trials which crack in the second or last third

Class of Offence	Basic Fee (£)	Evidence uplift per page of prosecution evidence (pages 1 to 250) (£)	Evidence uplift per page of prosecution evidence (pages 251 to 1,000) (£)	Evidence uplift per page of prosecution evidence (pages 1,001 to 10,000) (£)
QC
A	2,324	5.07	1.27	1.68
B	1,743	3.20	0.80	1.06
C	1,520	2.27	0.57	0.75
D	1,743	5.07	1.27	1.68
E	1,232	1.63	0.41	0.54
F	1,232	2.14	0.54	0.71
G	1,232	2.14	0.54	0.71
H	1,540	2.93	0.73	0.96
I	1,598	2.87	0.71	0.94
J	2,324	5.07	1.27	1.68
K	2,324	2.83	0.71	0.94
Leading Junior
A	1,744	3.80	0.95	1.26
B	1,307	2.40	0.60	0.80
C	1,140	1.70	0.43	0.56
D	1,307	3.80	0.95	1.26
E	924	1.22	0.31	0.41
F	924	1.60	0.41	0.53
G	924	1.60	0.41	0.53
H	1,155	2.20	0.54	0.72
I	1,198	2.14	0.53	0.71
J	1,744	3.80	0.95	1.26
K	1,744	2.13	0.53	0.71
Led Junior
A	1,162	2.54	0.64	0.84
B	871	1.60	0.40	0.53
C	760	1.14	0.28	0.37
D	871	2.54	0.64	0.84
E	616	0.82	0.20	0.27
F	616	1.07	0.27	0.36
G	616	1.07	0.27	0.36
H	770	1.46	0.37	0.48
I	798	1.43	0.36	0.48
J	1,162	2.54	0.64	0.84
K	1,162	1.42	0.36	0.47
Junior Alone
A	1,307	4.52	2.10	0.69
B	908	3.11	1.45	0.48
C	581	2.31	1.07	0.36
D	808	4.52	2.10	0.69
E	508	1.34	0.63	0.20
F	508	2.08	0.96	0.32
G	508	2.08	0.96	0.32
H	618	2.08	0.97	0.32
I	726	1.63	0.76	0.25
J	1,307	4.52	2.10	0.69
K	1,234	3.91	1.82	0.60