The Criminal Legal Aid (Remuneration) Regulations 2013

PART 3E+WGraduated Fees for Guilty Pleas and Cracked Trials

Scope of Part 3E+W

[F16.—(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.

[F3(2) This Part applies in all cases where the trial is a cracked trial because—

(a)the prosecution offer no evidence on all counts against the defendant and the judge directs that a not guilty verdict be entered; or

(b)after the election by the defendant mentioned in sub-paragraph (1)—

(i)there is a substantive change to a count on the indictment and the defendant pleads guilty; or

[F4(ii)the defendant pleads guilty to one or more counts on the indictment and the prosecution offer no evidence on a remaining count, or otherwise do not proceed to trial on a remaining count.]]]

Textual Amendments

Calculation of graduated fees in guilty pleas and cracked trialsE+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 [F5or the second 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; F6...

F7(ii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)where the case is a trial which cracks in the F8... 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; F9...

F10(ii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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 [F11is that] 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.

Textual Amendments

F6Word in Sch. 1 para. 7(1)(a)(i) omitted (1.4.2018) by virtue of The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2018 (S.I. 2018/220), regs. 1, 12(2)(b) (with reg. 34)

F8Words in Sch. 1 para. 7(1)(b) omitted (1.4.2018) by virtue of The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2018 (S.I. 2018/220), regs. 1, 12(3)(a) (with reg. 34)

F9Word in Sch. 1 para. 7(1)(b)(i) omitted (1.4.2018) by virtue of The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2018 (S.I. 2018/220), regs. 1, 12(3)(b) (with reg. 34)

[F12Basic fees for guilty pleas and cracked trialsE+W

8.  Subject to, and for the purposes of, paragraph 7, in relation to the offence concerned, the basic fee—

(a)where there is a guilty plea, or where the trial cracks in the first third or the second third, is the amount set out in Table A following this paragraph; or

(b)where the trial cracks in the final third, is the amount set out in Table B following this paragraph,

which corresponds with the band within which the offence falls (as set out in column (1) of the relevant table) and the category of the advocate concerned (as set out in columns (2) to (4) of the relevant table).

[F13Table A
Basic fees where there is a guilty plea or where the trial cracks in the first third or the second third
(1) Band of offenceAmount of basic fee per category of trial advocate
(2) Junior Alone or Led Junior(3) Leading Junior(4) Queen’s Counsel
1.1£4,295£6,440£8,585
1.2£2,150£3,220£4,295
1.3£1,290£1,930£2,575
1.4£1,075£1,610£2,145
2.1£4,295£6,440£8,585
2.2£1,290£1,930£2,575
3.1£1,770£2,650£3,535
3.2£1,010£1,515£2,020
3.3£600£900£1,200
3.4£425£640£850
3.5£375£565£750
4.1£1,010£1,515£2,020
4.2£785£1,175£1,565
4.3£760£1,135£1,515
5.1£950£1,425£1,900
5.2£710£1,060£1,415
5.3£505£760£1,010
6.1£4,245£6,365£8,485
6.2£3,850£5,775£7,700
6.3£1,430£2,140£2,855
6.4£505£760£1,010
6.5£405£610£810
7.1£710£1,060£1,415
7.2£405£610£810
7.3£380£570£760
8.1£605£910£1,210
9.1£2,930£4,395£5,860
9.2£2,020£3,030£4,040
9.3£1,515£2,275£3,030
9.4£1,325£1,990£2,650
9.5£810£1,210£1,615
9.6£605£910£1,210
9.7£405£610£810
10.1£1,110£1,665£2,220
11.1£700£1,050£1,400
11.2£400£600£800
12.1£1,060£1,590£2,120
12.2£660£985£1,315
12.3£455£685£910
13.1£900£1,350£1,800
14.1£1,165£1,745£2,325
15.1£810£1,210£1,615
15.2£700£1,050£1,400
15.3£425£640£850
16.1£1,110£1,665£2,220
16.2£810£1,210£1,615
16.3£505£760£1,010
17.1£365£545£725]
[F14Table B
Basic fees where the trial cracks in the final third
(1) Band of offenceAmount of basic fee per category of trial advocate
(2) Junior Alone or Led Junior(3) Leading Junior(4) Queen’s Counsel
1.1£7,295£10,945£14,595
1.2£3,650£5,475£7,300
1.3£2,190£3,285£4,380
1.4£1,825£2,735£3,645
2.1£7,295£10,945£14,595
2.2£2,190£3,285£4,380
3.1£3,005£4,505£6,010
3.2£1,715£2,575£3,435
3.3£1,020£1,530£2,040
3.4£725£1,085£1,445
3.5£640£955£1,275
4.1£1,715£2,575£3,435
4.2£1,330£1,995£2,660
4.3£1,290£1,930£2,575
5.1£1,615£2,425£3,230
5.2£1,205£1,805£2,405
5.3£860£1,290£1,715
6.1£7,210£10,820£14,425
6.2£6,545£9,820£13,090
6.3£2,425£3,640£4,855
6.4£860£1,290£1,715
6.5£690£1,035£1,375
7.1£1,205£1,805£2,405
7.2£690£1,035£1,375
7.3£645£970£1,290
8.1£1,030£1,545£2,055
9.1£4,980£7,470£9,960
9.2£3,435£5,150£6,870
9.3£2,575£3,865£5,150
9.4£2,255£3,380£4,505
9.5£1,375£2,060£2,745
9.6£1,030£1,545£2,055
9.7£690£1,035£1,375
10.1£1,885£2,830£3,775
11.1£1,190£1,785£2,380
11.2£680£1,020£1,360
12.1£1,800£2,705£3,605
12.2£1,120£1,675£2,235
12.3£775£1,160£1,545
13.1£1,530£2,295£3,060
14.1£1,975£2,965£3,955
15.1£1,375£2,060£2,745
15.2£1,190£1,785£2,380
15.3£725£1,085£1,445
16.1£1,885£2,830£3,775
16.2£1,375£2,060£2,745
16.3£860£1,290£1,715
17.1£615£925£1,235]]

Textual Amendments