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Regulation 5

SCHEDULE 2E+WLitigators' Graduated Fee Scheme

PART 1E+WDefinitions and Scope

InterpretationE+W

1.—(1) In this Schedule—

“case” means proceedings in the Crown Court against any one assisted person—

(a)

on one or more counts of a single indictment;

(b)

arising out of a single notice of appeal against conviction or sentence, or a single committal for sentence, whether on one or more charges; or

(c)

arising out of a single alleged breach of an order of the Crown Court,

and a case falling within paragraph (c) must be treated as a separate case from the proceedings in which the order was made;

“cracked trial” means a case on indictment in which—

(a)

a plea and case management hearing takes place and—

(i)

the case does not proceed to trial (whether by reason of pleas of guilty or for other reasons) or the prosecution offers no evidence; and

(ii)

either—

(aa)

in respect of one or more counts to which the assisted person pleaded guilty, the assisted person did not so plead at the plea and case management hearing; or

(bb)

in respect of one or more counts which did not proceed, the prosecution did not, before or at the plea and case management hearing, declare an intention of not proceeding with them; or

(b)

the case is listed for trial without a plea and case management hearing taking place;

“guilty plea” means a case on indictment which—

(a)

is disposed of without a trial because the assisted person pleaded guilty to one or more counts; and

(b)

is not a cracked trial;

“main hearing” means—

(a)

in relation to a case which goes to trial, the trial;

(b)

in relation to a guilty plea, the hearing at which pleas are taken or, where there is more than one such hearing, the last such hearing;

(c)

in relation to a cracked trial, the hearing at which—

(i)

the case becomes a cracked trial by meeting the conditions in the definition of a cracked trial, whether or not any pleas were taken at that hearing; or

(ii)

a formal verdict of not guilty was entered as a result of the prosecution offering no evidence, whether or not the parties attended the hearing;

(d)

in relation to an appeal against conviction or sentence in the Crown Court, the hearing of the appeal;

(e)

in relation to proceedings arising out of a committal for sentence in the Crown Court, the sentencing hearing; and

(f)

in relation to proceedings arising out of an alleged breach of an order of the Crown Court, the hearing at which those proceedings are determined;

“Newton Hearing” means a hearing at which evidence is heard for the purpose of determining the sentence of a convicted person in accordance with the principles of R v Newton (1982) 77 Cr App R 13;

“PPE Cut-off” means the minimum number of pages of prosecution evidence for use in calculating the fee payable to a litigator under this Schedule, as set out in the tables following paragraph 5(1) and (2).

(2) For the purposes of this Schedule, the number of pages of prosecution evidence served on the court must be determined in accordance with sub-paragraphs (3) to (5).

(3) The number of pages of prosecution evidence includes all—

(a)witness statements;

(b)documentary and pictorial exhibits;

(c)records of interviews with the assisted person; and

(d)records of interviews with other defendants,

which form part of the committal or served prosecution documents or which are included in any notice of additional evidence.

(4) Subject to sub-paragraph (5), a document served by the prosecution in electronic form is included in the number of pages of prosecution evidence.

(5) A documentary or pictorial exhibit which—

(a)has been served by the prosecution in electronic form; and

(b)has never existed in paper form,

is not included within the number of pages of prosecution evidence unless the appropriate officer decides that it would be appropriate to include it in the pages of prosecution evidence taking into account the nature of the document and any other relevant circumstances.

(6) In proceedings on indictment in the Crown Court initiated otherwise than by committal for trial, the appropriate officer must determine the number of pages of prosecution evidence in accordance with sub-paragraphs (2) to (5) or as nearly in accordance with those sub-paragraphs as possible as the nature of the case permits.

(7) A reference to the Table of Offences in this Schedule is to the Table of Offences in Part 7 of Schedule 1 and a reference to a Class of Offence in this Schedule is to the Class in which that offence is listed in the Table of Offences.

ApplicationE+W

2.—(1) Subject to sub-paragraphs (2) to (7), this Schedule applies to—

(a)every case on indictment;

(b)the following proceedings in the Crown Court—

(i)an appeal against conviction or sentence from the magistrates' court;

(ii)a sentencing hearing following a committal for sentence to the Crown Court;

(iii)proceedings arising out of an alleged breach of an order of the Crown Court (whether or not this Schedule applies to the proceedings in which the order was made);

(c)a sentencing hearing following a case on indictment to which this Schedule applies, where sentence has been deferred under section 1 of the Powers of Criminal Courts (Sentencing) Act 2000 M1 (deferment of sentence);

(d)any other post-sentence hearing.

(2) Sub-paragraph (3) applies where proceedings are—

(a)sent for trial to the Crown Court; or

(b)transferred to the Crown Court under—

(i)section 4 of the Criminal Justice Act 1987 M2 (transfer of serious fraud cases); or

(ii)section 53 of the Criminal Justice Act 1991 M3 (transfer of certain cases involving children).

(3) Where, at any time after proceedings are sent or transferred to the Crown Court as referred to in sub-paragraph (2), they are—

(a)discontinued by a notice served under section 23A of the Prosecution of Offences Act 1985 M4 (discontinuance of proceedings after accused has been sent for trial); or

(b)dismissed pursuant to—

(i)paragraph 2 of Schedule 3 to the Crime and Disorder Act 1998 M5 (applications for dismissal);

(ii)section 6 of the Criminal Justice Act 1987 (applications for dismissal); or

(iii)paragraph 5 of Schedule 6 to the Criminal Justice Act 1991 (applications for dismissal),

the provisions of paragraphs 21 and 22 apply.

(4) Where, following a case on indictment, a Newton hearing takes place—

(a)for the purposes of this Schedule the case is to be treated as having gone to trial;

(b)the length of the trial is to be taken to be the combined length of the main hearing and the Newton hearing; and

(c)the provisions of this Schedule relating to cracked trials and guilty pleas will not apply.

(5) For the purposes of this Schedule, a case on indictment which discontinues at or before the plea and case management hearing otherwise than—

(a)by reason of a plea of guilty being entered; or

(b)in accordance with sub-paragraph (3),

must be treated as a guilty plea.

(6) For the purposes of this Schedule, where a trial that is not a Very High Cost Case (in relation to fees claimed by litigators) lasts over 200 days, it must be treated as if it had lasted 200 days.

(7) For the purposes of this Schedule, where the number of pages of prosecution evidence in a case which is not a Very High Cost Case (in relation to fees claimed by litigators) exceeds—

(a)the PPE Cut-off figure specified in the table following paragraph 5(2) as appropriate to the offence for which the assisted person is to be tried and the length of trial; and

(b)10,000,

the case must be treated as though it had 10,000 pages of prosecution evidence.

Marginal Citations

M21987 c. 38. Section 4 was repealed by the Criminal Justice Act 2003 (c. 44), sections 41, 332, Schedule 3, Part 2, Paragraphs 58(1) and (2) and Schedule 37, Part 4, which repeal is in force for certain purposes and will take effect in full from a date to be appointed.

M31991 c. 53. Section 53 was repealed by the Criminal Justice Act 2003 (c. 44), sections 41, 332, Schedule 3, Part 2, Paragraphs 62(1) and (2) and Schedule 37, Part 4, which repeal is in force for certain purposes and will take effect in full from a date to be appointed

M41985 c. 23. Section 23A was inserted by section 119 of the Crime and Disorder Act 1998 (c. 37).

Class of OffencesE+W

3.—(1) For the purposes of this Schedule—

(a)every indictable offence falls within the Class under which it is listed in the Table of Offences and, subject to sub-paragraph (2), indictable offences not specifically so listed are deemed to fall within Class H;

(b)conspiracy to commit an indictable offence contrary to section 1 of the Criminal Law Act 1977 M6 (the offence of conspiracy), incitement to commit an indictable offence and attempts to commit an indictable offence contrary to section 1 of the Criminal Attempts Act 1981 M7 (attempting to commit an offence) fall within the same Class as the substantive offence to which they relate;

(c)where the Table of Offences specifies that the Class within which an offence falls depends on whether the value involved exceeds a stated limit, the value must be presumed not to exceed that limit unless the litigator making the claim under regulation 5 proves otherwise to the satisfaction of the appropriate officer;

(d)where more than one count of the indictment is for an offence in relation to which the Class depends on the value involved, that value must be taken to be the total value involved in all those offences, but where two or more counts relate to the same property, the value of that property must be taken into account once only;

(e)where an entry in the Table of Offences specifies an offence as being contrary to a statutory provision, then subject to any express limitation in the entry that entry includes every offence contrary to that statutory provision whether or not the words of description in the entry are appropriate to cover all such offences;

(f)where in a case on indictment there is a hearing to determine the question of whether an assisted person is unfit to plead or unfit to stand trial, the litigator must elect whether that hearing falls within the same Class as the indictable offence to which it relates or within Class D;

(g)where in a case on indictment a restriction order is made under section 41 of the Mental Health Act 1983 M8 (power of higher courts to restrict discharge from hospital), the offence falls within Class A, regardless of the Class under which the offence would be listed in the Table of Offences, but for this paragraph.

(2) Where a litigator in proceedings in the Crown Court is dissatisfied with the classification within Class H of an indictable offence not listed in the Table of Offences, the litigator may apply to the appropriate officer, when lodging the claim for fees, to reclassify the offence.

(3) The appropriate officer must, in light of the objections made by the litigator—

(a)confirm the classification of the offence within Class H; or

(b)reclassify the offence,

and must notify the litigator of the decision.

Marginal Citations

PART 2E+WGraduated Fees for Guilty Pleas, Cracked Trials and Trials

ScopeE+W

[F14.—(1) Subject to sub-paragraph (2) and to paragraph 21, this Part does not apply to a guilty plea or cracked trial in a case committed or 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 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

Pages of Prosecution EvidenceE+W

5.—(1) For the purposes of this Part, the PPE Cut-off figures in a cracked trial or guilty plea are specified in the table following this sub-paragraph, as appropriate to the offence with which the assisted person is charged.

PPE Cut-off figures in cracked trials and guilty pleas
Class of Offence
Type of caseABCDEFGHIJK
Cracked trial or guilty plea80704080405050404080120

(2) For the purposes of this Part, the PPE Cut-off figures in a trial are specified in the table following this sub-paragraph, as appropriate to the offence for which the assisted person is tried and the length of trial.

PPE Cut-off figures in trials
Trial length in daysPPE Cut offPPE Cut offPPE Cut offPPE Cut offPPE Cut offPPE Cut offPPE Cut offPPE Cut offPPE Cut offPPE Cut offPPE Cut off
ABCDEFGHIJK
180704080405050404080120
280704080405050404080120
395105819512013813812213495186
4126139120126158173173157185126252
5156170157156195206206191232156314
6186203193186229240240225281186372
7218238230218265276276260329218433
8257274267257301310310301376257495
9293306301293333342342338420293550
10330338339330365373373374464330606
11367370378367399405405412509367663
12404402417404433437437449554404721
13440434455440467470470486598440779
14477465493477500501501523642477836
15514497531514532533533559686514894
16551535569551565564564596730551951
175875736075875985965966377745871,007
186246116466246466276276878186241,063
196616496846616966596597368626611,119
206976877226977466906907869076971,174
217427227537427877207208269437421,230
227867577857868287527528679807861,286
238307928198308687847849081,0178301,341
248748268578749088168169481,0538741,396
259178608949179488488489881,0889171,451
269618959319619888808801,0281,1249611,505
271,0059359671,0051,0289129121,0681,1601,0051,560
281,0499751,0041,0491,0689449441,1071,1961,0491,615
291,0991,0161,0411,0991,1089769761,1471,2311,0991,670
301,1501,0571,0771,1501,1481,0071,0071,1871,2671,1501,725
311,2001,0981,1141,2001,1881,0391,0391,2261,3031,2001,780
321,2511,1381,1511,2511,2281,0701,0701,2661,3491,2511,835
331,3011,1791,1871,3011,2681,1021,1021,3071,3941,3011,889
341,3521,2201,2241,3521,3081,1331,1331,3571,4391,3521,944
351,4021,2611,2621,4021,3471,1651,1651,4071,4851,4021,999
361,4531,3021,3031,4531,4351,1961,1961,4571,5301,4532,054
371,5031,3481,3451,5031,5261,2281,2281,5071,5751,5032,109
381,5541,3951,3861,5541,6171,2591,2591,5571,6211,5542,164
391,6041,4411,4281,6041,7081,2911,2911,6071,6661,6042,219
401,6521,4841,4441,6521,7451,3141,3141,6291,7041,6522,271
411,7001,5271,4611,7001,7821,3381,3381,6511,7421,7002,324
421,7481,5701,4771,7481,8201,3611,3611,6731,7801,7482,377
431,7961,6131,4941,7961,8571,3841,3841,6951,8181,7962,430
441,8441,6561,5111,8441,8951,4101,4101,7161,8561,8442,483
451,8921,6991,5271,8921,9321,4401,4401,7381,8941,8922,536
461,9391,7421,5441,9391,9701,4701,4701,7601,9321,9392,589
471,9871,7851,5601,9872,0071,5011,5011,7821,9701,9872,642
482,0391,8281,5772,0392,0451,5311,5311,8042,0082,0392,695
492,0911,8711,5942,0912,0821,5611,5611,8262,0462,0912,749
502,1441,9141,6102,1442,1201,5911,5911,8482,0842,1442,802
512,1961,9571,6272,1962,1581,6221,6221,8702,1222,1962,855
522,2492,0001,6442,2492,1951,6521,6521,8922,1602,2492,908
532,3012,0431,6602,3012,2331,6821,6821,9142,1982,3012,962
542,3542,0861,6772,3542,2711,7121,7121,9362,2362,3543,015
552,4062,1291,6942,4062,3081,7431,7431,9582,2752,4063,068
562,4592,1721,7102,4592,3461,7731,7731,9802,3132,4593,121
572,5122,2151,7272,5122,3841,8031,8032,0022,3512,5123,175
582,5642,2581,7442,5642,4221,8331,8332,0242,3892,5643,228
592,6172,3011,7602,6172,4591,8641,8642,0462,4272,6173,281
602,6692,3451,7772,6692,4971,8941,8942,0682,4652,6693,335
612,7222,3881,7942,7222,5351,9241,9242,0902,5032,7223,388
622,7752,4311,8112,7752,5721,9591,9592,1122,5422,7753,442
632,8272,4741,8272,8272,6102,0202,0202,1342,5802,8273,495
642,8802,5171,8442,8802,6482,0812,0812,1562,6182,8803,549
652,9332,5611,8612,9332,6862,1412,1412,1782,6562,9333,602
662,9852,6041,8772,9852,7232,2022,2022,2002,6942,9853,656
673,0382,6471,8943,0382,7612,2632,2632,2222,7763,0383,709
683,0912,6901,9113,0912,7992,3232,3232,2442,8653,0913,763
693,1442,7341,9273,1442,8362,3842,3842,2662,9543,1443,816
703,1962,7771,9443,1962,8742,4452,4452,2883,0433,1963,870
713,2492,8201,9613,2492,9122,5062,5062,3103,1323,2493,923
723,3022,8641,9783,3022,9502,5662,5662,3323,2213,3023,977
733,3552,9071,9943,3552,9872,6272,6272,3543,3103,3554,031
743,4072,9502,0163,4073,0252,6882,6882,3763,3993,4074,084
753,4602,9942,0403,4603,0632,7492,7492,3983,4883,4604,138
763,5133,0372,0643,5133,1012,8092,8092,4203,5773,5134,192
773,5663,0802,0893,5663,1382,8702,8702,4423,6663,5664,245
783,6193,1242,1133,6193,1762,9312,9312,4643,7553,6194,299
793,6723,1672,1373,6723,2142,9922,9922,4863,8443,6724,353
803,7243,2112,1613,7243,2513,0523,0522,5083,9333,7244,406
813,7773,2542,1853,7773,2893,1133,1132,5304,0233,7774,460
823,8303,2972,2103,8303,3273,1743,1742,5524,1123,8304,514
833,8833,3412,2343,8833,3653,2353,2352,5754,2013,8834,568
843,9363,3842,2583,9363,4023,2953,2952,5974,2903,9364,622
853,9893,4282,2823,9893,4403,3563,3562,6194,3793,9894,675
864,0423,4712,3074,0423,4783,4173,4172,6414,4694,0424,729
874,0953,5152,3314,0953,5163,4783,4782,6634,5584,0954,783
884,1483,5582,3554,1483,5533,5393,5392,6854,6474,1484,837
894,2013,6022,3794,2013,5913,5993,5992,7074,7374,2014,891
904,2543,6452,4044,2543,6293,6603,6602,7294,8264,2544,945
914,3073,6892,4284,3073,6663,7213,7212,7514,9154,3074,999
924,3603,7332,4524,3603,7043,7823,7822,7745,0054,3605,053
934,4133,7762,4774,4133,7423,8433,8432,7965,0944,4135,107
944,4663,8202,5014,4663,7803,9033,9032,8185,1834,4665,161
954,5193,8632,5254,5193,8173,9643,9642,8405,2734,5195,215
964,5723,9072,5494,5723,8554,0254,0252,8625,3624,5725,269
974,6253,9512,5744,6253,8934,0864,0862,8845,4524,6255,323
984,6793,9942,5984,6793,9304,1474,1472,9065,5414,6795,377
994,7324,0382,6224,7323,9684,2074,2072,9295,6314,7325,431
1004,7854,0822,6474,7854,0064,2684,2682,9515,7204,7855,485
1014,8384,1252,6714,8384,0444,3294,3292,9735,8104,8385,539
1024,8914,1692,6954,8914,0814,3904,3902,9955,8994,8915,593
1034,9444,2132,7204,9444,1194,4514,4513,0325,9894,9445,647
1044,9974,2572,7444,9974,1574,5124,5123,0736,0794,9975,702
1055,0514,3002,7685,0514,1954,5734,5733,1146,1685,0515,756
1065,1044,3442,7935,1044,2324,6334,6333,1556,2585,1045,810
1075,1574,3882,8175,1574,2704,6944,6943,1966,3485,1575,864
1085,2104,4322,8415,2104,3084,7554,7553,2376,4375,2105,918
1095,2644,4752,8665,2644,3454,8164,8163,2786,5275,2645,973
1105,3174,5192,8905,3174,3834,8774,8773,3196,6175,3176,027
1115,3704,5632,9145,3704,4214,9384,9383,3616,7065,3706,081
1125,4234,6072,9395,4234,4594,9994,9993,4026,7965,4236,135
1135,4774,6502,9635,4774,4965,0595,0593,4436,8865,4776,189
1145,5304,6942,9875,5304,5345,1205,1203,4846,9765,5306,244
1155,5834,7383,0125,5834,5725,1815,1813,5257,0665,5836,298
1165,6374,7823,0365,6374,6105,2425,2423,5667,1555,6376,352
1175,6904,8263,0605,6904,6475,3035,3033,6077,2455,6906,406
1185,7434,8693,0855,7434,6855,3645,3643,6487,3355,7436,460
1195,7974,9133,1095,7974,7235,4255,4253,6897,4255,7976,514
1205,8504,9573,1335,8504,7605,4865,4863,7307,5155,8506,569
1215,9045,0013,1585,9044,7985,5475,5473,7717,6055,9046,623
1225,9565,0443,1825,9564,8365,6075,6073,8127,6935,9566,677
1236,0095,0883,2066,0094,8745,6685,6683,8537,7826,0096,731
1246,0615,1313,2306,0614,9115,7295,7293,8957,8716,0616,785
1256,1145,1753,2546,1144,9495,7895,7893,9367,9596,1146,839
1266,1675,2183,2786,1674,9875,8505,8503,9778,0486,1676,892
1276,2195,2613,3026,2195,0255,9115,9114,0178,1376,2196,945
1286,2725,3043,3266,2725,0625,9715,9714,0588,2256,2726,999
1296,3245,3473,3506,3245,1006,0326,0324,0988,3146,3247,052
1306,3775,3903,3746,3775,1386,0936,0934,1398,4036,3777,106
1316,4305,4333,3986,4305,1756,1536,1534,1798,4916,4307,159
1326,4825,4763,4226,4825,2136,2146,2144,2198,5806,4827,212
1336,5355,5203,4466,5355,2516,2746,2744,2608,6696,5357,266
1346,5885,5633,4706,5885,2896,3356,3354,3008,7576,5887,319
1356,6405,6063,4946,6405,3266,3966,3964,3418,8466,6407,373
1366,6935,6493,5186,6935,3646,4566,4564,3818,9356,6937,426
1376,7455,6923,5426,7455,4026,5176,5174,4229,0236,7457,479
1386,7985,7353,5666,7985,4396,5786,5784,4629,1126,7987,533
1396,8515,7783,5906,8515,4776,6386,6384,5039,2016,8517,586
1406,9035,8213,6146,9035,5156,6996,6994,5439,2896,9037,639
1416,9565,8643,6386,9565,5536,7606,7604,5849,3786,9567,693
1427,0085,9083,6627,0085,5906,8206,8204,6249,4677,0087,746
1437,0615,9513,6867,0615,6286,8816,8814,6649,5557,0617,800
1447,1145,9943,7097,1145,6666,9426,9424,7059,6447,1147,853
1457,1666,0373,7337,1665,7047,0027,0024,7459,7337,1667,906
1467,2196,0803,7577,2195,7417,0637,0634,7869,8217,2197,960
1477,2726,1233,7817,2725,7797,1247,1244,8269,9107,2728,013
1487,3246,1663,8057,3245,8177,1847,1844,8679,9997,3248,067
1497,3776,2093,8297,3775,8547,2457,2454,90710,0877,3778,120
1507,4296,2523,8537,4295,8927,3057,3054,94810,1767,4298,173
1517,4826,2963,8777,4825,9307,3667,3664,98810,2657,4828,227
1527,5356,3393,9017,5355,9687,4277,4275,02910,3537,5358,280
1537,5876,3823,9257,5876,0057,4877,4875,06910,4427,5878,333
1547,6406,4253,9497,6406,0437,5487,5485,11010,5317,6408,387
1557,6926,4683,9737,6926,0817,6097,6095,150106197,6928,440
1567,7456,5113,9977,7456,1197,6697,6695,19010,7087,7458,494
1577,7986,5544,0217,7986,1567,7307,7305,23110,7977,7988,547
1587,8506,5974,0457,8506,1947,7917,7915,27110,8857,8508,600
1597,9036,6414,0697,9036,2327,8517,8515,31210,9747,9038,654
1607,9566,6844,0937,9566,2697,9127,9125,35211,0637,9568,707
1618,0086,7274,1178,0086,3077,9737,9735,39311,1518,0088,760
1628,0616,7704,1418,0616,3458,0338,0335,43311,2408,0618,814
1638,1136,8134,1658,1136,3838,0948,0945,47411,3298,1138,867
1648,1666,8564,1898,1666,4208,1558,1555,51411,4178,1668,921
1658,2196,8994,2138,2196,4588,2158,2155,55511,5068,2198,974
1668,2716,9424,2378,2716,4968,2768,2765,59511,5958,2719,027
1678,3246,9854,2618,3246,5348,3378,3375,63611,6838,3249,081
1688,3767,0294,2858,3766,5718,3978,3975,67611,7728,3769,134
1698,4297,0724,3098,4296,6098,4588,4585,71611,8618,4299,188
1708,4827,1154,3338,4826,6478,5188,5185,75711,9498,4829,241
1718,5347,1584,3578,5346,6848,5798,5795,79712,0388,5349,294
1728,5877,2014,3808,5876,7228,6408,6405,83812,1278,5879,348
1738,6397,2444,4048,6396,7608,7008,7005,87812,2158,6399,401
1748,6927,2874,4288,6926,7988,7618,7615,91912,3048,6929,454
1758,7457,3304,4528,7456,8358,8228,8225,95912,3938,7459,508
1768,7977,3734,4768,7976,8738,8828,8826,00012,4818,7979,561
1778,8507,4174,5008,8506,9118,9438,9436,04012,5708,8509,615
1788,9037,4604,5248,9036,9489,0049,0046,08112,6598,9039,668
1798,9557,5034,5488,9556,9869,0649,0646,12112,7478,9559,721
1809,0087,5464,5729,0087,0249,1259,1256,16212,8369,0089,775
1819,0607,5894,5969,0607,0629,1869,1866,20212,9259,0609,828
1829,1137,6324,6209,1137,0999,2469,2466,24213,0139,1139,881
1839,1667,6754,6449,1667,1379,3079,3076,28313,1029,1669,935
1849,2187,7184,6689,2187,1749,3689,3686,32313,1919,2189,988
1859,2717,7624,6929,2717,2119,4289,4286,36413,2799,27110,042
1869,3237,8054,7169,3237,2489,4899,4896,40413,3689,32310,095
1879,3767,8484,7409,3767,2859,5499,5496,44513,4579,37610,148
1889,4297,8914,7649,4297,3229,6109,6106,48513,5459,42910,202
1899,4817,9344,7889,4817,3609,6719,6716,52613,6349,48110,255
1909,5347,9774,8129,5347,3979,7319,7316,56613,7239,53410,309
1919,5878,0204,8369,5877,4349,7929,7926,60713,8119,58710,362
1929,6398,0634,8609,6397,4719,8539,8536,64713,9009,63910,415
1939,6928,1064,8849,6927,5089,9139,9136,68713,9889,69210,469
1949,7448,1504,9089,7447,5459,9749,9746,72814,0779,74410,522
1959,7978,1934,9329,7977,58210,03510,0356,76814,1669,79710,575
1969,8508,2364,9569,8507,62010,09510,0956,80914,2549,85010,629
1979,9028,2794,9809,9027,65710,15610,1566,84914,3439,90210,682
1989,9558,3225,0049,9557,69410,21710,2176,89014,4329,95510,736
19910,0078,3655,02810,0077,73110,27710,2776,93014,52010,00710,789
20010,0608,4085,05110,0607,76810,33810,3386,97114,60910,06010,842

Cracked trial or guilty plea where the number of pages of prosecution evidence is less than or equal to the PPE Cut-offE+W

6.—(1) Where in a cracked trial or guilty plea the number of pages of prosecution evidence is less than or equal to the PPE Cut-off specified in the table following paragraph 5(1) as appropriate to the Class of Offence with which the assisted person is charged, the total fee payable to the litigator is—

(a)the basic fee, calculated in accordance with the table following sub-paragraph (2) of this paragraph;

(b)the defendant uplift, if any, calculated in accordance with the table following paragraph 12; and

(c)the adjustment for transfers and retrials, if any, calculated in accordance with paragraph 13.

(2) For the purposes of sub-paragraph (1), the basic fee appropriate to a cracked trial or a guilty plea is specified in the table following this sub-paragraph, in accordance with the type of case and Class of Offence with which the assisted person is charged.

Basic fees for cracked trials and guilty pleas (£)
[F2Class of Offence
Type of caseABCDEFGHIJK
Cracked trial817.84641.15474.52776.94210.69202.72202.72214.28229.35817.84699.66
Guilty plea615.14502.79400.44584.38166.99177.04177.04172.66157.86615.14579.39]

Textual Amendments

Trial where the number of pages of prosecution evidence is less than or equal to the PPE Cut-offE+W

7.—(1) Where in a trial the number of pages of prosecution evidence is less than or equal to the PPE Cut-off specified in the table following paragraph 5(2)  as appropriate to the offence for which the assisted person is tried and the length of trial, the total fee payable to the litigator is—

(a)the basic fee, calculated in accordance with the table following sub-paragraph (2);

(b)the length of trial proxy, if any, calculated in accordance with the table following sub-paragraph (3);

(c)the defendant uplift, if any, calculated in accordance with the table following paragraph 12; and

(d)the adjustment for transfers and retrials, if any, calculated in accordance with paragraph 13.

(2) For the purposes of sub-paragraph (1), the basic fee appropriate to a trial is specified in the table following this sub-paragraph, in accordance with the offence for which the assisted person is tried.

Basic fees for trials (£)
[F3Class of Offence
Type of caseABCDEFGHIJK
Trial1,326.86992.41668.671,260.51318.90323.31323.31323.44323.171,326.86932.88]

(3) For the purposes of sub-paragraph (1), the length of trial proxy is specified in the table following this sub-paragraph, in accordance with the offence for which the assisted person is tried and the length of trial.

Length of Trial Proxy
[F4Trial Length in DaysTrial length proxy ATrial length proxy BTrial length proxy CTrial length proxy DTrial length proxy ETrial length proxy FTrial length proxy GTrial length proxy HTrial length proxy ITrial length proxy JTrial length proxy K
100000000000
200000000000
3228.33409.46391.03216.92647.86583.09583.09636.22779.69228.33519.07
4695.97795.30762.47661.17934.54812.58812.58912.991,194.26695.971,031.25
51,140.221,161.861,115.321,083.221,206.861,030.601,030.601,175.921,588.101,140.221,517.83
61,592.291,533.351,465.741,512.691,462.041,253.491,253.491,436.681,989.581,592.291,971.90
72,037.741,900.641,818.191,935.861,731.771,476.261,476.261,699.292,384.722,037.742,453.09
82,483.192,267.902,170.652,359.042,001.511,695.431,695.431,961.892,779.862,483.192,934.27
92,903.032,598.442,487.852,757.882,244.261,892.711,892.712,198.243,140.362,903.033,367.34
103,322.862,929.002,805.063,156.712,487.042,089.972,089.972,434.583,500.863,322.863,800.40
113,745.813,259.993,130.873,558.522,740.962,292.872,292.872,677.413,868.713,745.814,252.92
124,165.903,590.573,456.833,957.612,994.952,495.772,495.772,919.954,236.854,165.904,705.71
134,585.993,921.143,775.384,356.693,248.602,697.852,697.853,157.224,598.554,585.995,158.52
145,006.084,251.734,093.924,755.793,494.442,896.172,896.173,394.494,960.245,006.085,611.30
155,426.174,582.314,412.475,154.863,739.543,094.483,094.483,631.775,321.935,426.176,064.06
165,846.264,912.894,731.015,553.953,984.643,292.813,292.813,869.045,683.615,846.266,516.10
176,266.355,243.485,049.565,953.044,229.743,491.143,491.144,106.316,045.306,266.356,956.09
186,686.445,574.055,368.106,352.124,474.843,689.463,689.464,343.586,406.996,686.447,396.08
197,106.535,904.635,686.646,751.214,719.943,887.783,887.784,580.856,768.687,106.537,836.07
207,526.626,235.226,005.197,150.294,965.044,086.104,086.104,818.127,130.387,526.628,276.07
217,954.726,540.586,266.947,556.985,167.594,248.354,248.355,013.257,427.597,954.728,716.07
228,382.736,845.916,528.747,963.595,370.144,410.684,410.685,208.487,724.828,382.739,156.06
238,803.517,151.226,790.588,363.345,566.654,573.014,573.015,403.718,022.088,803.519,596.05
249,224.287,449.617,052.418,763.085,763.194,735.344,735.345,598.948,316.079,224.2810,036.05
259,645.087,747.997,312.879,162.815,959.714,897.654,897.655,791.018,606.369,645.0810,476.05
2610,065.858,046.377,568.789,562.576,156.235,059.985,059.985,981.588,896.6610,065.8510,916.05
2710,486.628,344.757,824.709,962.306,352.765,222.315,222.316,172.149,186.9510,486.6211,356.03
2810,907.418,643.148,080.6110,362.046,549.295,384.635,384.636,362.719,477.2510,907.4111,796.03
2911,328.198,941.528,336.5310,761.786,745.805,545.065,545.066,553.269,767.5511,328.1912,236.02
3011,748.979,239.898,592.4311,161.526,942.335,704.565,704.566,743.8110,057.8511,748.9712,676.02
3112,169.759,538.288,848.3511,561.267,138.865,864.075,864.076,934.3810,348.1412,169.7513,116.02
3212,590.529,836.669,104.2611,961.007,335.386,023.566,023.567,124.9410,638.4412,590.5213,556.00
3313,011.3110,135.049,360.1812,360.747,531.906,183.066,183.067,315.5110,928.7313,011.3113,996.00
3413,432.0910,433.429,616.0812,760.497,728.436,342.576,342.577,506.0611,219.0313,432.0914,436.00
3513,852.8610,731.819,872.0013,160.237,924.956,502.066,502.067,696.6211,509.3413,852.8614,876.00
3614,273.6511,030.1810,127.9113,559.968,121.476,661.576,661.577,887.1811,799.6314,273.6515,315.98
3714,694.4311,328.5710,383.8313,959.718,318.006,821.076,821.078,077.7512,089.9214,694.4315,755.98
3815,115.2011,626.9510,639.7414,359.458,514.536,980.566,980.568,268.3112,380.2215,115.2016,195.98
3915,535.9911,925.3310,895.6514,759.188,711.047,140.077,140.078,458.8712,670.5215,535.9916,635.98
4015,932.5712,198.3710,997.2015,135.948,789.837,257.987,257.988,541.2712,912.5015,932.5717,056.83
4116,331.3012,473.4911,099.8715,514.748,870.717,376.137,376.138,624.6713,155.9016,331.3017,480.81
4216,730.1312,748.6811,202.5815,893.638,951.627,494.287,494.288,708.1013,399.3616,730.1317,904.93
4317,129.0713,023.9811,305.2916,272.629,032.587,612.447,612.448,791.5413,642.8717,129.0718,329.19
4417,528.1113,299.3511,408.0216,651.709,113.577,730.607,730.608,875.0013,886.4217,528.1118,753.59
4517,927.2313,574.8111,510.7717,030.879,194.587,848.787,848.788,958.4914,130.0517,927.2319,178.13
4618,326.4713,850.3511,613.5417,410.159,275.657,966.967,966.969,041.9814,373.7018,326.4719,602.83
4718,725.7814,125.9711,716.3417,789.509,356.758,085.158,085.159,125.5014,617.4218,725.7820,027.65
4819,125.2214,401.6911,819.1518,168.969,437.888,203.348,203.349,209.0414,861.2019,125.2220,452.62
4919,524.7314,677.4811,921.9818,548.509,519.058,321.548,321.549,292.5915,105.0119,524.7320,877.73
5019,924.3414,953.3612,024.8318,928.139,600.248,439.758,439.759,376.1715,348.8819,924.3421,302.99
5120,324.0615,229.3312,127.7119,307.869,681.498,557.968,557.969,459.7615,592.8120,324.0621,728.39
5220,723.8815,505.3712,230.5919,687.689,762.778,676.208,676.209,543.3715,836.7720,723.8822,153.92
5321,123.7915,781.5112,333.5020,067.619,844.088,794.428,794.429,627.0016,080.7921,123.7922,579.61
5421,523.8016,057.7312,436.4320,447.609,925.438,912.668,912.669,710.6516,324.8721,523.8023,005.43
5521,923.9016,334.0312,539.3720,827.6910,006.819,030.909,030.909,794.3116,568.9921,923.9023,431.39
5622,324.1016,610.4212,642.3521,207.9010,088.239,149.159,149.159,878.0016,813.1822,324.1023,857.51
5722,724.3916,886.8812,745.3321,588.1810,169.689,267.419,267.419,961.6917,057.4022,724.3924,283.76
5823,124.7917,163.4412,848.3421,968.5510,251.149,385.689,385.6810,045.4117,301.6923,124.7924,710.14
5923,525.2917,440.0912,951.3722,349.0310,332.619,503.959,503.9510,129.1617,546.0223,525.2925,136.69
6023,925.8717,716.8113,054.4122,729.5810,414.079,622.239,622.2310,212.9117,790.4023,925.8725,563.37
6124,326.5717,993.6113,157.4823,110.2410,495.539,740.529,740.5210,296.6918,034.8424,326.5725,990.18
6224,727.3518,270.5213,260.5623,490.9810,577.009,858.819,858.8110,380.5018,279.3324,727.3526,417.14
6325,128.2418,547.4913,363.6623,871.8310,658.469,977.109,977.1010,464.3118,523.8725,128.2426,844.25
6425,529.2118,824.5513,466.8024,252.7610,739.9210,095.4210,095.4210,548.1418,768.4425,529.2127,271.50
6525,930.2919,101.7013,569.9424,633.7710,821.3810,213.7310,213.7310,631.9919,013.0925,930.2927,698.89
6626,331.4719,378.9413,673.1025,014.9010,902.8410,332.0510,332.0510,715.8619,257.7926,331.4728,126.41
6726,732.7419,656.2513,776.2825,396.1110,984.3010,450.3810,450.3810,799.7519,502.5226,732.7428,554.08
6827,134.1119,933.6613,879.4925,777.4111,065.7610,568.7210,568.7210,883.6619,747.3227,134.1128,981.90
6927,535.5820,211.1413,982.7026,158.7911,147.2210,687.0710,687.0710,967.5819,992.1727,535.5829,409.86
7027,937.1420,488.7114,085.9426,540.2811,228.6810,805.4210,805.4211,051.5320,237.0627,937.1429,837.96
7128,338.8120,766.3614,189.2126,921.8711,310.1410,923.7810,923.7811,135.5020,482.0128,338.8130,266.21
7228,740.5721,044.1114,292.4827,303.5411,391.6011,042.1511,042.1511,219.4720,727.0128,740.5730,694.60
7329,142.4221,321.9414,395.7927,685.3111,473.0611,160.5211,160.5211,303.4720,972.0629,142.4231,123.12
7429,544.3721,599.8414,499.1028,067.1611,554.5211,278.9011,278.9011,387.4921,217.1729,544.3731,551.79
7529,946.4321,877.8414,602.4428,449.1011,635.9811,397.2811,397.2811,471.5321,462.3329,946.4331,980.60
7630,348.5722,155.9114,705.8028,831.1511,717.4411,515.6711,515.6711,555.5921,707.5230,348.5732,409.55
7730,750.8322,434.0814,809.1829,213.2811,798.9011,634.0811,634.0811,639.6521,952.7830,750.8332,838.65
7831,153.1622,712.3214,912.5829,595.5111,880.3611,752.4811,752.4811,723.7522,198.0931,153.1633,267.89
7931,555.6122,990.6515,015.9929,977.8411,961.8211,870.9011,870.9011,807.8622,443.4631,555.6133,697.27
8031,958.1523,269.0715,119.4330,360.2412,043.2811,989.3211,989.3211,892.0022,688.8631,958.1534,126.79
8132,360.7823,547.5715,222.8830,742.7512,124.7412,107.7512,107.7511,976.1522,934.3232,360.7834,556.45
8232,763.5123,826.1615,326.3631,125.3412,206.2112,226.1912,226.1912,060.3023,179.8432,763.5134,986.25
8333,166.3424,104.8315,429.8531,508.0412,287.6712,344.6212,344.6212,144.5023,425.4033,166.3435,416.20
8433,569.2724,383.5815,533.3631,890.8112,369.1312,463.0912,463.0912,228.6923,671.0233,569.2735,846.30
8533,972.3024,662.4215,636.8932,273.6912,450.5912,581.5412,581.5412,312.9223,916.6833,972.3036,276.53
8634,375.4224,941.3415,740.4632,656.6612,532.0612,700.0012,700.0012,397.1624,162.4134,375.4236,706.91
8734,778.6425,220.3515,844.0333,039.7212,613.5212,818.4712,818.4712,481.4324,408.1934,778.6437,137.42
8835,181.9725,499.4515,947.6133,422.8712,694.9812,936.9612,936.9612,565.7024,654.0035,181.9737,568.08
8935,585.3925,778.6216,051.2233,806.1212,776.4413,055.4413,055.4412,650.0024,899.8835,585.3937,998.89
9035,988.8926,057.8816,154.8534,189.4412,857.9013,173.9313,173.9312,734.3025,145.8035,988.8938,429.84
9136,392.5126,337.2316,258.5134,572.8812,939.3613,292.4313,292.4312,818.6425,391.7836,392.5138,860.92
9236,796.2026,616.6516,362.1834,956.4113,020.8213,410.9413,410.9412,902.9925,637.8136,796.2039,292.14
9337,200.0226,896.1716,465.8635,340.0113,102.2813,529.4613,529.4612,987.3625,883.8937,200.0239,723.52
9437,603.9127,175.7716,569.5735,723.7213,183.7413,647.9813,647.9813,071.7526,130.0237,603.9140,155.04
9538,007.9227,455.4616,673.3036,107.5213,265.2013,766.5013,766.5013,156.1726,376.2038,007.9240,586.68
9638,412.0227,735.2316,777.0536,491.4213,346.6613,885.0413,885.0413,240.5826,622.4438,412.0241,018.49
9738,816.2128,015.0916,880.8236,875.4013,428.1214,003.5814,003.5813,325.0026,868.7238,816.2141,450.43
9839,220.5028,295.0316,984.6137,259.4813,509.5814,122.1414,122.1413,409.4227,115.0539,220.5041,882.51
9939,624.8928,575.0517,088.4137,643.6413,591.0414,240.7014,240.7013,493.8327,361.4539,624.8942,314.74
10040,029.3728,855.1517,192.2338,027.9013,672.5014,359.2614,359.2613,578.2527,607.8740,029.3742,747.09
10140,433.9629,135.3517,296.0838,412.2613,753.9614,477.8314,477.8313,662.6727,854.3840,433.9643,179.61
10240,838.6429,415.6117,399.9438,796.7113,835.4214,596.4014,596.4013,747.0828,100.9140,838.6443,612.26
10341,243.4229,695.9717,503.8439,181.2513,916.8814,714.9914,714.9913,831.5028,347.5041,243.4244,045.06
10441,648.2929,976.4217,607.7339,565.8913,998.3414,833.5814,833.5813,915.9228,594.1541,648.2944,477.99
10542,053.2730,256.9617,711.6239,950.6014,079.8014,952.1814,952.1814,000.3328,840.8542,053.2744,911.07
10642,458.3430,537.5617,815.5140,335.4214,161.2715,070.7915,070.7914,084.7529,087.5942,458.3445,344.19
10742,863.5130,818.2417,919.4040,720.3314,242.7315,189.4115,189.4114,169.1729,334.3942,863.5145,777.31
10843,268.7831,098.9018,023.3041,105.3414,324.1915,308.0215,308.0214,253.5829,581.2443,268.7846,210.44
10943,674.1431,379.5818,127.2041,490.4314,405.6615,426.6615,426.6614,338.0129,828.1543,674.1446,643.55
11044,079.5931,660.2418,231.0941,875.6114,487.1215,545.2915,545.2914,422.4230,075.0944,079.5947,076.68
11144,485.1631,940.9118,334.9842,260.9114,568.5815,663.9415,663.9414,506.8330,322.1044,485.1647,509.79
11244,890.8132,221.5818,438.8742,646.2714,650.0415,782.5815,782.5814,591.2630,569.1544,890.8147,942.92
11345,296.5632,502.2418,542.7743,031.7414,731.5015,901.2415,901.2414,675.6730,816.2745,296.5648,376.04
11445,702.4132,782.9218,646.6743,417.2914,812.9616,019.9116,019.9114,760.0831,063.4345,702.4148,809.16
11546,108.3633,063.5818,750.5643,802.9414,894.4216,138.5816,138.5814,844.5131,310.6346,108.3649,242.29
11646,514.4133,344.2618,854.4544,188.6814,975.8816,257.2516,257.2514,928.9231,557.8946,514.4149,675.40
11746,920.5533,624.9218,958.3444,574.5215,057.3416,375.9416,375.9415,013.3331,805.2146,920.5550,108.53
11847,326.7933,905.5919,062.2444,960.4515,138.8016,494.6316,494.6315,097.7632,052.5747,326.7950,541.65
11947,733.1234,186.2619,166.1445,346.4615,220.2616,613.3316,613.3315,182.1732,299.9947,733.1250,974.77
12048,139.5634,466.9219,270.0345,732.5815,301.7216,732.0416,732.0415,266.5832,547.4548,139.5651,407.90
12148,546.0934,747.6019,373.9246,118.7915,383.1816,850.7516,850.7515,351.0132,794.9748,546.0951,841.01
12248,946.6135,028.2619,477.8146,499.2815,464.6416,968.9516,968.9515,435.4233,039.0348,946.6152,274.14
12349,347.1235,308.9419,581.7146,879.7815,546.1017,087.1517,087.1515,519.8333,283.0849,347.1252,707.25
12449,747.6435,586.3119,684.0947,260.2615,627.5617,205.3517,205.3515,604.2633,527.1449,747.6453,139.54
12550,148.1535,862.7719,786.4247,640.7515,709.0217,323.5617,323.5615,688.6733,771.2050,148.1553,566.16
12650,548.6736,139.2219,888.7548,021.2515,790.4817,441.7517,441.7515,773.0334,015.2550,548.6753,992.79
12750,949.2036,415.6819,991.0948,401.7415,871.9417,559.9517,559.9515,856.1934,259.3150,949.2054,419.42
12851,349.7136,692.1420,093.4348,782.2315,953.4017,678.1617,678.1615,939.3534,503.3751,349.7154,846.03
12951,750.2236,968.6020,195.7649,162.7216,034.8717,796.3617,796.3616,022.4934,747.4251,750.2255,272.67
13052,150.7437,245.0520,298.0949,543.2116,116.3317,914.5517,914.5516,105.6434,991.4852,150.7455,699.29
13152,551.2537,521.5120,400.4449,923.7016,197.7918,032.7618,032.7616,188.7935,235.5452,551.2556,125.91
13252,951.7837,797.9820,502.7750,304.1916,279.2518,150.9618,150.9616,271.9535,479.6052,951.7856,552.54
13353,352.3038,074.4320,605.1050,684.6816,360.7218,269.1518,269.1516,355.1035,723.6653,352.3056,979.16
13453,752.8138,350.8820,707.4351,065.1716,442.1818,387.3518,387.3516,438.2535,967.7153,752.8157,405.79
13554,153.3238,627.3520,809.7851,445.6616,523.6418,505.5618,505.5616,521.3936,211.7754,153.3257,832.41
13654,553.8438,903.8120,912.1251,826.1516,605.1018,623.7618,623.7616,604.5436,455.8354,553.8458,259.03
13754,954.3639,180.2621,014.4552,206.6416,686.5618,741.9518,741.9516,687.7036,699.8954,954.3658,685.67
13855,354.8839,456.7221,116.7852,587.1316,768.0218,860.1618,860.1616,770.8536,943.9555,354.8859,112.28
13955,755.3939,733.1821,219.1252,967.6216,849.4818,978.3718,978.3716,854.0037,188.0155,755.3959,538.91
14056,155.9140,009.6521,321.4653,348.1116,930.9419,096.5619,096.5616,937.1537,432.0756,155.9159,965.54
14156,556.4240,286.0921,423.7953,728.6017,012.4019,214.7619,214.7617,020.2937,676.1256,556.4260,392.15
14256,956.9440,562.5621,526.1254,109.0917,093.8619,332.9719,332.9717,103.4537,920.1856,956.9460,818.79
14357,357.4740,839.0221,628.4654,489.5917,175.3219,451.1719,451.1717,186.6138,164.2457,357.4761,245.41
14457,757.9841,115.4821,730.8054,870.0817,256.7819,569.3619,569.3617,269.7538,408.2957,757.9861,672.03
14558,158.4941,391.9321,833.1355,250.5617,338.2419,687.5619,687.5617,352.9038,652.3558,158.4962,098.66
14658,559.0141,668.3921,935.4655,631.0617,419.7019,805.7719,805.7717,436.0538,896.4158,559.0162,525.28
14758,959.5241,944.8622,037.8056,011.5517,501.1619,923.9619,923.9617,519.2139,140.4658,959.5262,951.91
14859,360.0542,221.3122,140.1456,392.0517,582.6220,042.1620,042.1617,602.3639,384.5259,360.0563,378.53
14959,760.5742,497.7622,242.4756,772.5317,664.0820,160.3720,160.3717,685.5039,628.5859,760.5763,805.15
15060,161.0842,774.2322,344.8057,153.0217,745.5420,278.5720,278.5717,768.6539,872.6360,161.0864,231.79
15160,561.5943,050.6922,447.1457,533.5217,827.0020,396.7620,396.7617,851.8040,116.6960,561.5964,658.40
15260,962.1143,327.1422,549.4857,914.0117,908.4620,514.9720,514.9717,934.9640,360.7560,962.1165,085.03
15361,362.6343,603.6022,651.8158,294.5017,989.9320,633.1820,633.1818,018.1140,604.8061,362.6365,511.66
15461,763.1543,880.0622,754.1458,674.9918,071.3920,751.3720,751.3718,101.2640,848.8661,763.1565,938.27
15562,163.6744,156.5222,856.4859,055.4818,152.8520,869.5720,869.5718,184.4041,092.9262,163.6766,364.91
15662,564.1844,432.9722,958.8259,435.9818,234.3220,987.7720,987.7718,267.5541,336.9762,564.1866,791.53
15762,964.6944,709.4323,061.1559,816.4618,315.7821,105.9821,105.9818,350.7141,581.0362,964.6967,218.15
15863,365.2144,985.9023,163.4860,196.9618,397.2421,224.1721,224.1718,433.8641,825.0963,365.2167,644.78
15963,765.7445,262.3523,265.8360,577.4518,478.7021,342.3721,342.3718,517.0142,069.1463,765.7468,071.40
16064,166.2545,538.8123,368.1760,957.9418,560.1621,460.5821,460.5818,600.1642,313.2064,166.2568,498.03
16164,566.7745,815.2723,470.5061,338.4318,641.6221,578.7721,578.7718,683.3042,557.2664,566.7768,924.65
16264,967.2846,091.7323,572.8361,718.9218,723.0821,696.9721,696.9718,766.4642,801.3164,967.2869,351.27
16365,367.7946,368.1823,675.1762,099.4218,804.5421,815.1821,815.1818,849.6243,045.3765,367.7969,777.91
16465,768.3246,644.6423,777.5162,479.9118,886.0021,933.3821,933.3818,932.7643,289.4365,768.3270,204.52
16566,168.8446,921.1123,879.8462,860.3918,967.4622,051.5722,051.5719,015.9143,533.4866,168.8470,631.15
16666,569.3547,197.5723,982.1763,240.8919,048.9222,169.7822,169.7819,099.0643,777.5466,569.3571,057.78
16766,969.8647,474.0124,084.5163,621.3819,130.3822,287.9822,287.9819,182.2244,021.6066,969.8671,484.39
16867,370.3847,750.4824,186.8564,001.8719,211.8422,406.1822,406.1819,265.3744,265.6667,370.3871,911.03
16967,770.9048,026.9424,289.1864,382.3619,293.3022,524.3822,524.3819,348.5244,509.7267,770.9072,337.65
17068,171.4248,303.4024,391.5164,762.8519,374.7622,642.5822,642.5819,431.6644,753.7868,171.4272,764.27
17168,571.9448,579.8524,493.8565,143.3419,456.2222,760.7822,760.7819,514.8144,997.8368,571.9473,190.90
17268,972.4548,856.3124,596.1965,523.8319,537.6822,878.9822,878.9819,597.9745,241.8968,972.4573,617.52
17369,372.9649,132.7824,698.5265,904.3219,619.1422,997.1822,997.1819,681.1245,485.9569,372.9674,044.15
17469,773.4849,409.2324,800.8566,284.8119,700.6023,115.3923,115.3919,764.2745,730.0169,773.4874,470.77
17570,174.0149,685.6824,903.1966,665.3019,782.0623,233.5823,233.5819,847.4145,974.0770,174.0174,897.39
17670,574.5249,962.1525,005.5367,045.7919,863.5323,351.7823,351.7819,930.5646,218.1370,574.5275,324.03
17770,975.0450,238.6125,107.8667,426.2819,944.9923,469.9923,469.9920,013.7246,462.1870,975.0475,750.64
17871,375.5550,515.0625,210.1967,806.7720,026.4523,588.1923,588.1920,096.8746,706.2471,375.5576,177.27
17971,776.0650,791.5225,312.5368,187.2620,107.9123,706.3823,706.3820,180.0246,950.3071,776.0676,603.90
18072,176.5951,067.9825,414.8768,567.7520,189.3823,824.5923,824.5920,263.1747,194.3572,176.5977,030.51
18172,577.1151,344.4425,517.2168,948.2420,270.8423,942.7923,942.7920,346.3247,438.4172,577.1177,457.15
18272,977.6251,620.8925,619.5469,328.7320,352.3024,060.9824,060.9820,429.4847,682.4772,977.6277,883.77
18373,378.1451,897.3625,721.8769,709.2320,432.5924,179.1924,179.1920,512.6347,926.5273,378.1478,310.39
18473,778.6552,173.8225,824.2270,089.7220,512.8224,297.3924,297.3920,595.7748,170.5873,778.6578,737.02
18574,179.1752,450.2725,926.5570,470.2020,593.0624,415.5924,415.5920,678.9248,414.6474,179.1779,163.64
18674,579.6952,726.7326,028.8870,850.7020,673.3024,533.7924,533.7920,762.0748,658.6974,579.6979,590.27
18774,980.2153,003.1926,131.2271,231.1920,753.5424,651.9924,651.9920,845.2348,902.7574,980.2180,016.89
18875,380.7253,279.6526,233.5671,611.6920,833.7824,770.2024,770.2020,928.3849,146.8175,380.7280,443.51
18975,781.2353,556.1026,335.8971,992.1720,914.0224,888.3924,888.3921,011.5349,390.8675,781.2380,870.15
19076,181.7553,832.5626,438.2272,372.6620,994.2625,006.5925,006.5921,094.6749,634.9276,181.7581,296.76
19176,582.2854,109.0326,540.5672,753.1621,074.5025,124.8025,124.8021,177.8249,878.9876,582.2881,723.39
19276,982.7954,385.4926,642.9073,133.6521,154.7425,243.0025,243.0021,260.9850,123.0376,982.7982,150.02
19377,383.3154,661.9326,745.2373,514.1421,234.9825,361.1925,361.1921,344.1350,367.0977,383.3182,576.63
19477,783.8254,938.4026,847.5673,894.6321,315.2225,479.4025,479.4021,427.2850,611.1577,783.8283,003.27
19578,184.3355,214.8626,949.9074,275.1221,395.4625,597.6025,597.6021,510.4350,855.2078,184.3383,429.89
19678,584.8655,491.3227,052.2474,655.6221,475.7025,715.7925,715.7921,593.5751,099.2678,584.8683,856.51
19778,985.3855,767.7727,154.5775,036.1021,555.9425,833.9925,833.9921,676.7351,343.3278,985.3884,283.14
19879,385.8956,044.2327,256.9075,416.6021,636.1825,952.2025,952.2021,759.8951,587.3779,385.8984,709.76
19979,786.4156,320.7027,359.2475,797.0921,716.4226,070.4026,070.4021,843.0351,831.4379,786.4185,136.39
20080,186.9256,597.1527,461.5876,177.5821,796.6626,188.5926,188.5921,926.1852,075.4980,186.9285,563.01]

Textual Amendments

Cracked trials and guilty pleas where the number of pages of prosecution evidence exceeds the PPE Cut-offE+W

8.—(1) Where in a cracked trial or guilty plea the number of pages of prosecution evidence exceeds the PPE Cut-off specified in the table following paragraph 5(1)  as appropriate to the offence with which the assisted person is charged, the total fee payable to the litigator is—

(a)the final fee, calculated in accordance with sub-paragraph (2) of this paragraph;

(b)the defendant uplift, if any, calculated in accordance with the table following paragraph 12; and

(c)the adjustment for transfers and retrials, if any, calculated in accordance with paragraph 13.

(2) For the purposes of sub-paragraph (1), the final fee payable to a litigator in a cracked trial or guilty plea is calculated in accordance with the following formula—

Where—

F is the amount of the final fee;

I is the initial fee specified in the tables following this paragraph, as appropriate to the type of case, the offence with which the assisted person is charged and the number of pages of prosecution evidence;

D is the difference between—

(i)

the number of pages of prosecution evidence in the case; and

(ii)

the lower number in the PPE range as specified in the tables following this paragraph, as appropriate to the type of case, the offence with which the assisted person is charged and the number of pages of prosecution evidence in the case;

i is the incremental fee per page of prosecution evidence specified in the tables following this paragraph, as appropriate to the type of case, the offence with which the assisted person is charged and the number of pages of prosecution evidence in the case.

[F5Table of final fees in cracked trials
Class of OffencePPE RangeInitial Fee (£)Incremental fee per page of prosecution evidence (£)
A0-79817.840
A80-249817.849.67
A250-9992,461.796.07
A1000-27997,013.993.55
A2800-459913,399.583.55
A4600-639919,785.182.82
A6400-819924,854.292.82
A8200-999929,923.392.82
A10,00034,989.690
B0-69641.150
B70-249641.157.07
B250-9991,914.603.31
B1000-27994,398.092.21
B2800-45998,367.992.21
B4600-639912,337.891.85
B6400-819915,675.891.85
B8200-999919,013.871.85
B10,00022,350.010
C0-39474.520
C40-249474.523.55
C250-9991,219.432.03
C1000-27992,742.221.29
C2800-45995,069.771.29
C4600-63997,397.331.29
C6400-81999,724.891.29
C8200-999912,052.451.29
C10,00014,378.710
D0-79776.940
D80-249776.949.16
D250-9992,334.875.52
D1000-27996,476.833.26
D2800-459912,346.283.26
D4600-639918,215.742.68
D6400-819923,032.002.68
D8200-999927,848.262.68
D10,00032,661.850
E0-39210.690
E40-249210.694.16
E250-9991,084.411.32
E1000-27992,071.810.55
E2800-45993,065.160.55
E4600-63994,058.520.55
E6400-81995,051.890.55
E8200-99996,045.250.55
E10,0007,038.050
F0-49202.720
F50-249202.723.99
F250-9991,001.331.62
F1000-27992,215.420.63
F2800-45993,349.430.63
F4600-63994,483.430.63
F6400-81995,617.430.63
F8200-99996,751.430.63
F10,0007,884.800
G0-49202.720
G50-249202.723.99
G250-9991,001.331.62
G1000-27992,215.420.63
G2800-45993,349.430.63
G4600-63994,483.430.63
G6400-81995,617.430.63
G8200-99996,751.430.63
G10,0007,884.800
H0-39214.280
H40-249214.283.85
H250-9991,023.101.41
H1000-27992,077.830.63
H2800-45993,210.310.63
H4600-63994,342.780.63
H6400-81995,475.250.63
H8200-99996,607.730.63
H10,0007,739.570
I0-39229.350
I40-249229.355.35
I250-9991,353.272.09
I1000-27992,922.000.81
I2800-45994,382.540.81
I4600-63995,843.070.81
I6400-81997,303.600.81
I8200-99998,764.140.81
I10,00010,223.850
J0-79817.840
J80-249817.849.67
J250-9992,461.796.07
J1000-27997,013.993.55
J2800-459913,399.583.55
J4600-639919,785.182.82
J6400-819924,854.292.82
J8200-999929,923.392.82
J10,00034,989.690
K0-119699.660
K120-249699.665.92
K250-9991,469.044.54
K1000-27994,872.233.97
K2800-459912,023.793.97
K4600-639919,175.373.39
K6400-819925,273.743.39
K8200-999931,372.123.39
K10,00037,467.100
Table of final fees in guilty pleas
Class of OffencePPE RangeInitial Fee (£)Incremental fee per page of prosecution evidence (£)
A0-79615.140
A80-399615.145.08
A400-9992,240.642.68
A1000-27993,847.971.71
A2800-45996,931.711.71
A4600-639910,015.431.01
A6400-819911,835.331.01
A8200-999913,655.241.01
A10,00015,474.140
B0-69502.790
B70-399502.794.08
B400-9991,850.342.06
B1000-27993,084.591.31
B2800-45995,448.091.31
B4600-63997,811.600.96
B6400-81999,543.200.96
B8200-999911,274.790.96
B10,00013,005.420
C0-39400.440
C40-399400.442.41
C400-9991,267.461.32
C1000-27992,058.000.72
C2800-45993,345.140.72
C4600-63994,632.300.72
C6400-81995,919.460.72
C8200-99997,206.610.72
C10,0008,493.050
D0-79584.380
D80-399584.384.73
D400-9992,098.132.48
D1000-27993,587.841.55
D2800-45996,370.531.55
D4600-63999,153.230.96
D6400-819910,882.750.96
D8200-999912,612.250.96
D10,00014,340.790
E0-39166.990
E40-399166.992.64
E400-9991,118.601.13
E1000-27991,798.340.42
E2800-45992,549.320.42
E4600-63993,300.300.42
E6400-81994,051.280.42
E8200-99994,802.260.42
E10,0005,552.820
F0-49177.040
F50-399177.042.56
F400-9991,073.840.89
F1000-27991,610.410.29
F2800-45992,128.340.29
F4600-63992,646.260.29
F6400-81993,164.190.29
F8200-99993,682.120.29
F10,0004,199.750
G0-49177.040
G50-399177.042.56
G400-9991,073.840.89
G1000-27991,610.410.29
G2800-45992,128.340.29
G4600-63992,646.260.29
G6400-81993,164.190.29
G8200-99993,682.120.29
G10,0004,199.750
H0-39172.660
H40-399172.662.53
H400-9991,081.850.90
H1000-27991,619.030.29
H2800-45992,133.570.29
H4600-63992,648.120.29
H6400-81993,162.660.29
H8200-99993,677.210.29
H10,0004,191.450
I0-39157.860
I40-399157.862.82
I400-9991,174.011.23
I1000-27991,913.360.46
I2800-45992,742.180.46
I4600-63993,571.000.46
I6400-81994,399.830.46
I8200-99995,228.670.46
I10,0006,057.030
J0-79615.140
J80-399615.145.08
J400-9992,240.642.68
J1000-27993,847.971.71
J2800-45996,931.711.71
J4600-639910,015.431.01
J6400-819911,835.331.01
J8200-999913,655.241.01
J10,00015,474.140
K0-119579.390
K120-399579.394.75
K400-9991,910.502.65
K1000-27993,498.212.46
K2800-45997,934.062.46
K4600-639912,369.901.88
K6400-819915,752.561.88
K8200-999919,135.221.88
K10,00022,515.980]

Textual Amendments

Trials where the number of pages of prosecution evidence exceeds the PPE Cut-offE+W

9.—(1) Where in a trial the number of pages of prosecution evidence exceeds the PPE Cut-off figure specified in the table following paragraph 5(2) as appropriate to the offence for which the assisted person is tried and the length of trial, the total fee payable to the litigator is—

(a)the final fee, calculated in accordance with sub-paragraph (2) of this paragraph;

(b)the defendant uplift, if any, calculated in accordance with the table following paragraph 12; and

(c)the adjustment for transfers and retrials, if any, calculated in accordance with paragraph 13.

(2) For the purposes of sub-paragraph (1), the final fee is calculated in accordance with the following formula—

Where—

F is the amount of the final fee;

I is the initial fee specified in the table following this paragraph as appropriate to the offence for which the assisted person is tried and the number of pages of prosecution evidence;

D is the difference between—

(i)

the number of pages of prosecution evidence in the case; and

(ii)

the lower number in the PPE range as specified in the table following this paragraph, as appropriate to the offence for which the assisted person is tried and the number of pages of prosecution evidence in the case;

i is the incremental fee per page of prosecution evidence specified in the table following this paragraph as appropriate to the offence for which the assisted person is tried and the number of pages of prosecution evidence in the case.

Table of final fees in trials
[F6Class of OffencePPE RangeInitial Fee (£)Incremental fee per page (£)
A0-791,326.860
A80-2091,326.8614.99
A210-6993,275.1811.44
A700-10498,882.809.61
A1050-199912,244.738.33
A2000-359920,157.517.61
A3600-519932,337.327.61
A5200-679944,517.127.61
A6800-839956,696.957.61
A8400-999968,876.767.61
A10,00081,048.960
B0-69992.410
B70-199992.4111.58
B200-4992,497.7010.35
B500-8995,601.308.71
B900-12999,084.697.32
B1300-199912,011.136.41
B2000-329916,499.556.41
B3300-499924,835.216.41
B5000-599935,735.686.41
B6000-799942,147.726.41
B8000-899954,971.806.41
B9000-999961,383.846.41
B10,00067,789.470
C0-39668.670
C40-299668.679.55
C300-7993,152.228.35
C800-12497,324.866.98
C1250-199910,467.866.18
C2000-319915,099.474.27
C3200-455920,223.844.27
C4560-591926,031.464.27
C5920-727931,839.084.27
C7280-863937,646.714.27
C8640-999943,454.334.27
C10,00049,257.700
D0-791,260.510
D80-2091,260.5114.24
D210-6993,111.4110.87
D700-10498,438.669.13
D1050-199911,632.507.91
D2000-359919,149.637.23
D3600-519930,720.447.23
D5200-679942,291.277.23
D6800-839953,862.107.23
D8400-999965,432.927.23
D10,00076,996.510
E0-39318.900
E40-69318.908.60
E70-129577.017.75
E130-5991,042.067.50
E600-13494,565.524.92
E1350-29998,256.292.16
E3000-474911,819.212.16
E4750-649915,598.072.16
E6500-824919,376.922.16
E8250-999923,155.772.16
E10,00026,932.460
F0-49323.310
F50-229323.316.61
F230-6991,512.776.30
F700-13994,472.315.06
F1400-19498,015.663.91
F1950-354910,164.341.95
F3550-514913,282.651.95
F5150-674916,400.961.95
F6750-834919,519.271.95
F8350-999922,637.581.95
F10,00025,851.390
G0-49323.310
G50-229323.316.61
G230-6991,512.776.30
G700-13994,472.315.06
G1400-19498,015.663.91
G1950-354910,164.341.95
G3550-514913,282.651.95
G5150-674916,400.961.95
G6750-834919,519.271.95
G8350-999922,637.581.95
G10,00025,851.390
H0-39323.440
H40-249323.447.77
H250-6191,955.516.46
H620-12994,346.774.80
H1300-29997,611.473.81
H3000-499914,089.282.06
H5000-599918,199.582.06
H6000-699920,254.672.06
H7000-799922,309.832.06
H8000-899924,364.992.06
H9000-999926,420.152.06
H10,00028,473.240
I0-39323.170
I40-369323.178.26
I370-7993,050.168.22
I800-12996,584.128.13
I1300-269910,649.536.41
I2700-419919,617.042.75
I4200-535923,746.012.75
I5360-651926,939.072.75
I6520-767930,132.142.75
I7680-883933,325.222.75
I8840-999936,518.282.75
I10,00039,708.590
J0-791,326.860
J80-2091,326.8614.99
J210-6993,275.1811.44
J700-10498,882.809.61
J1050-199912,244.738.33
J2000-359920,157.517.61
J3600-519932,337.327.61
J5200-679944,517.127.61
J6800-839956,696.957.61
J8400-999968,876.767.61
J10,00081,048.960
K0-119932.880
K120-734932.887.83
K735-12895,746.587.88
K1290-239910,120.318.02
K2400-449919,024.767.99
K4500-799935,807.937.99
K8000-839963,779.877.99
K8400-879966,976.657.99
K8800-919970,173.447.99
K9200-959973,370.247.99
K9600-999976,567.047.99
K10,00079,755.840]

Textual Amendments

PART 3E+WFixed Fee for Guilty Pleas and Cracked Trials

Scope of Part 3E+W

[F710.—(1) Subject to sub-paragraph (2), this Part applies to a case committed or 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 summary trial.

(2) This Part does not apply 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

Fixed fee for guilty pleas or cracked trialsE+W

11.  The fee payable to a litigator in relation to a guilty plea or cracked trial to which this Part applies is [F8£298.65] per proceedings.

Textual Amendments

PART 4E+WDefendant Uplifts, Retrials and Transfers

Defendant upliftsE+W

12.—(1) The defendant uplift payable to a litigator is calculated in accordance with the table following this paragraph.

(2) Only one defendant uplift is payable in each case.

(3) In the table following this paragraph, the total fee means—

(a)in a cracked trial or guilty plea where the number of pages of prosecution evidence does not exceed the PPE Cut-off specified in the table following paragraph 5(1), the basic fee specified in the table following paragraph 6(2);

(b)in a trial where the number of pages of prosecution evidence does not exceed the PPE Cut-off specified in the table following paragraph 5(2), the basic fee specified in the table following paragraph 7(2) plus the length of trial proxy specified in the table following paragraph 7(3);

(c)in a cracked trial or guilty plea where the number of pages of prosecution evidence exceeds the PPE Cut-off specified in the table following paragraph 5(1), the final fee, as calculated in accordance with paragraph 8(2); and

(d)in a trial where the number of pages of prosecution evidence exceeds the PPE Cut-off specified in the table following paragraph 5(2), the final fee, as calculated in accordance with paragraph 9(2);

(e)where appropriate, the fee set out in paragraph 11.

(4) In a case where the representation of one defendant would attract a fixed fee under Part 3 and the representation of one or more of the other defendants would attract a graduated fee under Part 2, the total fee is the fee falling within whichever of paragraphs (a) to (d) of sub-paragraph (3) is appropriate.

Defendant uplifts
Total number of defendants represented by litigatorPercentage uplift to total fee
2-420%
5+30%

Retrials and TransfersE+W

13.—(1) Where following a trial an order is made for a retrial and the same litigator acts for the assisted person at both trials the fee payable to that litigator is—

(a)in respect of the first trial, a fee calculated in accordance with the provisions of this Schedule; and

(b)in respect of the retrial, 25% of the fee, as appropriate to the circumstances of the retrial, in accordance with the provisions of this Schedule.

(2) Where—

(a)a case is transferred to a new litigator; or

(b)a retrial is ordered and a new litigator acts for the assisted person at the retrial,

the fee payable to the original litigator and the new litigator is a percentage of the total fee, calculated in accordance with the table following this paragraph, as appropriate to the circumstances and timing of the retrial, transfer or withdrawal of the section 16 determination.

(3) In sub-paragraph (2), “transfer” includes the making of a section 16 determination in favour of an individual who, immediately before the making of the section 16 determination—

(a)had represented themselves; or

(b)had been represented (otherwise than pursuant to a section 16 determination) by the litigator named in the order,

and for the purposes of that sub-paragraph the litigator is to be treated as a new litigator.

(4) For the purposes of sub-paragraph (2), a case is not transferred to a new litigator where—

(a)a firm of solicitors is named as litigator in the representation order and the solicitor or other appropriately qualified person with responsibility for the case moves to another firm;

(b)a firm of solicitors is named as litigator in the representation order and the firm changes (whether by merger or acquisition or in some other way), but so that the new firm remains closely related to the firm named in the order; or

(c)a solicitor or other appropriately qualified person is named as litigator in the representation order and responsibility for the case is transferred to another solicitor or appropriately qualified person in the same firm or a closely related firm.

(5) For the purposes of sub-paragraph (2), where a case which has been transferred to a new litigator is transferred again, that new litigator—

(a)must be treated as the original litigator, where the transfer takes place at any time before the trial or any retrial;

(b)must be treated as a new litigator, where the transfer takes place during the trial or any retrial; and

(c)must not receive any fee, where the transfer takes place after the trial or any retrial but before the sentencing hearing.

(6) Where a section 16 determination is withdrawn before the case ends, a litigator must receive a percentage of the total fee, in accordance with the table following this paragraph, as appropriate to the circumstances and timing of a transfer.

(7) In the table following this paragraph, the total fee means—

(a)in a cracked trial or guilty plea in a case to which Part 2 applies, where the number of pages of prosecution evidence is less than or equal to the PPE Cut-off specified in the table following paragraph 5(1), the basic fee as set out in the table following paragraph 6(2);

(b)in a trial where the number of pages of prosecution evidence is less than or equal to the PPE Cut-off specified in the table following paragraph 5(2), the basic fee specified in the table following paragraph 7(2) plus the length of trial proxy specified in the table following paragraph 7(3);

(c)in a cracked trial or guilty plea in a case to which Part 2 applies, where the number of pages of prosecution evidence exceeds the PPE Cut-off specified in the table following paragraph 5(1), the final fee as calculated in accordance with paragraph 8(2);

(d)in a trial where the number of pages of prosecution evidence exceeds the PPE Cut-off specified in the table following paragraph 5(2), the final fee, as calculated in accordance with paragraph 9(2);

(e)in a cracked trial or guilty plea in a case to which Part 3 applies, the fixed fee set out in paragraph 11.

(8) Where a case becomes a Very High Cost Case after a section 16 determination has been made and is transferred from the litigator named on the representation order to a new litigator—

(a)the original litigator must be remunerated in accordance with the individual Very High Cost Case contract entered into by that litigator; and

(b)the new litigator must be remunerated in accordance with the individual Very High Cost Case contract entered into by that litigator.

(9) Where a case becomes a Very High Cost Case after a section 16 determination has been made and the section 16 determination is withdrawn before the end of the case, the litigator must be remunerated in accordance with the table following this paragraph as appropriate to the circumstances and timing of the withdrawal.

(10) Sub-paragraph (11) applies where—

(a)the case is a case to which Part 3 would apply if it resulted in a cracked trial or guilty plea; and

(b)at the time the case is transferred to a new litigator in accordance with sub-paragraph (2) it is not known whether the case would result in a cracked trial or guilty plea or whether it would proceed to trial.

(11) Where this sub-paragraph applies—

(a)for the purpose of a claim by the original litigator at the time of the transfer of the case, “total fee” in the table following this paragraph, means the fixed fee set out in paragraph 11;

(b)the original litigator may, if the case proceeds to trial, claim the difference between the payment received at the time of transfer of the case and the payment that would have been due at that time if that payment had been based on the case proceeding to trial.

(12) A litigator may not be treated both as an original litigator and as a new litigator in a case.

Retrials and Transfers
ScenarioPercentage of the total feeCase type to be used to determine total feeClaim period
Cracked trial before retrial, where there is no change of litigator25%Cracked trial
Retrial where there is no change of litigator25%Trial
Up to and including plea and case management hearing transfer (original litigator)25%Cracked trial
Up to and including plea and case management hearing transfer – guilty plea (new litigator)100%Guilty plea
Up to and including plea and case management hearing transfer – cracked trial (new litigator)100%Cracked trial
Up to and including plea and case management hearing transfer – trial (new litigator)100%Trial
Before trial transfer (original litigator)75%Cracked trial
Before trial transfer – cracked trial (new litigator)100%Cracked trial
Before trial transfer – trial (new litigator)100%Trial
During trial transfer (original litigator)100%TrialClaim up to and including the day before the transfer
During trial transfer (new litigator)50%TrialClaim for the full trial length
Transfer after trial or guilty plea and before sentencing hearing (original litigator)100%Trial, Cracked trial or Guilty plea as appropriateClaim for the full trial length, excluding the length of the sentencing hearing
Transfer after trial or guilty plea and before sentencing hearing (new litigator)10%TrialClaim for one day or for the length of the sentencing hearing if longer than one day
Transfer before retrial (original litigator)25%Cracked trial
Transfer before cracked retrial (new litigator)50%Cracked trial
Transfer before retrial (new litigator)50%TrialClaim for the full retrial length
Transfer during retrial (original litigator)25%TrialClaim up to and including the day before the transfer
Transfer during retrial (new litigator)50%TrialClaim for the full retrial length
Transfer after retrial or cracked retrial and before sentencing hearing (original litigator)25%Trial or Cracked trial as appropriateClaim for the full retrial length, excluding the length of the sentencing hearing
Transfer after retrial or cracked retrial and before sentencing hearing (new litigator10%TrialClaim for one day or for the length of the sentencing hearing if longer than one day.

PART 5E+WFixed Fees

General provisionsE+W

14.—(1) All work undertaken by a litigator in a case to which Part 3 applies is included within the fee set out in paragraph 11 except for a defendant uplift as provided for in paragraph 22.

(2) Except as provided under this Part, remuneration for all work undertaken by a litigator in a case to which Part 2 applies is included within the fee set out in Part 2 of this Schedule as appropriate to—

(a)the offence for which the assisted person is charged or tried;

(b)whether the case is a cracked trial, guilty plea or trial; and

(c)the number of pages of prosecution evidence.

Fees for appeals and committals for sentence hearingsE+W

15.  The fee payable to a litigator instructed in—

(a)an appeal against conviction from a magistrates' court;

(b)an appeal against sentence from a magistrates' court; or

(c)a sentencing hearing following a committal for sentence to the Crown Court,

is that set out in the table following paragraph 19.

Fees for hearing subsequent to sentenceE+W

16.—(1) The fee payable to a litigator instructed in relation to a hearing under an enactment listed in sub-paragraph (2) is that set out in the table following paragraph 19.

(2) The enactments are—

(a)section 1CA of the Crime and Disorder Act 1998 M9 (variation and discharge of orders under section 1C);

(b)section 155 of the Powers of Criminal Courts (Sentencing) Act 2000 M10 (alteration of Crown Court sentence);

(c)section 74 of the Serious Organised Crime and Police Act 2005 M11 (assistance by defendant: review of sentence).

Marginal Citations

M91998 c. 37. Section 1CA was inserted by section 140 of the Serious Organised Crime and Police Act 2005 (c. 15).

Fees for contempt proceedingsE+W

17.—(1) This paragraph applies to proceedings referred to in section 14(g) of the Act in the Crown Court.

(2) Where, in proceedings to which this paragraph applies, the contempt is alleged to have been committed by a person other than a defendant in a case to which this Schedule applies, remuneration for litigators must be at the rate set out in the table following paragraph 19.

(3) Where, in proceedings to which this paragraph applies, the contempt is alleged to have been committed by the defendant in a case to which this Schedule applies, all work undertaken by the litigator is included within—

(a)the fee payable under Part 2 of this Schedule, or

(b)in proceedings under paragraph 15 or paragraph 18, the fixed fee set out in the table following paragraph 19.

Fees for alleged breaches of a Crown Court orderE+W

18.—(1) This paragraph applies to proceedings in the Crown Court against one assisted person arising out of a single alleged breach of an order of the Crown Court.

(2) The fee payable to the litigator in respect of the proceedings to which this paragraph applies is that set out in the table following paragraph 19.

Fixed FeesE+W

19.  The table following this paragraph sets out the fixed fees payable in relation to the category of work specified in the first column of the table.

Fixed Fees
[F9Types of proceedingsParagraph providing for feeFee payable – (£ per proceedings)
Appeal against sentence from a magistrates’ court15140.42
Appeal against conviction from a magistrates’ court15315.96
Committal for sentence15210.64
Hearing subsequent to sentence16140.42
Contempt proceedings (where contempt is alleged to have been committed by a person other than the defendant)17(2)105.32
Alleged breach of a Crown Court order18(2)70.22]

Textual Amendments

Fees for special preparationE+W

20.—(1) This paragraph applies in any case on indictment in the Crown Court—

(a)where a documentary or pictorial exhibit is served by the prosecution in electronic form and—

(i)the exhibit has never existed in paper form; and

(ii)the appropriate officer does not consider it appropriate to include the exhibit in the pages of prosecution evidence; or

(b)in respect of which a fee is payable under Part 2 (other than paragraph 7), where the number of pages of prosecution evidence, as so defined, exceeds 10,000,

and the appropriate officer considers it reasonable to make a payment in excess of the fee payable under Part 2.

(2) Where this paragraph applies, a special preparation fee may be paid, in addition to the fee payable under Part 2.

(3) The amount of the special preparation fee must be calculated from the number of hours which the appropriate officer considers reasonable—

(a)where sub-paragraph (1)(a) applies, to view the prosecution evidence; and

(b)where sub-paragraph (1)(b) applies, to read the excess pages,

and in each case using the rates specified in the table following paragraph 27.

(4) A litigator claiming a special preparation fee must supply such information and documents as may be required by the appropriate officer in support of the claim.

(5) In determining a claim under this paragraph, the appropriate officer must take into account all the relevant circumstances of the case.

Discontinuance or dismissal of sent or transferred proceedingsE+W

21.—(1) This paragraph applies to proceedings which are—

(a)sent for trial to the Crown Court; or

(b)transferred to the Crown Court under—

(i)section 4 of the Criminal Justice Act 1987 (transfer of serious fraud cases); or

(ii)section 53 of the Criminal Justice Act 1991 (transfer of certain cases involving children).

(2) Where proceedings to which this paragraph applies are discontinued by a notice served under section 23A of the Prosecution of Offences Act 1985 (discontinuance of proceedings after accused has been sent for trial) at any time before the prosecution serves its evidence in accordance with the Crime and Disorder Act 1998 (Service of Prosecution Evidence) Regulations 2005 M12 the litigator must be paid 50% of the basic fee for a guilty plea, as specified in the table following paragraph 6, as appropriate to the offence for which the assisted person is charged.

(3) Where proceedings to which this paragraph applies are discontinued by a notice served under section 23A of the Prosecution of Offences Act 1985 (discontinuance of proceedings after accused has been sent for trial) at any time after the prosecution serves its evidence in accordance with the Crime and Disorder Act 1998 (Service of Prosecution Evidence) Regulations 2005, the litigator must be paid a fee calculated in accordance with paragraph 6, or, where appropriate, paragraph 8, as appropriate for representing an assisted person in a guilty plea.

(4) Where an application for dismissal is made under paragraph 2 of Schedule 3 to the Crime and Disorder Act 1988, section 6 of the Criminal Justice Act 1987 or paragraph 5 of Schedule 6 to the Criminal Justice Act 1991, and—

(a)the charge, or charges are dismissed and the assisted person is discharged; or

(b)the case is remitted to the magistrates' court in accordance with paragraph 10(3)(a), 13(2) or 15(3)(a) of Schedule 3 to the Crime and Disorder Act 1998,

the litigator instructed in the proceedings must be paid a fee calculated in accordance with paragraph 6, or where appropriate, paragraph 8, as appropriate for representing an assisted person in a guilty plea.

(5) Sub-paragraph (6) applies to—

(a)a plea and case management hearing that takes place after the prosecution serves its evidence; and

(b)any other hearing that takes place before a plea and case management hearing has taken place, but after the prosecution has served its evidence.

(6) Where, at a hearing to which this paragraph applies—

(a)the prosecution offers no evidence and the assisted person is discharged; or

(b)the case is remitted to the magistrates' court in accordance with paragraph 10(3)(a), 13(2) or 15(3)(a) of Schedule 3 to the Crime and Disorder Act 1998,

the litigator must be paid a fee calculated in accordance with paragraph 6 or where appropriate paragraph 8, as appropriate for representing an assisted person in a guilty plea.

Marginal Citations

Defendant upliftsE+W

22.—(1) Where a litigator represents more than one assisted person in proceedings referred to in paragraph 21(2), (3), (4) or (5), a defendant uplift is payable.

(2) The defendant uplift must be calculated in accordance with the table following this paragraph.

(3) In the table following this paragraph, the total fee means—

(a)the fee specified in sub-paragraph (2) of paragraph 21 where that sub-paragraph applies;

(b)the basic fee (B) specified in the table following paragraph 6, or, where appropriate, the initial fee specified in paragraph 8, where paragraph 21(3), (4) or (5) applies, as appropriate for the circumstances set out in that sub-paragraph; or

(c)where appropriate the fee set out in paragraph 11.

(4) In a case where the representation of one defendant would attract a fixed fee under Part 3 and the representation of one or more of the other defendants would attract a graduated fee under Part 2, the total fee in the table following this paragraph means the fee falling within sub-paragraph (3)(b).

Defendant uplifts
Total number of defendants represented by litigatorPercentage uplift to total fee
2-420%
5+30%

Warrant for arrestE+W

23.—(1) This paragraph applies where—

(a)the assisted person fails to attend a hearing;

(b)at that hearing the court issues a warrant for the arrest of the assisted person, pursuant to section 7(1) of the Bail Act 1976 M13 (“the warrant”); and

(c)the case does not proceed in the absence of the assisted person.

(2) Where in a case on indictment the warrant is not executed within three months of the date on which it was issued, the fee payable to the litigator is—

(a)where the warrant is issued at or before the plea and case management hearing, the fee payable for a guilty plea in accordance with paragraph 6 or where appropriate paragraph 8;

(b)where the warrant is issued after the plea and case management hearing but before the trial, the fee payable for a cracked trial in accordance with paragraph 6 or where appropriate paragraph 8, as appropriate to the Class of Offence with which the assisted person is charged; and

(c)where the warrant is issued during the trial, and the trial is aborted as a result, the fee payable for a trial as if the trial had ended on the day the warrant was issued.

(3) Where the warrant is issued during the course of proceedings referred to in paragraph 15 or 18 the fee payable to the litigator is the fee set out in the table following paragraph 19, as appropriate to the type of proceedings.

(4) Sub-paragraph (5) applies where—

(a)a fee has been paid, or is payable, to the litigator in accordance with sub-paragraph (2);

(b)the warrant is executed within 15 months of the date on which it was issued;

(c)the case proceeds after the warrant has been executed; and

(d)the litigator submits a claim for fees for the determination of the litigator's overall remuneration in the case, in accordance with regulation 5.

(5) Where this sub-paragraph applies—

(a)the appropriate officer must deduct the amount paid or payable in accordance with sub-paragraph (2) from the amount payable to the litigator on the final determination of fees in the case; and

(b)if the fee paid or payable in accordance with sub-paragraph (2) is greater than the amount payable to the litigator on the final determination of fees in the case, the appropriate officer may recover the amount of the difference by way of repayment by the litigator.

Marginal Citations

PART 6E+WMiscellaneous

Additional chargesE+W

24.—(1) Where an assisted person is charged with more than one offence on one indictment, the fee payable to the litigator under this Schedule must be based on whichever of those offences the litigator selects.

(2) Where a litigator selects one offence, in preference to another offence, under sub-paragraph (1) that selection does not affect the litigator's right to claim any of the fees provided for in Part 5 of this Schedule to which the litigator would otherwise have been entitled.

Assisted person unfit to plead or stand trialE+W

25.  Where in any case a hearing is held to determine the question of whether the assisted person is unfit to plead or to stand trial (a “fitness hearing”)—

(a)if a trial on indictment is held, or continues, at any time thereafter, the length of the fitness hearing is included in determining the length of the trial for the calculation of the fee in accordance with Part 2;

(b)if a trial on indictment is not held, or does not continue, thereafter by reason of the assisted person being found unfit to plead or to stand trial, the litigator must be paid—

(i)a fee calculated in accordance with paragraph 7 or where appropriate paragraph 9, as appropriate to the combined length of—

(aa)the fitness hearing; and

(bb)any hearing under section 4A of the Criminal Procedure (Insanity) Act 1964 M14 (finding that the accused did the act or made the omission charged against him); or

(ii)a fee calculated in accordance with paragraph 6, or where appropriate paragraph 8, as appropriate, for representing an assisted person in a cracked trial,

whichever the litigator elects; and

(c)if at any time the assisted person pleads guilty to the indictable offence, the litigator must be paid either—

(i)a fee calculated in accordance with paragraph 7 or, where appropriate, paragraph 9, as appropriate to the length of the fitness hearing; or

(ii)a fee calculated in accordance with paragraph 6 or, where appropriate, paragraph 8, as appropriate for representing an assisted person in a guilty plea,

whichever the litigator elects.

Marginal Citations

Fees for confiscation proceedingsE+W

26.—(1) This paragraph applies to—

(a)proceedings under Part 2 of the Proceeds of Crime Act 2002 M15 (confiscation: England and Wales);

(b)proceedings under section 2 of the Drug Trafficking Act 1994 M16 (confiscation orders); and

(c)proceedings under section 71 of the Criminal Justice Act 1988 M17 (confiscation orders).

(2) Where this paragraph applies, the appropriate officer may allow work done in the following classes by a litigator—

(a)preparation, including taking instructions, interviewing witnesses, ascertaining the prosecution case, preparing and perusing documents, dealing with letters and telephone calls, instructing an advocate and expert witnesses, conferences, consultations and work done in connection with advice on appeal;

(b)attending at court where an advocate is instructed, including conferences with the advocate at court;

(c)travelling and waiting; and

(d)writing routine letters and dealing with routine telephone calls.

(3) The appropriate officer must consider the claim, any further particulars, information or documents submitted by the litigator under regulation 5 and any other relevant information and must allow such work as appears to him to have been reasonably done in the proceedings.

(4) Subject to sub-paragraph (3), the appropriate officer must allow fees under this paragraph in accordance with paragraph 27.

(5) The appropriate officer must allow fees in accordance with paragraphs 27 to 29 as appropriate to such of the following grades of fee earner as the appropriate officer considers reasonable—

(a)senior solicitor;

(b)solicitor, legal executive or fee earner of equivalent experience; or

(c)trainee or fee earner of equivalent experience.

Marginal Citations

Prescribed fee ratesE+W

27.  Subject to paragraphs 28 and 29, for proceedings in the Crown Court to which paragraph 26 applies the appropriate officer must allow fees for work under paragraph 26(2) at the following prescribed rates—

[F10Class of workGrade of fee earnerRateVariations
PreparationSenior solicitor£43.73 per hour£45.99 per hour for a fee earner whose office is situated within the City of London or a London borough
Solicitor, legal executive or fee earner of equivalent experience£37.13 per hour£38.98 per hour for a fee earner whose office is situated within the City of London or a London borough
Trainee or fee earner of equivalent experience£24.54 per hour£28.05 per hour for a fee earner whose office is situated within the City of London or a London borough
Attendance at court where more than one representative instructedSenior solicitor£34.86 per hour
Solicitor, legal executive or fee earner of equivalent experience£28.05 per hour
Trainee or fee earner of equivalent experience£16.91 per hour
Travelling and waitingSenior solicitor£20.42 per hour
Solicitor, legal executive or fee earner of equivalent experience£20.42 per hour
Trainee or fee earner of equivalent experience£10.31 per hour
Writing routine letters and dealing with routine telephone calls£2.85 per item£2.97 per item for a fee earner whose office is situated within the City of London or a London borough]

Textual Amendments

Allowing fees at less than the prescribed ratesE+W

28.  In respect of any item of work, the appropriate officer may allow fees at less than the relevant prescribed rate specified in paragraph 27 where it appears to the appropriate officer reasonable to do so having regard to the competence and despatch with which the work was done.

Allowing fees at more than the prescribed ratesE+W

29.—(1) Upon a determination the appropriate officer may, subject to the provisions of this paragraph, allow fees at more than the relevant prescribed rate specified in paragraph 27 for preparation, attendance at court where more than one representative is instructed, routine letters written and routine telephone calls, in respect of offences in Class A, B, C, D, G, I, J or K in the Table of Offences.

(2) The appropriate officer may allow fees at more than the prescribed rate where it appears to the appropriate officer, taking into account all the relevant circumstances of the case, that—

(a)the work was done with exceptional competence, skill or expertise;

(b)the work was done with exceptional despatch; or

(c)the case involved exceptional complexity or other exceptional circumstances.

(3) Paragraph 3 of Schedule 1 applies to litigators in respect of proceedings in the Crown Court as it applies to advocates.

(4) Where the appropriate officer considers that any item or class of work should be allowed at more than the prescribed rate, the appropriate officer must apply to that item or class of work a percentage enhancement in accordance with the following provisions of this paragraph.

(5) In determining the percentage by which fees should be enhanced above the prescribed rate the appropriate officer must have regard to—

(a)the degree of responsibility accepted by the fee earner;

(b)the care, speed and economy with which the case was prepared; and

(c)the novelty, weight and complexity of the case.

(6) The percentage above the relevant prescribed rate by which fees for work may be enhanced must not exceed 100%.

(7) The appropriate officer may have regard to the generality of proceedings to which these Regulations apply in determining what is exceptional within the meaning of this paragraph.