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.
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(1) (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.
26.—(1) This paragraph applies to—
(a)proceedings under Part 2 of the Proceeds of Crime Act 2002(2) (confiscation: England and Wales);
(b)proceedings under section 2 of the Drug Trafficking Act 1994(3) (confiscation orders); and
(c)proceedings under section 71 of the Criminal Justice Act 1988(4) (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.
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—
| Class of work | Grade of fee earner | Rate | Variations |
|---|---|---|---|
| Preparation | Senior solicitor | £53 per hour | £55.75 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 | £45 per hour | £47.25 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 | £29.75 per hour | £34.00 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 instructed | Senior solicitor | £42.25 per hour | |
| Solicitor, legal executive or fee earner of equivalent experience | £34.00 per hour | ||
| Trainee or fee earner of equivalent experience | £20.50 per hour | ||
| Travelling and waiting | Senior solicitor | £24.75 per hour | |
| Solicitor, legal executive or fee earner of equivalent experience | £24.75 per hour | ||
| Trainee or fee earner of equivalent experience | £12.50 per hour | ||
| Writing routine letters and dealing with routine telephone calls | £3.45 per item | £3.60 per item for a fee earner whose office is situated within the City of London or a London borough |
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.
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.
1964 c. 84, as amended by section 2 of the Criminal Procedure (Insanity and Unfitness to Plead) Act 1991 (c. 25) and section 22 of the Domestic Violence Crime and Victims Act 2004 (c. 28).