STATUTORY INSTRUMENTS
2013 No. 435
LEGAL AID AND ADVICE, ENGLAND AND WALES
The Criminal Legal Aid
(Remuneration) Regulations 2013
Made
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-
-
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26th February 2013
Laid before Parliament -
28th February 2013
Coming into force -
-
1st April 2013
£18.50
STATUTORY INSTRUMENTS
2013 No. 435
LEGAL AID AND ADVICE, ENGLAND AND WALES
The Criminal Legal Aid (Remuneration) Regulations 2013
Made
-
-
-
-
Laid before Parliament
Coming into force -
26th February 2013
28th February 2013
-
1st April 2013
CONTENTS
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
25.
26.
27.
28.
29.
Citation and commencement
Interpretation
Scope
Claims for fees by advocates – Crown Court
Claims for fees and disbursements by litigators – Crown Court
Proceedings in the Court of Appeal
Proceedings in the Supreme Court
Claims for fees for certain categories of work to which the Standard Crime
Contract applies
Payments from other sources
Cases committed or sent for trial to the Crown Court
Proceedings for contempt
Notification of Very High Cost Cases
Authorisation of expenditure
Interim payment of disbursements
Interim disbursements and final determination of fees
Expert services
Determination of litigators’ disbursements
Interim payments in cases awaiting determination of fees
Amount of interim payments in cases awaiting determination of fees
Staged payments in long Crown Court proceedings
Hardship payments
Computation of final claim where an interim payment has been made
Payment of fees to advocates – Crown Court
Payment of fees to litigators – Crown Court
Recovery of overpayments
Adverse observations
Wasted costs orders
Redetermination of fees by appropriate officer
Appeals to a Costs Judge
30.
31.
Appeals to the High Court
Time limits
SCHEDULE 1
PART 1
PART 2
PART 3
PART 4
PART 5
PART 6
PART 7
SCHEDULE 2
PART 1
PART 2
PART 3
PART 4
PART 5
PART 6
SCHEDULE 3
SCHEDULE 4
SCHEDULE 5
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Advocates’ Graduated Fee Scheme
Definitions and Scope
Graduated Fees for Trial
Graduated Fees for Guilty Pleas and Cracked Trials
Fixed Fee for Guilty Pleas and Cracked Trials
Fixed Fees
Miscellaneous
Table of Offences
Litigators’ Graduated Fee Scheme
Definitions and Scope
Graduated Fees for Guilty Pleas, Cracked Trials and Trials
Fixed Fee for Guilty Pleas and Cracked Trials
Defendant Uplifts, Retrials and Transfers
Fixed Fees
Miscellaneous
Proceedings in the Court of Appeal
Rates payable for the claims specified in Regulation 8
Experts’ Fees and Rates
The Lord Chancellor makes these Regulations(a) in exercise of the powers conferred by sections
2(3), 5(2) and (4), 30(2) and 41(1) to (3) of the Legal Aid, Sentencing and Punishment of
Offenders Act 2012(b).
Citation and commencement
1. These Regulations may be cited as the Criminal Legal Aid (Remuneration) Regulations 2013
and shall come into force on 1st April 2013.
Interpretation
2.—(1) In these Regulations—
“the Act” means the Legal Aid, Sentencing and Punishment of Offenders Act 2012;
“advocate” means a barrister, a solicitor advocate or a solicitor who is exercising their
automatic rights of audience in the Crown Court;
“appropriate officer” means—
(a) in the case of proceedings in the civil division of the Court of Appeal, the head of the
civil appeals office;
(b) in the case of proceedings in the criminal division of the Court of Appeal, the registrar of
criminal appeals;
(c) in the case of proceedings in the Crown Court, the Lord Chancellor;
(a) Section 42(1) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10) provides that in Part 1 of that Act
“regulations” means regulations made by the Lord Chancellor.
(b) 2012 c. 10.
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(d) in respect of advice or assistance as to an appeal from the Crown Court to the Court of
Appeal (except in the case of an appeal under section 9(11) of the Criminal Justice Act
1987(a) (preparatory hearings)) where, on the advice of any representative instructed,
notice of appeal is given, or application for leave to appeal is made, whether or not such
appeal is later abandoned, the registrar of criminal appeals;
(e) in respect of advice or assistance as to an appeal to the Courts-Martial Appeal Court, the
registrar of criminal appeals;
(f) in respect of advice or assistance as to an appeal from the Court of Appeal to the Supreme
Court, where the appeal is not lodged with the Supreme Court, the registrar of criminal
appeals; and
(g) in any other case, the Lord Chancellor,
and, in any case, includes an officer designated by the person who is the appropriate officer by
virtue of paragraphs (a) to (g) to act on his behalf for the purposes of these Regulations;
“assisted person” means an individual in whose favour a section 16 determination has been
made;
“fee earner” means a litigator, or person employed by a litigator, who undertakes work on a
case;
“instructed advocate” means—
(a) where the section 16 determination provides for representation by a single advocate, the
first barrister or solicitor advocate instructed in the case, who has primary responsibility
for the case; or
(b) where the section 16 determination provides for representation by more than one
advocate, each of—
(i) the leading instructed advocate; and
(ii) the led instructed advocate;
“leading instructed advocate” means the first leading barrister or solicitor advocate instructed
in the case who has primary responsibility for those aspects of a case undertaken by a leading
advocate;
“led instructed advocate” means the first led barrister or solicitor advocate instructed in the
case who has primary responsibility for those aspects of the case undertaken by a led
advocate;
“litigator” means the person referred to in the representation order as representing an assisted
person, being a solicitor, firm of solicitors or other appropriately qualified person.
“related proceedings” means—
(a) two or more sets of proceedings involving the same defendant which are prepared, heard
or dealt with together; or
(b) proceedings involving more than one defendant which arise out of the same incident, so
that the defendants are charged, tried or disposed of together;
“representation order” means a document which records a section 16 determination;
“representative” means a litigator or an advocate including, where appropriate, an instructed
advocate;
“section 16 determination” means a determination made under section 16 of the Act that an
individual qualifies for representation for the purposes of criminal proceedings;
“senior solicitor” means a solicitor who, in the judgement of the appropriate officer, has the
skill, knowledge and experience to deal with the most difficult and complex cases;
“solicitor advocate” means a solicitor who has obtained a higher courts advocacy qualification
in accordance with regulations and rules of conduct of the Law Society;
(a) 1987 c. 38.
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“solicitor, legal executive or fee earner of equivalent experience” means a solicitor, Fellow of
the Institute of Legal Executives or equivalent senior fee earner who, in the judgement of the
appropriate officer, has good knowledge and experience of the conduct of criminal cases;
“trainee solicitor or fee earner of equivalent experience” means a trainee solicitor or other fee
earner who is not a Fellow of the Institute of Legal Executives, who, in the judgement of the
appropriate officer, carries out the routine work on a case;
“Very High Cost Case” means a case in which a section 16 determination has been made and
which the Director classifies as a Very High Cost Case on the grounds that—
(a) in relation to fees claimed by litigators—
(i) if the case were to proceed to trial, the trial would in the opinion of the Director be
likely to last for more than 40 days and the Director considers that there are no
exceptional circumstances which make it unsuitable to be dealt with under an
individual case contract for Very High Cost Cases made by the Lord Chancellor
under section 2(1) of the Act; or
(ii) if the case were to proceed to trial, the trial would in the opinion of the Director be
likely to last no fewer than 25 and no more than 40 days and the Director considers
that there are circumstances which make it suitable to be dealt with under an
individual case contract for Very High Cost Cases made by the Lord Chancellor
under section 2(1) of the Act;
(b) in relation to fees claimed by advocates, if the case were to proceed to trial, the trial
would in the opinion of the Director be likely to last for more than 60 days and the
Director considers that there are no exceptional circumstances which make it unsuitable
to be dealt with under an individual case contract for Very High Cost Cases made by the
Lord Chancellor under section 2(1) of the Act.
(2) The fees and rates set out in the Schedules to these Regulations are exclusive of value added
tax.
(3) A function of the Lord Chancellor or Director under these Regulations may be exercised by,
or by an employee of, a person authorised for that purpose by the Lord Chancellor or Director
respectively(a).
Scope
3.—(1) Regulations 5(2), 10 and 14(1) apply to proceedings in magistrates’ courts and to
proceedings in the Crown Court.
(2) Regulation 8 and Schedule 4 apply to proceedings in magistrates’ courts, to proceedings in
the Crown Court and to proceedings in the High Court.
(3) Regulations 16 and 31 and Schedule 5 apply to proceedings in magistrates’ courts, to
proceedings in the Crown Court and to proceedings in the Court of Appeal.
(4) Regulations 4, 5(1) and (3) to (8), 13, 14(2) to (9), 15, 17 to 24 and 28 to 30 and Schedules 1
and 2 apply to proceedings in the Crown Court only.
(5) Regulations 9, 11 and 25 to 27, apply to proceedings in the Crown Court and to proceedings
in the Court of Appeal.
(6) Regulation 6 and Schedule 3 apply to proceedings in the Court of Appeal only.
(7) Regulation 7 applies to proceedings in the Supreme Court only.
(8) With the exception of regulation 12 and paragraphs 13(8) and (9) of Schedule 2, these
Regulations do not apply to Very High Cost Cases.
(9) For the purpose of these Regulations, any reference to the Court of Appeal includes as
appropriate a reference to—
(a) Section 6 of the Act (authorisations) makes provision for authorisations given for the purpose of section 5 of the Act
(delegation) or regulations under that section.
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(a) the criminal division of the Court of Appeal;
(b) the civil division of the Court of Appeal;
(c) the Courts-Martial Appeal Court; and
(d) a Divisional Court of the High Court.
Claims for fees by advocates – Crown Court
4.—(1) Claims for fees by an instructed advocate in proceedings in the Crown Court must be
made and determined in accordance with the provisions of Schedule 1 to these Regulations.
(2) A claim for fees under this regulation and Schedule 1 must be made by each instructed
advocate.
(3) Subject to regulation 31, a claim by an instructed advocate for fees in respect of work done
pursuant to a section 16 determination must not be entertained unless the instructed advocate
submits it within three months of the conclusion of the proceedings to which it relates.
(4) An instructed advocate must submit a claim for fees to the appropriate officer in such form
and manner as the appropriate officer may direct.
(5) An instructed advocate must supply such further information and documents as the
appropriate officer may require.
(6) Where a confiscation hearing under Part 2 of the Proceeds of Crime Act 2002(a)
(confiscation: England and Wales), section 2 of the Drug Trafficking Act 1994(b) (confiscation
orders) or section 71 of the Criminal Justice Act 1988(c) (confiscation orders) is to be held more
than 28 days after—
(a) the conclusion of the trial to which the section 16 determination relates; or
(b) the entering of a guilty plea,
an instructed advocate may submit any claim for fees in respect of the trial or guilty plea as soon
as the trial has concluded or the guilty plea has been entered.
(7) Where the section 16 determination provides for representation by—
(a) a single advocate other than a QC; or
(b) two or more advocates other than QC,
and a QC agrees to appear as the single advocate or as a leading junior, that QC must be treated
for all the purposes of these Regulations as having been instructed in relation to that
determination, and the remuneration of that QC must be determined as if the advocate were not a
QC.
Claims for fees and disbursements by litigators – Crown Court
5.—(1) Claims for fees by litigators in proceedings in the Crown Court must be made and
determined in accordance with the provisions of Schedule 2 to these Regulations.
(2) Claims for disbursements by litigators in proceedings in the Crown Court or in proceedings
in a magistrates’ court which are subsequently committed or sent for trial to the Crown Court must
be made and determined in accordance with the provisions of regulations 14 to 17.
(3) Subject to regulation 31, a claim by a litigator for fees in respect of work done pursuant to a
section 16 determination must not be entertained unless the litigator submits it within three months
of the conclusion of the proceedings to which it relates.
(a) 2002 c. 29.
(b) 1994 c. 37. Section 2 was repealed by sections 456 and 457 of, and Schedules 11 and 12 to, the Proceeds of Crime Act
2002, subject to certain savings set out in S.I. 2003/333.
(c) 1998 c. 33. Section 71 was repealed by sections 456 and 457 of, and Schedules 11 and 12 to, the Proceeds of Crime Act
2002, subject to certain savings set out in S.I. 2003/333.
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(4) Subject to paragraph (5), a claim by a litigator for fees in proceedings in the Crown Court
must be submitted to the appropriate officer in such form and manner as the appropriate officer
may direct and must be accompanied by the representation order and any receipts or other
documents in support of any disbursement claimed.
(5) A claim under paragraph 20 or 26 of Schedule 2 to these Regulations must—
(a) summarise the items of work done by a fee earner in respect of which fees are claimed
according to the classes specified in paragraph 26(2) of Schedule 2;
(b) state, where appropriate, the dates on which the items of work were done, the time taken,
the sums claimed and whether the work was done for more than one assisted person;
(c) specify, where appropriate, the level of fee earner who undertook each of the items of
work claimed; and
(d) give particulars of any work done in relation to more than one indictment or a retrial.
(6) Where the litigator claims that paragraph 29 of Schedule 2 applies in relation to an item of
work, the litigator must give full particulars in support of the claim.
(7) The litigator must specify any special circumstances which the litigator considers should be
drawn to the attention of the appropriate officer.
(8) The litigator must supply such further information and documents as the appropriate officer
may require.
Proceedings in the Court of Appeal
6. Claims for fees by representatives in proceedings in the Court of Appeal must be made and
determined in accordance with the provisions of Schedule 3 to these Regulations.
Proceedings in the Supreme Court
7.—(1) In proceedings in the Supreme Court, the fees payable to a representative in respect of
advice and assistance or representation made available to an individual in accordance with
sections 15 or 16 of the Act must be determined by such officer as may be prescribed by order of
the Supreme Court.
(2) Subject to paragraph (1), these Regulations do not apply to proceedings in the Supreme
Court.
Claims for fees for certain categories of work to which the Standard Crime Contract applies
8.—(1) This regulation applies to—
(a) advice and assistance provided pursuant to a determination made under section 13 or
section 15 of the Act;
(b) representation in proceedings in a magistrates’ court pursuant to a section 16
determination;
(c) representation pursuant to a section 16 determination in proceedings prescribed as
criminal proceedings under section 14(h) of the Act; and
(d) representation in appeals by way of case stated to the High Court.
(2) Claims for fees in cases to which this regulation applies must—
(a) be made and determined in accordance with the 2010 Standard Crime Contract; and
(b) be paid in accordance with the rates set out in Schedule 4.
(3) In this regulation and in Schedule 4, “2010 Standard Crime Contract” means the contract so
named between the Lord Chancellor and a person with whom the Lord Chancellor has made an
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arrangement under section 2(1) of the Act for the provision of advice, assistance and
representation made available under sections 13, 15 and 16 of the Act(a).
Payments from other sources
9. Where representation is provided in respect of any proceedings, the representative, whether
acting pursuant to a section 16 determination or otherwise, must not receive or be a party to the
making of any payment for work done in connection with those proceedings, except such
payments as may be made—
(a) by the Lord Chancellor; or
(b) in respect of any expenses or fees incurred in—
(i) preparing, obtaining or considering any report, opinion or further evidence, whether
provided by an expert witness or otherwise; or
(ii) obtaining any transcripts or recordings,
where an application under regulation 13 for an authority to incur such fees or expenses has been
refused by a committee appointed under arrangements made by the Lord Chancellor to deal with,
amongst other things, appeals of, or review of, assessment of costs.
Cases committed or sent for trial to the Crown Court
10.—(1) Where a case is committed or sent for trial or transferred to the Crown Court, the
payment in relation to work carried out in the magistrates’ court is included within the applicable
fee payable under Schedule 1 or Schedule 2.
(2) Paragraph (1) does not apply where the case is remitted to a magistrates’ court.
Proceedings for contempt
11. Where representation is provided in proceedings referred to in section 14(g) of the Act
(proceedings for contempt in the face of a court), the Lord Chancellor may only pay remuneration
for services in accordance with Schedules 1, 2 and 3.
Notification of Very High Cost Cases
12.—(1) A litigator who has conduct of a case which is, or is likely to be classified as, a Very
High Cost Case, must notify the Lord Chancellor in writing as soon as practicable.
(2) Where a litigator fails to comply with this regulation without good reason, and as a result
there is a loss to public funds, the Lord Chancellor may refuse payment of the litigator’s costs up
to the extent of such loss.
(3) The Lord Chancellor must not refuse payment under paragraph (2) unless the litigator has
been given a reasonable opportunity to show why the payment should not be refused.
Authorisation of expenditure
13.—(1) Where it appears to a litigator necessary for the proper conduct of proceedings in the
Crown Court for costs to be incurred in relation to representation by taking any of the following
steps—
(a) obtaining a written report or opinion of one or more experts;
(b) employing a person to provide a written report or opinion (otherwise than as an expert);
(c) obtaining any transcripts or recordings; or
(a) A copy of the 2010 Standard Crime Contract is available at www.justice.gov.uk/legal-aid. Copies can be inspected at the
Legal Aid Agency (Head Office), 102 Petty France, London, SW1H 9AJ.
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(d) performing an act which is either unusual in its nature or involves unusually large
expenditure,
the litigator may apply to the Lord Chancellor for prior authority to do so.
(2) Where the Lord Chancellor authorises the taking of any step referred to in paragraph (1), the
Lord Chancellor shall also authorise the maximum to be paid in respect of that step.
(3) A representative assigned to an assisted person in any proceedings in the Crown Court may
apply to the Lord Chancellor for prior authority for the incurring of travelling and accommodation
expenses in order to attend at the trial or other main hearing in those proceedings.
Interim payment of disbursements
14.—(1) A litigator may submit a claim to the appropriate officer for payment of a disbursement
for which the litigator has incurred liability in proceedings in the Crown Court, or in proceedings
in a magistrates’ court which are subsequently committed or sent for trial or transferred to the
Crown Court, in accordance with the provisions of this regulation.
(2) A claim for payment under paragraph (1) may be made where—
(a) a litigator has obtained prior authority to incur expenditure of £100 or more under
regulation 13; and
(b) the litigator has incurred such a liability.
(3) Without prejudice to regulation 17(4) and (5) a claim for payment under paragraph (1) must
not exceed the maximum amount authorised under the prior authority.
(4) A claim for payment under paragraph (1) may be made at any time before the litigator
submits a claim for fees under regulation 5.
(5) A claim for payment under paragraph (1) must be submitted to the appropriate officer in
such form and manner as the appropriate officer may direct and must be accompanied by the
authority to incur expenditure and any invoices or other documents in support of the claim.
(6) Subject to regulation 16, the appropriate officer must allow the disbursement subject to the
limit in paragraph (3) if it appears to have been reasonably incurred in accordance with the prior
authority.
(7) The appropriate officer must notify the litigator and, where the disbursement claimed
includes the fees or charges of any person, may notify that person of the appropriate officer’s
decision.
(8) Where the appropriate officer allows the disbursement, the appropriate officer must notify
the litigator and, where the disbursement includes the fees or charges of any person, may notify
that person, of the amount payable, and must authorise payment to the litigator accordingly.
(9) Regulations 28 to 30 do not apply to a payment under this regulation.
Interim disbursements and final determination of fees
15.—(1) On a final determination of fees, regulations 5(2) and 17 apply notwithstanding that a
payment has been made under regulation 14.
(2) Where the amount found to be due under regulation 17 in respect of a disbursement is less
than the amount paid under regulation 14 (“the interim payment”), the appropriate officer must
deduct the difference from the sum otherwise payable to the litigator on the determination of fees,
and where the amount due under regulation 17 exceeds the interim payment, the appropriate
officer must add the difference to the amount otherwise payable to the litigator.
Expert services
16.—(1) Subject to paragraph (2), the Lord Chancellor may provide for the payment of expert
services only at the fixed fees or at rates not exceeding the rates set out in Schedule 5.
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(2) The appropriate officer may, in relation to a specific claim, increase the fixed fees or rates
set out in Schedule 5 if that officer considers it reasonable to do so in exceptional circumstances.
(3) For the purposes of paragraph (2), exceptional circumstances are where the expert’s
evidence is key to the client’s case and either—
(a) the complexity of the material is such that an expert with a high level of seniority is
required; or
(b) the material is of such a specialised and unusual nature that only very few experts are
available to provide the necessary evidence.
Determination of litigators’ disbursements
17.—(1) Subject to paragraphs (2) to (5), the appropriate officer must allow such disbursements
claimed under regulation 5(2) as appear to the appropriate officer to have been reasonably
incurred.
(2) If the disbursements claimed are abnormally large by reason of the distance of the court or
the assisted person’s residence or both from the litigator’s place of business, the appropriate
officer may limit reimbursement of the disbursements to what otherwise would, having regard to
all the circumstances, be a reasonable amount.
(3) No question as to the propriety of any step or act in relation to which prior authority has been
obtained under regulation 13 may be raised on any determination of disbursements, unless the
litigator knew or ought reasonably to have known that the purpose for which the authority was
given had failed or had become irrelevant or unnecessary before the disbursements were incurred.
(4) Where disbursements are reasonably incurred in accordance with and subject to the limit
imposed by a prior authority given under regulation 13, no question may be raised on any
determination of fees as to the amount of the payment to be allowed for the step or act in relation
to which the authority was given.
(5) Where disbursements are incurred in taking any steps or doing any act for which authority
may be given under regulation 13, without such authority having been given or in excess of any
fee so authorised, payment in respect of those disbursements may nevertheless be allowed on a
determination of disbursements payable under regulation 5.
(6) Paragraph (7) applies where the Lord Chancellor receives a request for funding of an expert
service of a type not listed in Schedule 5.
(7) In considering the rate at which to fund the expert service the Lord Chancellor—
(a) must have regard to the rates set out in Schedule 5; and
(b) may require more than one quotation for provision of the service to be submitted to the
Lord Chancellor.
Interim payments in cases awaiting determination of fees
18.—(1) The appropriate officer must authorise an interim payment in respect of a claim for fees
in proceedings in the Crown Court in accordance with this regulation.
(2) Entitlement to a payment arises in respect of a claim for fees by an instructed advocate,
where—
(a) the graduated fee claimed in accordance with Schedule 1 is £4,000 or more (exclusive of
value added tax); and
(b) the claim for fees is for less than the amount mentioned in sub-paragraph (a) but is related
to any claim for fees falling under sub-paragraph (a).
(3) For the purposes of this regulation, the following claims for fees are related to each other—
(a) the claims of instructed advocates acting in the same proceedings for a defendant; and
(b) the claims of any instructed advocate acting for any assisted person in related
proceedings.
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(4) Entitlement to a payment under paragraph (1) does not arise until three months have elapsed
from the earlier of—
(a) the date on which the claim for fees is received by the appropriate officer for
determination, except that where there are related claims for fees, the date on which the
last claim is received by the appropriate officer; or
(b) three months after the conclusion of the last of any related proceedings.
(5) An instructed advocate may submit a claim for an interim payment under this regulation
where—
(a) no payment has been made under paragraph (1); and
(b) six months have elapsed from the conclusion of the proceedings against the assisted
person.
(6) Subject to regulation 31, payment must not be made under this regulation unless the
instructed advocate has submitted a claim for fees in accordance with regulation 4(3).
Amount of interim payments in cases awaiting determination of fees
19.—(1) Where entitlement to an interim payment arises under regulation 18, the amount
payable is 40% of the total claim for fees, less any sum already paid.
(2) Regulations 28 to 30 do not apply to an interim payment under this regulation.
Staged payments in long Crown Court proceedings
20.—(1) An instructed advocate may submit a claim to the appropriate officer for a staged
payment of the instructed advocate’s fees in relation to proceedings in the Crown Court.
(2) Where a claim is submitted in accordance with this regulation, a staged payment must be
allowed where the appropriate officer is satisfied—
(a) that the claim relates to fees for a period of preparation of 100 hours or more, for which
the instructed advocate will, subject to final determination of the fees payable, be entitled
to be paid in accordance with Schedule 1; and
(b) that the period from committal, or sending for trial or transfer (or from the date of the
section 16 determination, if later) to the conclusion of the Crown Court proceedings is
likely to exceed 12 months, having regard, amongst other matters, to the number of
defendants, the anticipated pleas and the weight and complexity of the case.
(3) In this regulation, “preparation” means—
(a) reading the papers in the case;
(b) contact with prosecutors;
(c) written or oral advice on plea;
(d) researching the law, preparation for examination of witnesses and preparation of oral
submissions;
(e) viewing exhibits or undisclosed material at police stations;
(f) written advice on evidence;
(g) preparation of written submissions, notices or other documents for use at the trial;
(h) attendance at views at the scene of the alleged offence,
and is limited to preparation done before the trial, except in proceedings in which a preparatory
hearing has been ordered under section 8 of the Criminal Justice Act 1987 (commencement of trial
and arraignment), in which case it is limited to preparation done before the date on which the jury
is sworn (or on which it became certain, by reason of pleas of guilty or otherwise, that the matter
would not proceed to trial).
(4) The amount allowed for preparation falling within paragraph (3) must be determined by
reference to the number of hours of preparation which it appears to the appropriate officer, without
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prejudice to the final determination of the fees payable, has been reasonably done, multiplied by
the hourly rate for special preparation as set out in the table following paragraph 24 of Schedule 1,
as appropriate to the category of advocate.
(5) A claim for staged payment of fees under this regulation must be made to the appropriate
officer in such form and manner as the appropriate officer may direct, including such case plan as
the appropriate officer may require for the purposes of paragraph (2)(a).
(6) An instructed advocate may claim further staged payments in accordance with this regulation
in respect of further periods of preparation exceeding 100 hours which were not included in an
earlier claim.
(7) Regulations 28 to 30 do not apply to a payment under this regulation.
Hardship payments
21.—(1) Subject to paragraphs (5) and (6), the appropriate officer may allow a hardship
payment to a representative in the circumstances set out in paragraph (2).
(2) Those circumstances are that the representative—
(a) represents the assisted person in proceedings in the Crown Court;
(b) applies for such payment, in such form and manner as the appropriate officer may direct,
not less than six months after the representative was first instructed in those proceedings,
or in related proceedings if the representative was instructed in those proceedings earlier
than in the proceedings to which the application relates;
(c) is unlikely to receive final payment in respect of the proceedings, as determined under
Schedule 1 or 2, within the three months following the application for the hardship
payment; and
(d) satisfies the appropriate officer that, by reason of the circumstance in sub-paragraph (c),
the representative is likely to suffer financial hardship.
(3) Every application for a hardship payment by an advocate must be accompanied by such
information and documents as the appropriate officer may require as evidence of—
(a) the work done by the advocate in relation to the proceedings up to the date of the
application; and
(b) the likelihood of financial hardship.
(4) Every application for a hardship payment by a litigator must be accompanied by such
information and documents as the appropriate officer may require as evidence of—
(a) the Class of Offence with which the assisted person is charged, in accordance with Part 7
of Schedule 1;
(b) the length of trial, where appropriate;
(c) the number of pages of prosecution evidence, determined in accordance with paragraph
1(2) of Schedule 2;
(d) the total number of defendants in the proceedings who are represented by the litigator;
(e) the likelihood of financial hardship.
(5) The amount of any hardship payment is at the discretion of the appropriate officer, but must
not exceed such sum as would be reasonable remuneration for the work done by the representative
in the proceedings up to the date of the application.
(6) A hardship payment must not be made if it appears to the appropriate officer that the sum
which would be reasonable remuneration for the representative, or the sum required to relieve the
representative’s financial hardship, is less than £5,000 (excluding value added tax).
(7) Where the appropriate officer allows a hardship payment under paragraph (1), the
appropriate officer must authorise payment accordingly.
(8) Where the application for a hardship payment is made by an advocate other than an
instructed advocate, and the appropriate officer allows a hardship payment under paragraph (1)—
11
(a) payment must be made to the leading instructed advocate or the led instructed advocate,
as appropriate; and
(b) the appropriate officer must notify the advocate who made the application that payment
has been made to the instructed advocate.
Computation of final claim where an interim payment has been made
22.—(1) At the conclusion of a case in which one or more payments have been made to an
instructed advocate or a litigator under regulations 18 to 21, the instructed advocate or litigator
must submit a claim under regulation 4 or 5 for the determination of the overall remuneration,
whether or not such a claim will result in any payment additional to those already made.
(2) In the determination of the amount payable to an instructed advocate or litigator under
regulation 4 or 5—
(a) the appropriate officer must deduct the amount of any payment made under regulations
18 to 21 in respect of the same case from the amount that would otherwise be payable;
and
(b) if the amount of the interim payment is greater than the amount that would otherwise be
payable, the appropriate officer may recover the amount of the difference, either by way
of repayment by the instructed advocate or litigator or by way of deduction from any
other amount that may be due to the instructed advocate or litigator.
Payment of fees to advocates – Crown Court
23.—(1) Having determined the fees payable to each instructed advocate, in accordance with
Schedule 1, the appropriate officer must notify each instructed advocate of the fees payable and
authorise payment accordingly.
(2) Where, as a result of any redetermination or appeal made or brought pursuant to regulations
28 to 30, the fees payable under paragraph (1) are altered—
(a) if they are increased, the appropriate officer must authorise payment of the increase; or
(b) if they are decreased, the instructed advocate must repay the amount of such decrease.
(3) Where the payment of any fees of an instructed advocate is ordered under regulation 29(12)
or regulation 30(8), the appropriate officer must authorise payment.
Payment of fees to litigators – Crown Court
24.—(1) Having determined the fees payable to a litigator in accordance with Schedule 2, the
appropriate officer must authorise payment accordingly.
(2) Where the appropriate officer determines that the fees payable under paragraph (1) are
greater than or less than the amount claimed by the litigator under regulation 5(1), the appropriate
officer must notify the litigator of the amount the appropriate officer has determined to be payable.
(3) Where, as a result of any redetermination or appeal made or brought pursuant to regulations
28 to 30, the fees payable under paragraph (1) are altered—
(a) if they are increased, the appropriate officer must authorise payment of the increase; or
(b) if they are decreased, the litigator must repay the amount of such decrease.
(4) Where the payment of any fees of the litigator is ordered under regulation 29(12) or
regulation 30(8), the appropriate officer must authorise payment.
Recovery of overpayments
25.—(1) This regulation applies where a representative is entitled to be paid a certain sum (“the
amount due”) by virtue of the provisions of Schedule 1, 2 or 3 and, for whatever reason, the
representative is paid an amount greater than that sum.
(2) Where this regulation applies, the appropriate officer may—
12
(a) require immediate repayment of the amount in excess of the amount due (“the excess
amount”); or
(b) deduct the excess amount from any other sum which is or becomes payable to the
representative by virtue of the provisions of Schedule 1, 2 or 3,
and where sub-paragraph (a) applies the representative must repay the excess amount to the
appropriate officer.
(3) The appropriate officer may proceed under paragraph (2)(b) without first proceeding under
paragraph (2)(a).
(4) Paragraph (2) applies notwithstanding that the representative to whom the excess amount
was paid is exercising, or may exercise, a right under regulations 28 to 30.
Adverse observations
26.—(1) Where in any proceedings to which Schedule 1, 2 or 3 applies, the court makes adverse
observations concerning a representative’s conduct of the proceedings, the appropriate officer may
reduce any fee which would otherwise be payable in accordance with Schedule 1, 2 or 3 by such
proportion as the appropriate officer considers reasonable.
(2) Before reducing the fee payable to a representative in accordance with the provisions of
paragraph (1), the appropriate officer must give the representative the opportunity to make
representations about whether it is appropriate to reduce the fee and the extent to which the fee
should be reduced.
Wasted costs orders
27.—(1) Subject to paragraph (2), where the court has disallowed the whole or any part of any
wasted costs under section 19A of the Prosecution of Offences Act 1985(a) (costs against legal
representatives etc), the appropriate officer, in determining fees in respect of work done by the
representative against whom the wasted costs order was made, may deduct the amount in the
wasted costs order from the amount otherwise payable in accordance with these Regulations.
(2) Where the appropriate officer, in accordance with this regulation, is minded to disallow any
amount of a claim for work done to which the wasted costs order relates, the appropriate officer
must disallow that amount or the amount of the wasted costs order, whichever is the greater.
Redetermination of fees by appropriate officer
28.—(1) Where—
(a) an advocate in proceedings in the Crown Court is dissatisfied with the decision not to
allow any of the following fees, or with the number of hours allowed in the calculation of
such a fee, namely—
(i) a special preparation fee under paragraph 17 of Schedule 1; or
(ii) a wasted preparation fee under paragraph 18 of Schedule 1; or
(b) an instructed advocate in proceedings in the Crown Court is dissatisfied with—
(i) the decision not to allow an hourly fee in respect of attendance at conferences or
views at the scene of the alleged offence under paragraph 19 of Schedule 1, or with
the number of hours allowed in the calculation of such a fee;
(ii) the calculation by the appropriate officer of the fee payable to the instructed advocate
in accordance with Schedule 1; or
(iii) the decision of the appropriate officer under paragraph 3(3) of Schedule 1
(reclassification of an offence not specifically listed in the relevant Table of Offences
and so deemed to fall within Class H); or
(a) 1985 c. 23. Section 19A was inserted by section 111 of the Courts and Legal Services Act 1990 (c. 41).
13
(c) a litigator is dissatisfied with—
(i) the calculation by the appropriate officer of the fee payable to the litigator in
accordance with Schedule 2; or
(ii) the decision of the appropriate officer under paragraph 3(3) of Schedule 2
(reclassification of an offence not specifically listed in the relevant Table of Offences
and so deemed to fall within Class H),
the advocate, instructed advocate or litigator, as the case may be, may apply to the appropriate
officer to redetermine those fees, to review that decision or to reclassify the offence, as
appropriate.
(2) An application under paragraph (1) may not challenge the quantum of any of the fees set out
in Schedule 1 or Schedule 2.
(3) Subject to regulation 31, an application under paragraph (1), or paragraph 11(1) of Schedule
3, must be made—
(a) within 21 days of the receipt of the fees payable under regulation 23, regulation 24 or
paragraph 10 of Schedule 3, as appropriate;
(b) by giving notice in writing to the appropriate officer, specifying the matters in respect of
which the application is made and the grounds of objection; and
(c) in such form and manner as the appropriate officer may direct.
(4) The notice of application must be accompanied by the information and documents supplied
under regulation 4, regulation 5 or Schedule 3, as appropriate.
(5) The notice of application must state whether the applicant wishes to appear or to be
represented and, if the applicant so wishes, the appropriate officer must notify the applicant of the
hearing date and time.
(6) The applicant must supply such further information and documents as the appropriate officer
may require.
(7) The appropriate officer must, in the light of the objections made by the applicant or on
behalf of the applicant—
(a) redetermine the fees, whether by way of confirmation, or increase or decrease in the
amount previously determined;
(b) confirm the classification of the offence within Class H; or
(c) reclassify the offence,
as the case may be, and must notify the applicant of his decision.
(8) Where the applicant so requests, the appropriate officer must give reasons in writing for the
appropriate officer’s decision.
(9) Subject to regulation 31, any request under paragraph (8) must be made within 21 days of
receiving notification of the appropriate officer’s decision under paragraph (7).
Appeals to a Costs Judge
29.—(1) Where the appropriate officer has given his reasons for his decision under regulation
28(8), a representative who is dissatisfied with that decision may appeal to a Costs Judge.
(2) Subject to regulation 31, an appeal under paragraph (1) or paragraph 11(2) of Schedule 3
must be instituted within 21 days of the receipt of the appropriate officer’s reasons, by giving
notice in writing to the Senior Costs Judge.
(3) The appellant must send a copy of any notice of appeal given under paragraph (2) to the
appropriate officer.
(4) The notice of appeal must be accompanied by—
(a) a copy of any written representations given under regulation 28(3);
14
(b) the appropriate officer’s reasons for the appropriate officer’s decision given under
regulation 28(8); and
(c) the information and documents supplied to the appropriate officer under regulation 28.
(5) The notice of appeal must—
(a) be in such form as the Senior Costs Judge may direct;
(b) specify separately each item appealed against, showing (where appropriate) the amount
claimed for the item, the amount determined and the grounds of the objection to the
determination; and
(c) state whether the appellant wishes to appear or to be represented or whether the appellant
will accept a decision given in the appellant’s absence.
(6) The Senior Costs Judge may, and if so directed by the Lord Chancellor either generally or in
a particular case must, send to the Lord Chancellor a copy of the notice of appeal together with
copies of such other documents as the Lord Chancellor may require.
(7) With a view to ensuring that the public interest is taken into account, the Lord Chancellor
may arrange for written or oral representations to be made on the Lord Chancellor’s behalf and, if
the Lord Chancellor intends to do so, the Lord Chancellor must inform the Senior Costs Judge and
the appellant.
(8) Any written representations made on behalf of the Lord Chancellor under paragraph (7) must
be sent to the Senior Costs Judge and the appellant and, in the case of oral representations, the
Senior Costs Judge and the appellant must be informed of the grounds on which such
representations will be made.
(9) The appellant must be permitted a reasonable opportunity to make representations in reply.
(10) The Costs Judge must inform the appellant (or the person representing him) and the Lord
Chancellor, where representations have been or are to be made on the Lord Chancellor’s behalf, of
the date of any hearing and, subject to the provisions of this regulation, may give directions as to
the conduct of the appeal.
(11) The Costs Judge may consult the trial judge or the appropriate officer and may require the
appellant to provide any further information which the Costs Judge requires for the purpose of the
appeal and, unless the Costs Judge otherwise directs, no further evidence may be received on the
hearing of the appeal and no ground of objection may be raised which was not raised under
regulation 28.
(12) The Costs Judge has the same powers as the appropriate officer under these Regulations
and, in the exercise of such powers, may alter the redetermination of the appropriate officer in
respect of any sum allowed, whether by increasing or decreasing it, as the Costs Judge thinks fit.
(13) The Costs Judge must communicate his decision and the reasons for it in writing to the
appellant, the Lord Chancellor and the appropriate officer.
(14) Where the Costs Judge increases the sums redetermined under regulation 28, the Costs
Judge may allow the appellant a sum in respect of part or all of any reasonable costs incurred by
the appellant in connection with the appeal (including any fee payable in respect of an appeal).
Appeals to the High Court
30.—(1) A representative who is dissatisfied with the decision of a Costs Judge on an appeal
under regulation 29 may apply to a Costs Judge to certify a point of principle of general
importance.
(2) Subject to regulation 31, an application under paragraph (1) or paragraph 11(3) of Schedule
3 must be made within 21 days of receiving notification of a Costs Judge’s decision under
regulation 29(13).
(3) Where a Costs Judge certifies a point of principle of general importance the appellant may
appeal to the High Court against the decision of a Costs Judge on an appeal under regulation 29,
and the Lord Chancellor must be a respondent to such an appeal.
15
(4) Subject to regulation 31, an appeal under paragraph (3) must be instituted within 21 days of
receiving notification of a Costs Judge’s certificate under paragraph (1).
(5) Where the Lord Chancellor is dissatisfied with the decision of a Costs Judge on an appeal
under regulation 29, the Lord Chancellor may, if no appeal has been made by an appellant under
paragraph (3), appeal to the High Court against that decision, and the appellant must be a
respondent to the appeal.
(6) Subject to regulation 31, an appeal under paragraph (5) must be instituted within 21 days of
receiving notification of the Costs Judge’s decision under regulation 29(13).
(7) An appeal under paragraph (3) or (5) must—
(a) be brought in the Queen’s Bench Division;
(b) subject to paragraph (4), follow the procedure set out in Part 52 of the Civil Procedure
Rules 1998(a); and
(c) be heard and determined by a single judge whose decision will be final.
(8) The judge has the same powers as the appropriate officer and a Costs Judge under these
Regulations and may reverse, affirm or amend the decision appealed against or make such other
order as the judge thinks fit.
Time limits
31.—(1) Subject to paragraph (2), the time limit within which any act is required or authorised
to be done under these Regulations may, for good reason, be extended—
(a) in the case of acts required or authorised to be done under regulations 29 or 30, by a Costs
Judge or the High Court as the case may be; and
(b) in the case of acts required or authorised to be done by a representative under any other
regulation, by the appropriate officer.
(2) Where a representative without good reason has failed (or, if an extension were not granted,
would fail) to comply with a time limit, the appropriate officer, a Costs Judge or the High Court,
as the case may be, may, in exceptional circumstances, extend the time limit and must consider
whether it is reasonable in the circumstances to reduce the fees payable to the representative under
regulations 4, 5 or 6, provided that the fees must not be reduced unless the representative has been
allowed a reasonable opportunity to show cause orally or in writing why the fees should not be
reduced.
(3) A representative may appeal to a Costs Judge against a decision made under this regulation
by an appropriate officer and such an appeal must be instituted within 21 days of the decision
being given by giving notice in writing to the Senior Costs Judge specifying the grounds of appeal.
Signed by authority of the Lord Chancellor
McNally
Minister of State
Ministry of Justice
26th February 2013
(a) S.I. 1998/3132. There are relevant amendments in S.I. 2000/221 and 2092, 2003/2113 and 3361, 2004/2072, 2005/3515,
2006/1689 and 3435, 2007/2204, 2009/2092 and 3390, 2010/1953 and 2012/2208.
16
SCHEDULE 1
Regulation 4
Advocates’ Graduated Fee Scheme
PART 1
Definitions and Scope
Interpretation
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
17
(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;
“standard appearance” means an appearance by the trial advocate or substitute advocate in any
of the following hearings which do not form part of the main hearing—
(a) a plea and case management hearing, except the first plea and case management hearing;
(b) a pre-trial review;
(c) the hearing of a case listed for plea which is adjourned for trial;
(d) any hearing (except a trial, a plea and case management hearing, a pre-trial review or a
hearing referred to in paragraph 2(1)(b)) which is listed but cannot proceed because of the
failure of the assisted person or a witness to attend, the unavailability of a pre-sentence
report or other good reason;
(e) custody time limit applications;
(f) bail and other applications (except where any such applications take place in the course of
a hearing referred to in paragraph 2(1)(b));
(g) the hearing of the case listed for mention only, including applications relating to the date
of the trial (except where an application takes place in the course of a hearing referred to
in paragraph 2(1)(b));
(h) a sentencing hearing other than one falling within paragraph 2(1)(b)(ii), paragraph 15(1)
or paragraph 34;
(i) a preliminary hearing; or
(j) a hearing, whether contested or not, relating to breach of bail, failure to surrender to bail
or execution of a bench warrant,
provided that a fee is not payable elsewhere under this Schedule in respect of the hearing;
“substitute advocate” means an advocate who is not an instructed advocate or the trial
advocate but who undertakes work on the case; and
“trial advocate” means an advocate instructed pursuant to a section 16 determination to
represent the assisted person at the main hearing in any case, including a QC or a leading
junior advocate so instructed after the hearing at which pleas are taken.
(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.
18
(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
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.
Application
2.—(1) Subject to sub-paragraphs (2) to (11), this Schedule applies to—
(a) every case on indictment; and
(b) the following proceedings in the Crown Court—
(i) an appeal against conviction or sentence;
(ii) a sentencing hearing following a committal for sentence to the Crown Court; and
(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).
(2) Sub-paragraphs (3) and (4) apply where, following a trial, an order is made for a new trial
and the same trial advocate appears at both trials where—
(a) the defendant is an assisted person at both trials; or
(b) the defendant is an assisted person at the new trial only; or
(c) the new trial is a cracked trial or guilty plea.
(3) Subject to sub-paragraph (4), in respect of a new trial, or if the trial advocate so elects, in
respect of the first trial, the graduated fee payable to the trial advocate must be calculated in
accordance with Part 2 or Part 3, as appropriate, except that the fee must be reduced by—
(a) 30%, where the new trial started within one month of the conclusion of the first trial;
(b) 20%, where the new trial did not start within one month of the conclusion of the first trial;
(c) 40%, where the new trial becomes a cracked trial or guilty plea within one month of the
conclusion of the first trial; or
(d) 25% where the new trial becomes a cracked trial or guilty plea more than one month after
the conclusion of the first trial.
(4) Where—
(a) in relation to the first trial, the case was committed or sent for trial to the Crown Court on
the election of a defendant where the magistrates’ court had determined the case to be
suitable for summary trial; and
(b) the new trial becomes a cracked trial or guilty plea,
the fee payable to the trial advocate must be—
(i) the graduated fee calculated in accordance with Part 2, in respect of the first trial;
and
(ii) the fixed fee set out in paragraph 10 in respect of the new trial.
(5) Sub-paragraphs (6) and (7) apply in the circumstances set out in sub-paragraph (2) but where
a different trial advocate appears for the assisted person at each trial.
(6) Subject to sub-paragraph (7), in respect of each trial, the graduated fee payable to the trial
advocate must be calculated in accordance with Part 2 or Part 3 as appropriate.
(7) Where—
(a) in relation to the first trial, the case was committed or sent for trial to the Crown Court on
the election of a defendant where the magistrates’ court had determined the case to be
suitable for summary trial; and
(b) the new trial becomes a cracked trial or guilty plea,
19
the fee payable to the trial advocate at the first trial must be the graduated fee, calculated in
accordance with Part 2 and the fee payable to the trial advocate at the new trial must be the fixed
fee set out in paragraph 10.
(8) 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;
(c) the provisions of this Schedule relating to cracked trials and guilty pleas do not apply; and
(d) no fee is payable under paragraph 15 in respect of the Newton hearing.
(9) Sub-paragraph (10) 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(a) (transfer of serious fraud cases); or
(ii) section 53 of the Criminal Justice Act 1991(b) (transfer of certain cases involving
children).
(10) Where, at any time after proceedings are sent or transferred to the Crown Court as referred
to in sub-paragraph (9), they are—
(a) discontinued by a notice served under section 23A of the Prosecution of Offences Act
1985(c) (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(d) (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 paragraph 22 apply.
(11) 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 (10),
must be treated as a guilty plea.
Class of Offences
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(e) (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
(a) 1987 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.
(b) 1991 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.
(c) 1985 c. 23. Section 23A was inserted by section 119 of the Crime and Disorder Act 1998 (c. 37).
(d) 1998 c. 37.
(e) 1977 c. 45.
20
Act 1981(a) (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 advocate making the claim under regulation
4 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 trial advocate must elect
whether that hearing falls within the same Class as the indictable offence to which it
relates or within Class D; and
(g) where in a case on indictment a restriction order is made under section 41 of the Mental
Health Act 1983(b) (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 an advocate 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 advocate 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 advocate—
(a) confirm the classification of the offence within Class H; or
(b) reclassify the offence,
and must notify the advocate of the decision.
PART 2
Graduated Fees for Trial
Calculation of Graduated Fees
4. The amount of the graduated fee for a single trial advocate representing one assisted person
being tried on one indictment in the Crown Court in a trial lasting one to 40 days must be
calculated in accordance with the following formula—
G = B + (d x D) + (e x E) + (w x W)
Where—
G is the amount of the graduated fee;
B is the basic fee specified in the table following paragraph 5 as appropriate to the
offence for which the assisted person is tried and the category of trial advocate;
d is the number of days or parts of a day on which the advocate attends at court by which
the trial exceeds 2 days but does not exceed 40 days;
(a) 1981 c. 47.
(b) 1983 c. 20.
21
D is the fee payable in respect of daily attendance at court for the number of days by
which the trial exceeds 2 days but does not exceed 40 days, as appropriate to the offence
for which the assisted person is tried and the category of trial advocate;
e is the number of pages of prosecution evidence excluding the first 50, up to a maximum
of 10,000;
E is the evidence uplift specified in the table following paragraph 5 as appropriate to the
offence for which the assisted person is tried and the category of trial advocate;
w is the number of prosecution witnesses excluding the first 10;
W is the witness uplift specified in the table following paragraph 5 as appropriate to the
offence for which the assisted person is tried and the category of trial advocate.
Table of fees
5. For the purposes of paragraph 4 the basic fee (B), the daily attendance fee (D), the evidence
uplift (E) and the witness uplift (W) appropriate to any offence are those specified in the table
following this paragraph in accordance with the Class within which that offence falls.
Table of Fees and Uplifts
Class of Offence
QC
A
B
C
D
E
F
G
H
I
J
K
Leading Junior
A
B
C
D
E
F
G
H
I
J
K
Led Junior
A
B
C
D
E
F
Basic Fee (B)
(£)
Daily Attendance Evidence
Fee (D)
(E)
(£)
(£)
2,856
2,529
1,968
2,284
1,514
1,514
1,514
1,903
2,122
2,856
2,856
979
857
816
816
612
612
612
816
816
979
979
1.63
1.63
1.63
1.63
1.63
1.63
1.63
1.63
1.63
1.63
1.63
6.53
6.53
6.53
6.53
6.53
6.53
6.53
6.53
6.53
6.53
6.53
2,142
1,897
1,476
1,714
1,136
1,136
1,136
1,427
1,592
2,142
2,142
734
643
612
612
459
459
459
612
612
734
734
1.23
1.23
1.23
1.23
1.23
1.23
1.23
1.23
1.23
1.23
1.23
4.90
4.90
4.90
4.90
4.90
4.90
4.90
4.90
4.90
4.90
4.90
1,632
1,265
898
1,125
694
694
490
428
408
408
306
306
0.81
0.81
0.81
0.81
0.81
0.81
3.26
3.26
3.26
3.26
3.26
3.26
22
Uplift
Witness
(W)
(£)
Uplift
G
H
I
J
K
Junior Alone
A
B
C
D
E
F
G
H
I
J
K
694
816
979
1,632
1,428
306
408
408
490
490
0.81
0.81
0.81
0.81
0.81
3.26
3.26
3.26
3.26
3.26
1,632
1,305
898
1,125
653
694
694
816
979
1,632
1,632
530
469
408
408
326
326
326
408
408
530
530
0.98
0.98
0.98
0.98
0.98
0.98
0.98
0.98
0.98
0.98
0.98
4.90
4.90
4.90
4.90
4.90
4.90
4.90
4.90
4.90
4.90
4.90
PART 3
Graduated Fees for Guilty Pleas and Cracked Trials
Scope of Part 3
6. Subject to paragraph 22, this Part does not apply 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.
Calculation of graduated fees in guilty pleas and cracked trials
7.—(1) The amount of the graduated fee for a single trial advocate representing one assisted
person in a guilty plea or cracked trial is—
(a) where the case is a guilty plea or a trial which cracks in the first third—
(i) the basic fee specified in Table A following paragraph 8 as appropriate to the offence
with which the assisted person is charged, and the category of trial advocate; and
(ii) the evidence uplift, as appropriate to the number of pages of prosecution evidence,
calculated in accordance with that table; and
(b) where the case is a trial which cracks in the second or last third—
(i) the basic fee specified in Table B following paragraph 8 as appropriate to the offence
with which the assisted person is charged and the category of trial advocate; and
(ii) the evidence uplift, as appropriate to the number of pages of prosecution evidence,
calculated in accordance with that table.
(2) Where—
(a) the trial of a case does not commence on the date first fixed; or
(b) the case is not taken and disposed of from the first warned list in which it is entered,
the basic fee and evidence uplift for the offence are those specified for the last third in Table B
following paragraph 8.
(3) In this paragraph, and in the tables following paragraph 8, references to the first, second and
last third are references to the first, second and last third—
23
(a) where a case is first listed for trial on a fixed date, of the period of time beginning with
the day after the date on which the case is so listed and ending with the day before the
date so fixed;
(b) where the case is first placed in a warned list, of the period of time beginning with the day
after the date on which the case is so placed and ending with the day before the date of
the start of that warned list,
and where the number of days in this period of time cannot be divided by three equally, any days
remaining after such division must be added to the last third.
(4) Where a graduated fee is calculated in accordance with this Part for the purposes of
paragraph 2(3), the fee must be calculated as if the trial had cracked in the last third.
Tables of fees
8. Subject to paragraph 7, the basic fee and evidence uplift appropriate to any offence are
specified in the tables following this paragraph in accordance with the Class within which that
offence falls, the category of trial advocate and whether the case is a guilty plea, a trial which
cracks in the first third or a trial which cracks in the second or last third.
Table A – Fees and uplifts in guilty pleas and trials which crack in the first third
Class of Offence
QC
A
B
C
D
E
F
G
H
I
J
K
Leading Junior
A
B
C
D
E
F
G
H
I
J
K
Led Junior
A
B
C
D
E
Basic Fee (£)
Evidence uplift per
page of prosecution
evidence (pages 1 to
1,000) (£)
Evidence uplift per
page of prosecution
evidence (1,001 to
10,000) (£)
1,714
1,305
1,224
1,305
1,081
1,081
1,081
1,224
1,224
1,714
1,714
2.85
1.8
1.28
2.85
0.92
1.20
1.20
1.65
1.61
2.85
1.59
1.43
0.90
0.64
1.43
0.46
0.61
0.61
0.82
0.80
1.43
0.80
1,285
979
918
979
811
811
811
918
918
1,285
1,285
2.15
1.35
0.96
2.15
0.69
0.90
0.90
1.24
1.21
2.15
1.19
1.07
0.67
0.48
1.07
0.35
0.46
0.46
0.61
0.60
1.07
0.60
857
653
612
653
541
1.43
0.90
0.64
1.43
0.46
0.72
0.45
0.32
0.72
0.23
24
F
G
H
I
J
K
Junior Alone
A
B
C
D
E
F
G
H
I
J
K
541
541
612
612
857
857
0.61
0.61
0.83
0.80
1.43
0.80
0.30
0.30
0.42
0.40
0.72
0.40
979
694
449
694
408
408
408
490
571
979
979
1.19
0.81
0.60
1.19
0.35
0.54
0.54
0.54
0.42
1.19
1.02
0.59
0.41
0.30
0.59
0.17
0.27
0.27
0.28
0.22
0.59
0.51
Table B – Fees and uplifts in trials which crack in the second or last third
Class of Offence
QC
A
B
C
D
E
F
G
H
I
J
K
Leading Junior
A
B
C
D
E
F
G
H
I
J
K
Led Junior
A
Basic Fee (£)
Evidence uplift
per
page
of
prosecution
evidence (pages
1 to 250) (£)
Evidence uplift
per
page
of
prosecution
evidence (pages
251 to 1,000) (£)
Evidence uplift
per
page
of
prosecution
evidence (pages
1,001 to 10,000)
(£)
2,324
1,743
1,520
1,743
1,232
1,232
1,232
1,540
1,598
2,324
2,324
5.07
3.20
2.27
5.07
1.63
2.14
2.14
2.93
2.87
5.07
2.83
1.27
0.80
0.57
1.27
0.41
0.54
0.54
0.73
0.71
1.27
0.71
1.68
1.06
0.75
1.68
0.54
0.71
0.71
0.96
0.94
1.68
0.94
1,744
1,307
1,140
1,307
924
924
924
1,155
1,198
1,744
1,744
3.80
2.40
1.70
3.80
1.22
1.60
1.60
2.20
2.14
3.80
2.13
0.95
0.60
0.43
0.95
0.31
0.41
0.41
0.54
0.53
0.95
0.53
1.26
0.80
0.56
1.26
0.41
0.53
0.53
0.72
0.71
1.26
0.71
1,162
2.54
0.64
0.84
25
B
C
D
E
F
G
H
I
J
K
Junior Alone
A
B
C
D
E
F
G
H
I
J
K
871
760
871
616
616
616
770
798
1,162
1,162
1.60
1.14
2.54
0.82
1.07
1.07
1.46
1.43
2.54
1.42
0.40
0.28
0.64
0.20
0.27
0.27
0.37
0.36
0.64
0.36
0.53
0.37
0.84
0.27
0.36
0.36
0.48
0.48
0.84
0.47
1,307
908
581
808
508
508
508
618
726
1,307
1,234
4.52
3.11
2.31
4.52
1.34
2.08
2.08
2.08
1.63
4.52
3.91
2.10
1.45
1.07
2.10
0.63
0.96
0.96
0.97
0.76
2.10
1.82
0.69
0.48
0.36
0.69
0.20
0.32
0.32
0.32
0.25
0.69
0.60
PART 4
Fixed Fee for Guilty Pleas and Cracked Trials
Scope of Part 4
9. 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.
Fixed fee for guilty pleas or cracked trials
10. The fee payable to an advocate in relation to a guilty plea or cracked trial to which this Part
applies is £194 per proceedings.
PART 5
Fixed Fees
General provisions
11.—(1) All work undertaken by an advocate in a case to which Part 4 applies is included within
the fee set out in paragraph 10 except for attendance at a confiscation hearing to which paragraph
14 applies.
(2) Except as provided under this Part, all work undertaken by an advocate in a case to which
Part 3 applies is included within the basic fee (B) specified in the table following paragraph 5, or
that following paragraph 8, as appropriate to—
(a) the offence for which the assisted person is tried;
(b) the category of advocate; and
(c) whether the case is a cracked trial, guilty plea or trial.
26
Fees for plea and case management hearings and standard appearances
12.—(1) The fee payable in respect of—
(a) an appearance by the trial advocate or substitute advocate at the first plea and case
management hearing or pre-trial review; and
(b) up to four standard appearances by the trial advocate or substitute advocate,
is included within the basic fee (B) specified in the table following paragraph 5, or that following
paragraph 8, as appropriate to the offence for which the assisted person is tried and the category of
trial advocate.
(2) The fee payable in respect of an appearance by the trial advocate or substitute advocate at a
plea and case management hearing or standard appearance not included in sub-paragraph (1) is
specified in the table following paragraph 24 as appropriate to the category of trial advocate or
substitute advocate.
(3) The fee payable for preparing and filing the plea and case management questionnaire where
no oral hearing takes place is specified in the table following paragraph 24 as appropriate to the
category of trial advocate or substitute advocate.
(4) This paragraph does not apply to a standard appearance which is or forms part of the main
hearing in a case or to a hearing for which a fee is payable elsewhere under this Schedule.
Fees for abuse of process, disclosure, admissibility and withdrawal of plea hearings
13.—(1) This paragraph applies to—
(a) the hearing of an application to stay the case on indictment or any count on the ground
that the proceedings constitute an abuse of the process of the court;
(b) any hearing relating to the question of whether any material should be disclosed by the
prosecution to the defence or the defence to the prosecution (whether or not any claim to
public interest immunity is made);
(c) the hearing of an application under section 2(1) of the Criminal Procedure (Attendance of
Witnesses) Act 1965(a) (issue of witness summons on application to Crown Court) for
disclosure of material held by third parties;
(d) any hearing relating to the question of the admissibility as evidence of any material; and
(e) the hearing of an application to withdraw a plea of guilty where the application is—
(i) made by an advocate other than the advocate who appeared at the hearing at which
the plea of guilty was entered; and
(ii) unsuccessful.
(2) Where a hearing to which this paragraph applies is held on any day of the main hearing of a
case on indictment, no separate fee is payable in respect of attendance at the hearing, but the
hearing is included in the length of the main hearing for the purpose of calculating the fees
payable.
(3) Where a hearing to which this paragraph applies is held prior to the first or only day of the
main hearing, it is not included in the length of the main hearing for the purpose of calculating the
fees payable and the trial advocate or substitute advocate must be remunerated for attendance at
such a hearing—
(a) in respect of any day where the hearing begins before and ends after the luncheon
adjournment, at the daily rate set out in the table following paragraph 24 as appropriate to
the category of trial advocate or substitute advocate; or
(b) in respect of any day where the hearing begins and ends before the luncheon
adjournment, or begins after the luncheon adjournment, at the half-daily rate set out in the
(a) 1965 c 69.
27
table following paragraph 24 as appropriate to the category of trial advocate or substitute
advocate.
Fees for confiscation hearings
14.—(1) This paragraph applies to—
(a) a hearing under Part 2 of the Proceeds of Crime Act 2002(a) (confiscation: England and
Wales);
(b) a hearing under section 2 of the Drug Trafficking Act 1994(b) (confiscation orders); and
(c) a hearing under section 71 of the Criminal Justice Act 1988(c) (confiscation orders).
(2) A hearing to which this paragraph applies is not included in the length of the main hearing or
of any sentencing hearing for the purpose of calculating the fees payable, and the trial advocate or
substitute advocate must be remunerated in respect of such a hearing—
(a) where the number of pages of evidence is fewer than 51, for attendance—
(i) in respect of any day when the hearing begins before and ends after the luncheon
adjournment, at the daily rate set out in the first section of the table following this
sub-paragraph; or
(ii) in respect of any day when the hearing begins and ends before the luncheon
adjournment, or begins after the luncheon adjournment, at the half-daily rate set out
in the first section of that table,
as appropriate to the category of trial advocate or substitute advocate;
(b) where the number of pages of evidence is between 51 and 1000—
(i) at the rates for the relevant number of pages set out in the second section of the table
following this sub-paragraph; and
(ii) where the hearing lasts for more than one day, for attendance on subsequent days or
half-days at the daily rate or half-daily rate set out in the first section of that table,
as appropriate to the category of trial advocate or substitute advocate; or
(c) where the number of pages of evidence exceeds 1000—
(i) at the rates for 751 to 1000 pages set out in the second section of the table following
this sub-paragraph;
(ii) with such fee as the appropriate officer considers reasonable for preparation in
respect of the pages in excess of 1000, at the hourly rates for preparation set out in
the third section of that table; and
(iii) where the hearing lasts for more than one day, for attendance on subsequent days or
half-days at the daily rate or half-daily rate set out in the first section of that table,
as appropriate to the category of trial advocate or substitute advocate.
Fees for confiscation hearings
1. Daily and half
daily rates
Half daily rate
Daily rate
2. Pages of
evidence
Fee for QC (£)
Fee for Leading
Junior (£)
Fee for Junior Fee for
Alone (£)
Junior (£)
260
497
195
346
130
238
(a) 2002 c 29.
(b) 1994 c. 37.
(c) 1988 c. 33.
28
130
238
Led
51-250
251-500
501-750
751-1000
3. Preparation
hourly rates
649
973
1,298
1,946
541
811
1,081
1,622
433
649
865
1,298
324
486
649
973
74
56
39
39
(3) In sub-paragraph (2) “evidence” means—
(a) the statement of information served under section 16 of the Proceeds of Crime Act 2002
and relied on by the prosecution for the purposes of a hearing under Part 2 of that Act, or
a similar statement served and so relied on for the purposes of a hearing under section 2
of the Drug Trafficking Act 1994 or under section 71 of the Criminal Justice Act 1988
and, in each case, any attached annexes and exhibits;
(b) any other document which—
(i) is served as a statement or an exhibit for the purposes of the trial;
(ii) is specifically referred to in, but not served with, a statement mentioned in paragraph
(a); and
(iii) the prosecution state that they intend to rely on in the hearing; and
(c) any written report of an expert obtained with the prior authority of the Lord Chancellor
under regulation 13 or allowed by the appropriate officer under these Regulations, and
any attached annexes and exhibits, other than documents contained in such annexes or
exhibits which have also been served under paragraph (a) or (b) or which consist of
financial records or similar data.
Fees for sentencing hearings
15.—(1) This paragraph applies to 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(a) (deferment of sentence).
(2) The fee payable to an advocate for appearing at a hearing to which this paragraph applies is
that set out in the table following paragraph 24 as appropriate to the category of trial advocate or
substitute advocate and the circumstances of the hearing.
Fees for ineffective trials
16. The fee set out in the table following paragraph 24 as appropriate to the category of trial
advocate is payable in respect of each day on which the case was listed for trial but did not
proceed on the day for which it was listed, for whatever reason.
Fees for special preparation
17.—(1) This paragraph applies where, in any case on indictment in the Crown Court in respect
of which a graduated fee is payable under Part 2 or Part 3—
(a) it has been necessary for an advocate to do work by way of preparation substantially in
excess of the amount normally done for cases of the same type because the case involves
a very unusual or novel point of law or factual issue;
(b) the number of pages of prosecution evidence, as defined in paragraph 1(2), exceeds
10,000 and the appropriate officer considers it reasonable to make a payment in excess of
the graduated fee payable under this Schedule; or
(c) a documentary or pictorial exhibit is served by the prosecution in electronic form
where—
(a) 2000 c. 6.
29
(i) the exhibit has never existed in paper form; and
(ii) the appropriate officer—
(aa)
does not consider it appropriate to include the exhibit in the pages of
prosecution evidence; and
(bb)
considers it reasonable to make a payment in respect of the exhibit in excess
of the graduated fee.
(2) Where this paragraph applies, a special preparation fee may be paid, in addition to the
graduated fee payable under Part 2 or Part 3.
(3) The amount of the special preparation fee must be calculated—
(a) where sub-paragraph (1)(a) applies, from the number of hours preparation in excess of the
amount the appropriate officer considers reasonable for cases of the same type;
(b) where sub-paragraph (1)(b) applies, from the number of hours which the appropriate
officer considers reasonable to read the excess pages; and
(c) where sub-paragraph (1)(c) applies, from the number of hours which the appropriate
officer considers reasonable to view the prosecution evidence,
and in each case using the hourly fee rates set out in the table following paragraph 24 as
appropriate to the category of trial advocate.
(4) Any claim for a special preparation fee under this paragraph must be made by an instructed
advocate, whether or not the instructed advocate did the work claimed for.
(5) An instructed advocate claiming a special preparation fee must supply such information and
documents as may be required by the appropriate officer in support of the claim.
(6) In determining a claim under this paragraph, the appropriate officer must take into account
all the relevant circumstances of the case, including, where special preparation work has been
undertaken by more than one advocate, the benefit of such work to the trial advocate.
Fees for wasted preparation
18.—(1) A wasted preparation fee may be claimed where a trial advocate in any case to which
this paragraph applies is prevented from representing the assisted person in the main hearing by
any of the following circumstances—
(a) the trial advocate is instructed to appear in other proceedings at the same time as the main
hearing in the case and has been unable to secure a change of date for either the main
hearing or the other proceedings;
(b) the date fixed for the main hearing is changed by the court despite the trial advocate’s
objection;
(c) the trial advocate has withdrawn from the case with the leave of the court because of the
trial advocate’s professional code of conduct or to avoid embarrassment in the exercise of
the trial advocate’s profession;
(d) the trial advocate has been dismissed by the assisted person or the litigator; or
(e) the trial advocate is obliged to attend at any place by reason of a judicial office held by
the trial advocate or other public duty.
(2) This paragraph applies to every case on indictment to which this Schedule applies provided
that—
(a) the case goes to trial, and the trial lasts for five days or more; or
(b) the case is a cracked trial, and the number of pages of prosecution evidence exceeds 150.
(3) The amount of the wasted preparation fee must be calculated from the number of hours of
preparation reasonably carried out by the trial advocate, using the hourly fee rates set out in the
table following paragraph 24 as appropriate to the category of trial advocate, but no such fee is
payable unless the number of hours of preparation is eight or more.
30
(4) Any claim for a wasted preparation fee under this paragraph must be made by an instructed
advocate, whether or not the instructed advocate did the work claimed for.
(5) An instructed advocate claiming a wasted preparation fee must supply such information and
documents as may be required by the appropriate officer as proof of the circumstances in which
the instructed advocate was prevented from representing the assisted person and of the number of
hours of preparation.
Fees for conferences and views
19.—(1) This paragraph applies to the following types of work—
(a) attendance by the trial advocate at pre-trial conferences with prospective or actual expert
witnesses not held at court;
(b) attendance by the trial advocate at views at the scene of the alleged offence;
(c) attendance by the trial advocate at pre-trial conferences with the assisted person not held
at court;
(d) reasonable travelling time by the trial advocate for the purpose of attending a view at the
scene of the alleged offence; or
(e) reasonable travelling time by the trial advocate for the purpose of attending a pre-trial
conference with the assisted person or prospective or actual expert witness, where the
appropriate officer is satisfied that the assisted person or prospective or actual expert
witness was unable or could not reasonably have been expected to attend a conference at
the trial advocate’s chambers or office.
(2) The fees payable in respect of attendance at the first three pre-trial conferences or views, as
set out in sub-paragraph (1)(a) to (c), are included in the basic fee (B) specified in the table
following paragraph 5, or that following paragraph 8, as appropriate to the offence for which the
assisted person is tried, the category of trial advocate and whether the case is a guilty plea, cracked
trial or trial, provided that the trial advocate satisfies the appropriate officer that the work was
reasonably necessary.
(3) The fee specified in the table following paragraph 24 as appropriate to the category of trial
advocate is payable in the following circumstances, provided that the trial advocate satisfies the
appropriate officer that the work was reasonably necessary—
(a) for trials lasting not less than 21 and not more than 25 days, and cracked trials where it
was accepted by the court at the plea and case management hearing that the trial would
last not less than 21 days and not more than 25 days, one further pre-trial conference or
view not exceeding two hours;
(b) for trials lasting not less than 26 and not more than 35 days, and cracked trials where it
was accepted by the court at the plea and case management hearing that the trial would
last not less than 26 days and not more than 35 days, two further pre-trial conferences or
views each not exceeding two hours; and
(c) for trials lasting not less than 36 days, and cracked trials where it was accepted by the
court at the plea and case management hearing that the trial would last not less than 36
days and not more than 40 days, three further pre-trial conferences or views each not
exceeding two hours.
(4) Travel expenses must be paid for all conferences and views set out in sub-paragraph (1)(a) to
(c), provided that the trial advocate satisfies the appropriate officer that they were reasonably
incurred.
(5) Travelling time must be paid for all conferences and views set out in sub-paragraph (1)(a) to
(c), provided that the trial advocate satisfies the appropriate officer that it was reasonable.
31
Fees for appeals, committals for sentence and breach hearings
20.—(1) Subject to sub-paragraphs (4) and (5) and paragraph 26 the fee payable to a trial
advocate in any of the hearings referred to in paragraph 2(1)(b) is the fixed fee specified in the
table following paragraph 24.
(2) Where a hearing referred to in paragraph 2(1)(b) is listed but cannot proceed because of the
failure of the assisted person or a witness to attend, the unavailability of a pre-sentence report, or
other good reason, the fee payable to the advocate is the fixed fee specified in the table following
paragraph 24.
(3) Where—
(a) a bail application;
(b) a mention hearing; or
(c) any other application,
takes place in the course of a hearing referred to in paragraph 2(1)(b), the fee payable to the
advocate is the fixed fee specified in the table following paragraph 24.
(4) Where it appears to the appropriate officer that the fixed fee allowed under sub-paragraph (1)
would be inappropriate taking into account all of the relevant circumstances of the case the
appropriate officer may instead allow fees of such amounts as appear to the appropriate officer to
be reasonable remuneration for the relevant work in accordance with sub-paragraph (5).
(5) The appropriate officer may allow any of the following classes of fees to an advocate in
respect of work allowed by the appropriate officer under this paragraph—
(a) a fee for preparation including, where appropriate, the first day of the hearing including,
where they took place on that day—
(i) short conferences;
(ii) consultations;
(iii) applications and appearances (including bail applications);
(iv) views at the scene of the alleged offence; and
(v) any other preparation;
(b) a refresher fee for any day or part of a day for which a hearing continued, including,
where they took place on that day—
(i) short conferences;
(ii) consultations;
(iii) applications and appearances (including bail applications);
(iv) views at the scene of the alleged offence; and
(v) any other preparation; and
(c) subsidiary fees for—
(i) attendance at conferences, consultations and views at the scene of the alleged offence
not covered by paragraph (a) or (b);
(ii) written advice on evidence, plea, appeal, case stated or other written work; and
(iii) attendance at applications and appearances (including bail applications and
adjournments for sentence) not covered by paragraph (a) or (b).
Fees for contempt proceedings
21.—(1) Subject to sub-paragraph (2), remuneration for advocates in proceedings referred to in
section 14(g) of the Act in the Crown Court must be at the rates specified in the table following
this sub-paragraph.
Category of advocate
Payment rates (£ per day)
32
QC
Leading Junior
Led Junior or Junior acting alone
300
225
150
(2) Where an advocate and a litigator are instructed in proceedings referred to in section 14(g) of
the Act, remuneration must be at the rates specified in the table following this sub-paragraph, as
appropriate to the category of advocate.
Category of advocate
QC
Leading Junior
Led Junior or Junior acting alone
Payment rates (£ per day)
175
125
100
Discontinuance or dismissal of sent or transferred proceedings
22.—(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 referred to in sub-paragraph (1) 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(a) the advocate must be paid 50% of the basic fee (B) for a guilty plea, as specified in the
table following paragraph 8 as appropriate to the offence for which the assisted person is charged
and the category of advocate.
(3) Where proceedings referred to in sub-paragraph (1) 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
advocate must be paid a graduated fee calculated in accordance with paragraph 7, as appropriate
for representing an assisted person in a guilty plea.
(4) Sub-paragraph (5) 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.
(5) Where, at a hearing to which this sub-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 advocate instructed in the proceedings must be paid a graduated fee calculated in accordance
with paragraph 7, as appropriate for representing an assisted person in a guilty plea.
(6) Where an application for dismissal is made under paragraph 2 of Schedule 3 to the Crime
and Disorder Act 1998, section 6 of the Criminal Justice Act 1987 or paragraph 5 of Schedule 6 to
the Criminal Justice Act 1991 (applications for dismissal), the advocate must be remunerated for
attendance at the hearing of the application for dismissal—
(a) S.I. 2005/902 as amended by S.I. 2012/1345.
33
(a) in respect of any day where the hearing begins before and ends after the luncheon
adjournment, at the daily rate set out in the table following paragraph 24 as appropriate to
the category of advocate; or
(b) in respect of any day where the hearing begins and ends before the luncheon
adjournment, or begins after the luncheon adjournment, at the half-daily rate set out in
that table as appropriate to the category of advocate,
provided that a fee is not payable elsewhere under this Schedule in respect of any day of the
hearing.
(7) Where an application for dismissal is made under paragraph 2 of Schedule 3 to the Crime
and Disorder Act 1998, 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,
in respect of the first day of the hearing of the application to dismiss, the advocate instructed in the
proceedings must be paid a graduated fee calculated in accordance with paragraph 7, as
appropriate for representing an assisted person in a guilty plea.
(8) Where an advocate represents more than one assisted person in proceedings referred to in
sub-paragraph (1), the advocate must be paid a fixed fee of 20% of—
(a) the fee specified in sub-paragraph (2) where that sub-paragraph applies; or
(b) the basic fee (B) specified in the table following paragraph 8 where sub-paragraph (3), (4)
or (5) applies, as appropriate for the circumstances set out in the relevant sub-paragraph,
in respect of each additional assisted person the advocate represents.
Noting brief fees
23. The fee payable to an advocate retained solely for the purpose of making a note of any
hearing must be the daily fee set out in the table following paragraph 24.
Fixed fees
24. 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
Category of work
Standard appearance
Paper plea and case
management
Abuse of process
hearing
Hearings relating to
disclosure
Hearings relating to the
admissibility of
evidence
Hearings on withdrawal
of guilty plea
Deferred sentencing
hearing
Paragraph
providing
for fee
12(2)
12(3)
Fee for QC (£)
173 per day
26 per case
Fee for Leading Fee for Led
Junior (£)
Junior or Junior
alone (£)
130 per day
87 per day
26 per case
26 per case
13(1)(a)
and 13(3)
13(1)(b),
13(1)(c)
and 13(3)
13(1)(d)
and 13(3)
260 half day
497 full day
260 half day
497 full day
195 half day
346 full day
195 half day
346 full day
130 half day
238 full day
130 half day
238 full day
260 half day
497 full day
195 half day
346 full day
130 half day
238 full day
13(1)(e)
and 13(3)
15(2)
260 half day
497 full day
324 per day
195 half day
346 full day
238 per day
130 half day
238 full day
173 per day
34
Ineffective trial
payment
Special preparation
Wasted preparation
Conferences and views
Appeals to the Crown
Court against
conviction
Appeals to the Crown
Court against sentence
Proceedings relating to
breach of an order of
the Crown Court
Committal for sentence
Adjourned appeals,
committals for sentence
and breach hearings
Bail applications,
mentions and other
applications in appeals,
committals for sentence
and breach hearings
Second and subsequent
days of an application
to dismiss
Noting brief
Hearing for mitigation
of sentence
16
281 per day
195 per day
130 per day
17
18
19
20(1)
74 per hour
74 per hour
74 per hour
260 per day
56 per hour
56 per hour
56 per hour
195 per day
39 per hour
39 per hour
39 per hour
130 per day
20(1)
216 per day
151 per day
108 per day
20(1)
216 per day
151 per day
108 per day
20(1)
20(2)
260 per day
173 per day
195 per day
130 per day
130 per day
87 per day
20(3)
173 per day
130 per day
87 per day
22(6)
260 half day
497 full day
195 half day
346 full day
130 half day
238 full day
173 per day
108 per day
108 per day
24
34
260 per day
PART 6
Miscellaneous
Identity of instructed advocate
25.—(1) Where an instructed advocate is appointed before the plea and case management
hearing, the instructed advocate must notify the Court in writing as soon as the appointment is
made and, where appropriate, must confirm whether the instructed advocate is the leading
instructed advocate or the led instructed advocate.
(2) Where the section 16 determination provides for representation by a single advocate and no
instructed advocate has been notified to the Court in accordance with sub-paragraph (1)—
(a) the barrister or solicitor advocate who attends the plea and case management hearing is
deemed to be the instructed advocate; and
(b) the Court must make a written record of this fact.
(3) Where the section 16 determination provides for representation by a single advocate and no
barrister or solicitor advocate attends the plea and case management hearing—
(a) the barrister or solicitor advocate who attends the next hearing in the case is deemed to be
the instructed advocate; and
(b) the Court must make a written record of this fact.
(4) Where the section 16 determination provides for representation by more than one advocate,
and no leading instructed advocate has been notified to the Court in accordance with subparagraph (1), the leading advocate who attends—
(a) the plea and case management hearing; or
35
(b) where no leading advocate attends the plea and case management hearing, the next
hearing in the case attended by a leading advocate,
is deemed to be the leading instructed advocate, and the Court must make a written record of this
fact.
(5) Where the section 16 determination provides for representation by more than one advocate,
and no led instructed advocate has been notified to the Court in accordance with sub-paragraph
(1), the led advocate who attends—
(a) the plea and case management hearing; or
(b) where no led advocate attends the plea and case management hearing, the next hearing in
the case attended by a led advocate,
is deemed to be the led instructed advocate, and the Court must make a written record of this fact.
(6) Where a section 16 determination is amended after the plea and case management hearing to
provide for representation by more than one advocate—
(a) the additional instructed advocate must notify the Court in writing of the additional
instructed advocate’s appointment within 7 days of the date on which the section 16
determination is amended; and
(b) each instructed advocate must notify the Court whether that instructed advocate is the
leading instructed advocate or the led instructed advocate.
(7) Where no additional instructed advocate has been notified to the Court in accordance with
sub-paragraph (6)(a), the advocate who attends the next hearing in the case is deemed to be an
instructed advocate and the Court must record in writing whether that instructed advocate is the
leading instructed advocate or the led instructed advocate, as appropriate to the circumstances of
the case.
(8) Where—
(a) a case ceases to be a Very High Cost Case (in relation to fees claimed by advocates); and
(b) none of sub-paragraphs (1) to (7) applies,
the instructed advocate must notify the Court in writing of the instructed advocate’s appointment
within 7 days of the case ceasing to be a Very High Cost Case.
(9) The Court must attach—
(a) any notice received under sub-paragraph (1), (6) or (8); and
(b) any record made by it under sub-paragraph (2), (3), (4), (5) or (7),
to the representation order.
(10) An instructed advocate must remain as instructed advocate at all times, except where—
(a) a date for trial is fixed at or before the plea and case management hearing and the
instructed advocate is unable to conduct the trial due to the instructed advocate’s other
pre-existing commitments;
(b) the instructed advocate is dismissed by the assisted person or the litigator; or
(c) the instructed advocate is required to withdraw because of his professional code of
conduct.
(11) Where, in accordance with sub-paragraph (10), an instructed advocate withdraws, the
instructed advocate must—
(a) immediately notify the court of the withdrawal—
(i) in writing; or
(ii) where the withdrawal takes place at a plea and case management hearing, orally; and
(b) within 7 days of the date of the withdrawal, notify the court in writing of the identity of a
replacement instructed advocate, who must fulfil all the functions of an instructed
advocate in accordance with these Regulations.
(12) This paragraph does not apply to a claim for fees under paragraph 32, 33 or 34.
36
Payment of fees to instructed advocate
26.—(1) In accordance with regulation 23 the appropriate officer must notify each instructed
advocate of the total fees payable and authorise payment to the instructed advocate accordingly.
(2) Payment of the fees in accordance with sub-paragraph (1) must be made to each instructed
advocate.
(3) Where the section 16 determination provides for representation by a single advocate, the
instructed advocate is responsible for arranging payment of fees to the trial advocate and any
substitute advocate who has undertaken work on the case.
(4) Where there are two instructed advocates for an assisted person, payment must be made to
each instructed advocate individually, and—
(a) the leading instructed advocate is responsible for arranging payment of fees to the trial
advocate and any substitute advocate who have undertaken work on the case of a type for
which a leading advocate is responsible; and
(b) the led instructed advocate is responsible for arranging payment of fees to the trial
advocate and any substitute advocate who have undertaken work on the case of a type for
which a led advocate is responsible.
(5) This paragraph does not apply to a claim for fees under paragraph 32, 33 or 34.
Additional charges and additional cases
27.—(1) Where an assisted person is charged with more than one offence on one indictment, the
fee payable to the trial advocate under this Schedule must be based on whichever of those offences
the trial advocate selects.
(2) Where two or more cases to which this Schedule applies involving the same trial advocate
are heard concurrently (whether involving the same or different assisted persons)—
(a) the trial advocate must select one case (“the principal case”), which must be treated for
the purposes of remuneration in accordance with this Schedule;
(b) in respect of the main hearing in each of the other cases the trial advocate must be paid a
fixed fee of 20% of—
(i) the basic fee (B) specified in the table following paragraph 5 or that following
paragraph 8, as appropriate, for the principal case, where that is a case falling within
paragraph 2(1)(a); or
(ii) the fixed fee for the principal case, where that is a case falling within paragraph
2(1)(b) or paragraph 10.
(3) Nothing in sub-paragraphs (4) to (6) permits a fixed fee under Part 5, other than one to which
paragraph 14 applies, to be paid in a case to which Part 4 applies.
(4) Where a trial advocate or substitute advocate appears at a hearing specified in paragraph 12,
13, 14, 15 or 16, forming part of two or more cases involving different assisted persons, the trial
advocate or substitute advocate must be paid—
(a) in respect of the first such case, the fixed fee for that hearing specified in the table
following paragraph 24; and
(b) in respect of each of the other cases, 20% of that fee.
(5) Subject to sub-paragraphs (1) to (4), where a trial advocate or substitute advocate appears at
a hearing forming part of two or more cases, the trial advocate or substitute advocate must be paid
the fixed fee for that hearing specified in the table following paragraph 24 in respect of one such
case, without any increase in respect of the other cases.
(6) Where a trial advocate selects—
(a) one offence, in preference to another offence, under sub-paragraph (1); or
(b) one case as the principal case, in preference to another case, under sub-paragraph (2),
37
that selection does not affect the trial advocate’s right to claim any of the fees set out in the table
following paragraph 24 to which the trial advocate would otherwise have been entitled.
Multiple advocates
28. Where a section 16 determination provides for representation by three advocates in a case
the provisions of this Schedule apply, and the fees payable to the led juniors in accordance with
Part 2 or Part 3 are payable to each led junior who is instructed in the case.
Non-local appearances
29. Where an advocate is instructed to appear in a court which is not within 40 kilometres of the
advocate’s office or chambers, the appropriate officer may allow an amount for travelling and
other expenses incidental to that appearance, provided that the amount must not be greater than the
amount, if any, which would be payable to a trial advocate from the nearest local Bar or the
nearest advocate’s office (whichever is the nearer) unless the advocate instructed to appear has
obtained prior approval under regulation 13 for the incurring of such expenses or can justify the
attendance having regard to all the relevant circumstances of the case.
Trials lasting over 40 days
30. Where a trial exceeds 40 days, the trial advocate must be paid a fee as set out in the table
following this paragraph, as appropriate to the category of trial advocate and the Class of Offence,
for each day by which the trial exceeds 40 days on which the trial advocate attends at court.
Daily rates payable where a trial lasts over 40 days
Class of Offence
QC
A
B
C
D
E
F
G
H
I
J
K
Leading Junior
A
B
C
D
E
F
G
H
I
J
K
Led Junior
A
Daily rate payable for days Daily rate payable for days 51
41-50 (£)
and over (£)
387
387
387
387
387
387
387
387
387
387
387
414
414
414
414
414
414
414
414
414
414
414
331
331
331
331
331
331
331
331
331
331
331
356
356
356
356
356
356
356
356
356
356
356
221
237
38
B
C
D
E
F
G
H
I
J
K
Junior Alone
A
B
C
D
E
F
G
H
I
J
K
221
221
221
221
221
221
221
221
221
221
237
237
237
237
237
237
237
237
237
237
266
247
247
266
225
225
225
247
247
266
266
285
265
265
285
241
241
241
265
265
285
285
Assisted person unfit to plead or stand trial
31. 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
graduated fee in accordance with Part 2 or Part 3;
(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 trial advocate must be
paid—
(i) a graduated fee calculated in accordance with paragraph 4 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(a) (finding that the accused did the act or made the omission charged
against him); or
(ii) a graduated fee calculated in accordance with paragraph 7 as appropriate for
representing an assisted person in a cracked trial,
whichever the trial advocate elects; and
(c) if at any time the assisted person pleads guilty to the indictable offence, the trial advocate
must be paid either—
(i) a graduated fee calculated in accordance with paragraph 4 as appropriate to the
length of the fitness hearing; or
(ii) a graduated fee calculated in accordance with paragraph 7 as appropriate for
representing an assisted person in a guilty plea,
(a) 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).
39
whichever the trial advocate elects.
Cross examination of witness
32.—(1) Where in any case on indictment an advocate is retained solely for the purpose of
cross-examining a witness under section 38 of the Youth Justice and Criminal Evidence Act
1999(a) (defence representation for purposes of cross-examination), the advocate must be paid a
graduated fee calculated in accordance with paragraph 4.
(2) For the purposes of this paragraph the daily attendance fee (D) is as set out in the table
following paragraph 5 as appropriate to the number of days of attendance at court by the advocate.
Provision of written or oral advice
33.—(1) Where in any case on indictment an advocate is assigned pursuant to a section 16
determination solely for the purpose of providing written or oral advice, the advocate must be paid
for the reasonable number of hours of preparation for that advice using the hourly fee rates for
special preparation set out in the table following paragraph 24 as appropriate to the category of
trial advocate.
(2) An advocate claiming a fee for advice under this paragraph may apply to the appropriate
officer to redetermine the fee under regulation 28 and the advocate must supply such information
and documents as may be required by the appropriate officer as proof of the number of hours of
preparation.
Mitigation of sentence
34.—(1) Where in any case on indictment an advocate is assigned pursuant to a section 16
determination to appear at a sentencing hearing solely for the purpose of applying to the court to
mitigate the assisted person’s sentence, the advocate must be paid in respect of that appearance the
fee specified in the table following paragraph 24 together with a fee calculated from the
reasonable number of hours of preparation for that appearance using the hourly fee rates for
special preparation set out in the table following paragraph 24 as appropriate to the category of
trial advocate.
(2) An advocate claiming an hourly preparation fee under this paragraph may apply to the
appropriate officer to redetermine such hourly fee under regulation 28 and the advocate must
supply such information and documents as may be required by the appropriate officer as proof of
the number of hours of preparation.
PART 7
Table of Offences
Offence
Contrary to
Class A: Homicide and related grave offences
Murder
Manslaughter
Soliciting to commit murder
Child destruction
Infanticide
(a) 1999 c. 23.
40
Common law
Common law
Offences against the
Person Act 1861, s.4
Infant Life (Preservation)
Act 1929, s.1(1)
Infanticide Act 1938, s.1(1)
Year
and
Chapter
1861 c. 100
1929 c. 34
1938 c. 36
Causing explosion likely to endanger life or property
Explosive Substances Act
1883 c. 3
1883, s.2
Attempt to cause explosion, making or keeping
Explosive Substances Act
As above
explosives etc.
1883, s.3
Class B: Offences involving serious violence or damage, and serious drug offences
Endangering the safety of an aircraft
Aviation Security Act
1982 c. 36
1982, s.2(1)(b)
Racially aggravated arson (not endangering life)
Crime and Disorder Act
1998 c. 37
1998, s.30(1)
Kidnapping
Common law
False imprisonment
Common law
Aggravated criminal damage
Criminal Damage Act
1971 c. 48
1971, s.1(2)
Aggravated arson
Criminal Damage Act
As above
1971, s.1(2), (3)
Arson (where value exceeds £30,000)
Criminal Damage Act
As above
1971, s.1(3)
Possession of firearm with intent to endanger life
Firearms Act 1968, s.16
1968 c. 27
Use of firearm to resist arrest
Firearms Act 1968, s.17
As above
Possession of firearm with criminal intent
Firearms Act 1968, s.18
As above
Possession or acquisition of certain prohibited
Firearms Act 1968, s.5
As above
weapons etc.
Aggravated burglary
Theft Act 1968, s.10
1968 c. 60
Armed robbery
Theft Act 1968, s.8(1)
As above
Assault with weapon with intent to rob
Theft Act 1968, s.8(2)
As above
Blackmail
Theft Act 1968, s.21
As above
Riot
Public Order Act 1986, s.1 1986 c. 64
Violent disorder
Public Order Act 1986, s.2 As above
Contamination of good with intent
Public Order Act 1986,
As above
s.38
Causing death by dangerous driving
Road Traffic Act 1988, s.1 1988 c. 52
Causing death by careless driving while under the
Road Traffic Act 1988,
As above
influence of drink or drugs
s.3A
Aggravated vehicle taking resulting in death
Theft Act 1968, s.12A
1968 c. 60
Causing danger to road users
Road Traffic Act 1988,
1988 c. 52
s.22A
Attempting to choke, suffocate, strangle etc.
Offences against the
1861 c. 100
Person Act 1861, s.21
Causing miscarriage by poison, instrument
Offences against the
As above
Person Act 1861, s.58
Making threats to kill
Offences against the
As above
Person Act 1861, s.16
Wounding or grievous bodily harm with intent to
Offences against the
As above
cause grievous bodily harm etc.
Person Act 1861, s.18
As above
Endangering the safety of railway passengers
Offences against the
Person Act 1861, ss. 32,
33, 34
Impeding persons endeavouring to escape wrecks
Offences against the
As above
Person Act 1861, s.17
Administering chloroform, laudanum etc.
Offences against the
As above
Person Act 1861, s.22
Administering poison etc. so as to endanger life
Offences against the
As above
Person Act 1861, s.23
Cruelty to persons under 16
Children and Young
1933 c. 12
41
Aiding and abetting suicide
Prison mutiny
Assaulting prison officer whilst possessing firearm
etc.
Producing or supplying a Class A or B drug
Possession of a Class A or B drug with intent to
supply
Manufacture and supply of scheduled substances
Fraudulent evasion of controls on Class A and B
drugs
Illegal importation of Class A and B drugs
Offences in relation to proceeds of drug trafficking
Offences in relation to money laundering
investigations
Practitioner contravening drug supply regulations
Cultivation of cannabis plant
Occupier knowingly permitting drugs offences etc.
Activities relating to opium
Drug trafficking offences at sea
Firing on Revenue vessel
Making or possession of explosive in suspicious
circumstances
Causing bodily injury by explosives
Using explosive or corrosives with intent to cause
grievous bodily harm
Hostage taking
Offences against international protection of nuclear
material
Placing explosives with intent to cause bodily injury
Membership of proscribed organisations
Support or meeting of proscribed organisations
Uniform of proscribed organisations
Fund raising for terrorism
Other offences involving money or property to be
used for terrorism
42
Persons Act 1933, s.1
Suicide Act 1961, s.2
Prison Security Act 1992,
s.1
Criminal Justice Act 1991,
s.90
Misuse of Drugs Act 1971,
s.4
Misuse of Drugs Act 1971,
s.5(3)
Criminal Justice
(International Cooperation) Act 1990, s.12
Customs and Excise
Management Act 1979,
s.170(2)(b), (c)
Customs and Excise
Management Act 1979,
s.50
Drug Trafficking Act 1994,
ss. 49, 50, 51
Drug Trafficking Act 1994,
ss. 52, 53
Misuse of Drugs Act 1971,
ss. 12, 13
Misuse of Drugs Act 1971,
s.6
Misuse of Drugs Act 1971,
s.8
Misuse of Drugs Act 1971,
s.9
Criminal Justice
(International Cooperation) Act 1990, s.18
Customs and Excise
Management Act 1979,
s.85
Explosive Substances Act
1883, s.4(1)
Offences against the
Person Act 1861, s.28
Offences against the
Person Act 1861, s.29
Taking of Hostages Act
1982, s.1
Nuclear Material
(Offences) Act 1983, s.2
Offences against the
Person act 1861, s.30
Terrorism Act 2000, s.11
Terrorism Act 2000, s.12
Terrorism Act 2000, s.13
Terrorism Act 2000, s.15
Terrorism Act 2000, ss.1618
1961 c. 60
1992 c. 25
1991 c. 53
1971 c. 38
As above
1990 c. 5
1979 c. 2
As above
1994 c. 37
As above
1971 c. 38
As above
As above
As above
1990 c. 5
1979 c. 2
1883 c. 3
1861 c. 100
As above
1982 c. 28
1983 c. 18
1861 c. 100
2000 c. 11
As above
As above
As above
As above
Disclosure prejudicing, or interference of material
relevant to, investigation of terrorism
Weapons training
Directing terrorist organisation
Possession of articles for terrorist purposes
Unlawful collection of information for terrorist
purposes
Incitement of terrorism overseas
Concealing criminal property
Involvement in arrangements facilitating the
acquisition, retention, use or control of criminal
property
Acquisition, use or possession of criminal property
Failure to disclose knowledge or suspicion of money
laundering: regulated sector
Failure to disclose knowledge or suspicion of money
laundering: nominated officers in the regulated
sector
Failure to disclose knowledge or suspicion of money
laundering: other nominated officers
Tipping off
Disclosure under sections 330, 331, 332 or 333 of
the Proceeds of Crime Act 2002 otherwise than in
the form and manner prescribed
Causing or allowing the death of a child
Terrorism Act 2000, s.39
As above
Terrorism Act 2000, s.54
Terrorism Act 2000, s.56
Terrorism Act 2000, s.57
Terrorism Act 2000, s.58
As above
As above
As above
As above
Terrorism Act 2000, s.59
Proceeds of Crime Act
2002, s.327
Proceeds of Crime Act
2002, s.328
As above
2002 c. 29
Proceeds of Crime Act
2002, s.329
Proceeds of Crime Act
2002, s.330
Proceeds of Crime Act
2002, s.331
Proceeds of Crime Act
2002, s.332
Proceeds of Crime Act
2002, s.333
Proceeds of Crime Act
2002, s.339(1A)
As above
As above
As above
As above
As above
As above
As above
Domestic Violence, Crime 2004 c. 28
and Victims Act 2004, s.5
Class C: Lesser offences involving violence or damage and less serious drugs offences
Racially aggravated assault
Crime and Disorder Act
1998 c. 37
1998, s.29(1)
Racially aggravated criminal damage
Crime and Disorder Act
As above
1998, s.30(1)
Robbery (other than armed robbery)
Theft Act 1968, s.8(1)
1968 c. 60
Unlawful wounding
Offences against the
1861 c. 100
Person Act 1861, s.20
Assault occasioning actual bodily harm
Offences against the
As above
Person Act 1861, s.47
Concealment of birth
Offences against the
As above
Person Act 1861, s.60
Abandonment of children under two
Offences against the
As above
Person Act 1861, s.27
Arson (other than aggravated arson) where value
Criminal Damage Act
1971 c. 48
does not exceed £30,000
1971, s.1(3)
Criminal damage (other than aggravated criminal
Criminal Damage Act
As above
damage)
1971, s.1(1)
Possession of firearm without certificate
Firearms Act 1968 s.1
1968 c. 27
Carrying loaded firearm in public place
Firearms Act 1968, s.19
As above
Trespassing with a firearm
Firearms Act 1968, s.20
As above
Shortening of shotgun or possession of shortened
Firearms Act 1968 s.4
As above
shotgun
Shortening of smooth bore gun
Firearms Amendment Act
1988 c. 45
1988, s.6(1)
Possession or acquisition of shotgun without
Firearms Act 1968, s.2
1968 c. 27
43
certificate
Possession of firearms by person convicted of crime
Acquisition by or supply of firearms to person
denied them
Dealing in firearms
Failure to comply with certificate when transferring
firearm
Permitting an escape
Rescue
Escape from lawful custody without force
Breach of prison
Harbouring escaped prisoners
Assisting prisoners to escape
Fraudulent evasion of agricultural levy
Offender armed or disguised
Making threats to destroy or damage property
Possessing anything with intent to destroy or
damage property
Child abduction by connected person
Child abduction by other person
Bomb hoax
Producing or supplying Class C drug
Possession of a Class C drug with intent to supply
Fraudulent evasion of controls on Class C drugs
Illegal importation of Class C drugs
Possession of Class A drug
Failure to disclose knowledge or suspicion of money
laundering
Tipping off in relation to money laundering
investigations
Assaults on officers saving wrecks
Attempting to injure or alarm the Sovereign
Assisting illegal entry or harbouring persons
Administering poison with intent to injure etc.
Neglecting to provide food for or assaulting servants
etc.
Setting spring guns with intent to inflict grievous
44
Firearms Act 1968, s.21(4)
Firearms Act 1968, s.21(5)
As above
As above
Firearms Act 1968, s.3
Firearms Act 1968, s.42
As above
As above
Common law
Common law
Common law
Common law
Criminal Justice Act 1961,
s.22
Prison Act 1952, s.39
Customs and Excise
Management Act 1979,
s.68A(1) and (2)
Customs and Excise
Management Act 1979,
s.86
Criminal Damage Act
1971, s.2
Criminal Damage Act
1971, s.3
Child Abduction Act 1984,
s.1
Child Abduction Act 1984,
s.2
Criminal Law Act 1977,
s.51
Misuse of Drugs Act 1971,
s.4
Misuse of Drugs Act 1971
s.5(3)
Customs and Excise
Management Act 1979,
s.170(2)(b),(c)
Customs and Excise
Management Act 1979,
s.50
Misuse of Drugs Act 1971,
s.5(2)
Drug Trafficking Offences
Act 1986, s.26B
Drug Trafficking Offences
Act 1986, s.26C
Offences against the
Person Act 1861, s.37
Treason Act 1842, s.2
Immigration Act 1971, s.25
Offences against the
Person Act 1861, s.24
Offences against the
Person Act 1861, s.26
Offences against the
1961 c. 39
1952 c. 52
1979 c. 2
As above
1971 c. 48
As above
1984 c. 37
As above
1977 c. 45
1971 c. 38
As above
1979 c. 2
As above
1971 c. 38
1986 c. 32
As above
1861 c. 100
1842 c. 51
1971 c. 77
1861 c. 100
As above
As above
bodily harm
Supplying instrument etc. to cause miscarriage
Person Act 1861, s.31
Offences against the
Person Act 1861, s.59
Failure to disclose information about terrorism
Terrorism Act 2000, s.19
Circumcision of females
Prohibition of Female
Circumcision Act 1985, s.1
Breaking or injuring submarine telegraph cables
Submarine Telegraph Act
1885, s.3
Failing to keep dogs under proper control resulting
Dangerous Dogs Act 1991,
in injury
s.3
Making gunpowder etc. to commit offences
Offences against the
Person Act 1861, s.64
Stirring up racial hatred
Public Order Act 1986,
ss.18-23
Class D: Sexual offences and offences against children
Administering drugs to obtain intercourse
Sexual Offences Act 1956,
s.4
Procurement of a defective
Sexual Offences Act 1956,
s.9
Incest other than by man with a girl under 13
Sexual Offences Act 1956,
s.10, 11
Gross indecency between male of 21 or over and
Sexual Offences Act 1956,
male under 16
s.13
Indecent assault on a woman
Sexual Offences Act 1956,
s.14
Indecent assault on a man
Sexual Offences Act 1956,
s.15
Abuse of position of trust
Sexual Offences
(Amendment) Act 2000,
s.3
Man living on earnings of prostitution
Sexual Offences Act 1956,
s.30
Woman exercising control over prostitute
Sexual Offences Act 1956,
s.31
Living on earnings of male prostitution
Sexual Offences Act 1967,
s.5
Incitement to commit incest
Criminal Law Act 1977,
s.54
Ill-treatment of persons of unsound mind
Mental Health Act 1983,
s.127
Abduction of unmarried girl under 18 from parent
Sexual Offences Act 1956,
s.19
Abduction of defective from parent
Sexual Offences Act 1956,
s.21
Procuration of girl under 21
Sexual Offences Act 1956,
s.23
Permitting defective to use premises for intercourse
Sexual Offences Act 1956,
s.27
Causing or encouraging prostitution of defective
Sexual Offences Act 1956,
s.29
Sexual assault
Sexual Offences Act 2003,
s.3
Causing sexual activity without penetration
Sexual Offences Act 2003,
s.4
Engaging in sexual activity in the presence of a child Sexual Offences Act 2003,
45
As above
2000 c. 11
1985 c. 38
1885 c. 49
1991 c. 65
1861 c. 100
1986 c. 64
1956 c. 69
As above
As above
As above
As above
As above
2000 c. 44
1956 c. 69
As above
1967 c. 60
1977 c. 45
1983 c. 20
1956 c. 69
As above
As above
As above
As above
2003 c. 42
As above
As above
Causing a child to watch a sexual act
Child sex offence committed by person under 18
Meeting child following sexual grooming
Abuse of trust: sexual activity with a child
Abuse of position of trust: causing a child to engage
in sexual activity
Abuse of trust: sexual activity in the presence of a
child
Abuse of position of trust: causing a child to watch
sexual activity
Engaging in sexual activity in the presence of a
person with a mental disorder
Causing a person with a mental disorder to watch a
sexual act
Engaging in sexual activity in the presence of a
person with a mental disorder
Causing a person with a mental disorder to watch a
sexual act
Care workers: sexual activity in presence of a person
with a mental disorder
Care workers: causing a person with a mental
disorder to watch a sexual act
Causing or inciting prostitution for gain
Controlling prostitution for gain
Administering a substance with intent
Committing offence with intent to commit sexual
offence
Trespass with intent to commit sexual offence
Sex with adult relative
Exposure
Voyeurism
Intercourse with an animal
Sexual penetration of a corpse
Class E: Burglary etc.
Burglary (domestic)
Going equipped to steal
Burglary (non-domestic)
Classes F G and K: Other offences of dishonesty
The following offences are always in Class F
Destruction of registers of birth etc.
Making false entries in copies of registers sent to the
46
s.11
Sexual Offences Act 2003,
s.12
Sexual Offences Act 2003,
s.13
Sexual Offences Act 2003,
s.15
Sexual Offences Act 2003,
s.16
Sexual Offences Act 2003,
s.17
Sexual Offences Act 2003,
s.18
Sexual Offences Act 2003,
s.19
Sexual Offences Act 2003,
s.32
Sexual Offences Act 2003,
s.33
Sexual Offences Act 2003,
s.36
Sexual Offences Act 2003,
s.37
Sexual Offences Act 2003,
s.40
Sexual Offences Act 2003,
s.41
Sexual Offences Act 2003,
s.52
Sexual Offences Act 2003,
s.53
Sexual Offences Act 2003,
s.61
Sexual Offences Act 2003,
s.62
Sexual Offences Act 2003,
s.63
Sexual Offences Act 2003,
ss.64,65
Sexual Offences Act 2003,
s.66
Sexual Offences Act 2003,
s.67
Sexual Offences Act 2003,
s.69
Sexual Offences Act 2003,
s.70
As above
As above
As above
As above
As above
As above
As above
As above
As above
As above
As above
As above
As above
As above
As above
As above
As above
As above
As above
As above
As above
As above
As above
Theft Act 1968, s.9(3)(a)
Theft Act 1968, s.25
Theft Act 1968, s.9(3)(b)
1968 c. 60
As above
As above
Forgery Act 1861, s.36
Forgery Act 1861, s.37
1861 c. 98
As above
registrar
Possession (with intention) of false identity
documents
Possession (with intention) of apparatus or material
for making false identity documents
Possession (without reasonable excuse) of false
identity documents or apparatus or material for
making false identity documents
The following offences are always in Class G
Undischarged bankrupt being concerned in a
company
Counterfeiting notes and coins
Passing counterfeit notes and coins
Offences involving custody or control of counterfeit
notes and coins
Making, custody or control of counterfeiting
materials etc.
Illegal importation: counterfeit notes or coins
Fraudulent evasion: counterfeit notes or coins
The following offences are in Class G if the value
involved exceeds £30,000, Class K if the value
exceeds £100,000 and in Class F otherwise
VAT offences
Fraudulent evasion of duty
Theft
Removal of articles from places open to the public
Abstraction of electricity
Obtaining property by deception
Obtaining pecuniary advantage by deception
False accounting
Handling stolen goods
Obtaining services by deception
Evasion of liability by deception
Illegal importation: not elsewhere specified
Counterfeiting Customs documents
Fraudulent evasion: not elsewhere specified
Forgery
Copying false instrument with intent
47
Identity Cards Act 2006,
s.25(1)
Identity Cards Act 2006,
s.25(3)
Identity Cards Act 2006,
s.25(5)
2006 c. 15
As above
As above
Insolvency Act 1986, s.360
1986 c. 45
Forgery and Counterfeiting
Act 1981, s.14
Forgery and Counterfeiting
Act 1981, s.15
Forgery and Counterfeiting
Act 1981, s.16
Forgery and Counterfeiting
Act 1981, s.175
Customs and Excise
Management Act 1979,
s.50
Customs and Excise
Management Act 1979,
s.170(2)(b),(c)
1981 c. 45
Value Added Tax Act
1994, s.72(1) to (8)
Customs and Excise
Management Act 1979,
s.170(1)(b)
Theft Act 1968, s.1
Theft Act 1968, s.11
Theft Act 1968, s.13
Theft Act 1968, s.15
Theft Act 1968, s.16
Theft Act 1968, s.17
Theft Act 1968, s.22
Theft Act 1978, s.1
Theft Act 1978, s.2
Customs and Excise
Management Act 1979,
s.50
Customs and Excise
Management Act 1979,
s.168
Customs and Excise
Management Act 1979,
s.170(2)(b),(c)
Forgery and Counterfeiting
Act 1981, s.1
Forgery and Counterfeiting
Act 1981, s.2
As above
As above
As above
1979 c. 2
As above
1994 c. 23
1979 c. 2
1968 c. 60
As above
As above
As above
As above
As above
As above
1978 c. 31
As above
1979 c. 2
As above
As above
1981 c. 45
As above
Using a false instrument
Using a copy of a false instrument
Custody of control of false instruments etc.
Offences in relation to dies or stamps
Counterfeiting of dies or marks
Fraud by false representation
Fraud by failing to disclose information
Fraud by abuse of position
Possession etc. of article for use in frauds
Making or supplying articles for use in frauds
Participation in fraudulent business carried on by a
sole trader etc.
Obtaining services dishonestly
Class H: Miscellaneous other offences
Breach of anti-social behaviour order
Breach of sex offender order
Racially aggravated public order offence
Racially aggravated harassment/putting another in
fear of violence
Having an article with a blade or point in a public
place
Breach of harassment injunction
Putting people in fear of violence
Breach of restraining order
Being drunk on an aircraft
Possession of offensive weapon
Affray
Assault with intent to resist arrest
Unlawful eviction and harassment of occupier
Obscene articles intended for publication for gain
Gross indecency between males (other than where
one is 21 or over and the other is under 16)
Solicitation for immoral purposes
Buggery of males of 16 or over otherwise than in
private
Acts outraging public decency
48
Forgery and Counterfeiting
Act 1981, s.3
Forgery and Counterfeiting
Act 1981, s.4
Forgery and Counterfeiting
Act 1981, s.5
Stamp Duties Management
Act 1891, s.13
Hallmarking Act 1973, s.6
Fraud Act 2006, s.2
Fraud Act 2006, s.3
Fraud Act 2006, s.4
Fraud Act 2006, s.6
Fraud Act 2006, s.7
Fraud Act 2006, s.9
As above
As above
As above
1891 c. 38
1973 c. 43
2006 c. 35
As above
As above
As above
As above
As above
Fraud Act 2006, s.11
As above
Crime and Disorder Act
1998, s.1(10)
Crime and Disorder Act
1998, s.2(8)
Crime and Disorder Act
1998, s.31(1)
Crime and Disorder Act
1998, s.32(1)
Criminal Justice Act 1988,
s.39
Protection from
Harassment Act 1997,
s.3(6)
Protection from
Harassment Act 1997,
s.4(1)
Protection from
Harassment Act 1997,
s.5(5)
Air Navigation Order 2005,
article 75
Prevention of Crime Act
1953, s.1
Public Order Act 1986, s.3
Offences against the
Person Act 1861, s.38
Protection from Eviction
Act 1977, s.1
Obscene Publications Act
1964, s.1
Sexual Offences Act 1956,
s.13
Sexual Offences Act 1956,
s.32
Sexual Offences Act 1956,
s.12
Common law
1998 c. 37
As above
As above
As above
1988 c. 33
1997 c. 40
As above
As above
SI
2005/1970
1953 c. 14
1986 c. 64
1861 c. 100
1977 c. 43
1964 c. 74
1956 c. 69
As above
As above
Offences of publication of obscene matter
Obscene Publications Act
1959, s.2
Keeping a disorderly house
Common law: Disorderly
Houses Act 1751, s.8
Indecent display
Indecent Displays
(Control) Act 1981, s.1
Presentation of obscene performance
Theatres Act 1968, s.2
Procurement of intercourse by threats etc.
Sexual Offences Act 1956,
s.2
Causing prostitution of women
Sexual Offences Act 1956,
s.22
Detention of woman in brothel or other premises
Sexual Offences Act 1956,
s.24
Procurement of a woman by false pretences
Sexual Offences Act 1956,
s.3
Procuring others to commit homosexual acts
Sexual Offences Act 1967,
s.4
Trade description offences (9 offences)
Trade Descriptions Act
1968, ss.1, 8, 9, 12, 13, 14
Misconduct endangering ship or persons on board
Merchant Shipping Act
ship
1970, s.27
Obstructing engine or carriage on railway
Malicious Damage Act
1861, s.36
Offences relating to the safe custody of controlled
Misuse of Drugs Act 1971,
drugs
s.11
Possession of Class B or Class C drug
Misuse of Drugs Act 1971,
s.5(2)
Wanton or furious driving
Offences against the
Person Act 1861, s.35
Dangerous driving
Road Traffic Act 1988, s.2
Forgery and misuse of driving documents
Public Passenger Vehicles
Act 1981, s.65
Forgery of driving documents
Road Traffic Act 1960,
s.233
Forgery etc. of licences and other documents
Road Traffic Act 1988,
s.173
Mishandling or falsifying parking documents etc.
Road Traffic Regulation
Act 1984, s.115
Aggravated vehicle taking
Theft Act 1968, s.12A
Forgery, alteration, fraud of licences etc.
Vehicle Excise and
Registration Act 1994, s.44
Making off without payment
Theft Act 1978, s.3
Agreeing to indemnify sureties
Bail Act 1976, s.9(1)
Sending prohibited articles by post
Post Office Act 1953, s.11
Impersonating Customs Officer
Customs and Excise
Management Act 1979,
s.13
Obstructing Customs Officer
Customs and Excise
Management Act 1979,
s.16
Class I: Offences against public justice and similar offences
Conspiring to commit offences outside the United
Criminal Justice (Terrorism
Kingdom
and Conspiracy) Act 1998,
s.5
Perverting the course of public justice
Common Law
49
1959 c. 66
1751 c. 36
1981 c. 42
1968 c. 54
1956 c. 69
As above
As above
As above
1967 c. 60
1968 c. 29
1970 c. 36
1861 c. 97
1971 c. 38
As above
1861 c. 100
1988 c. 52
1981 c. 14
1960 c. 16
1988 c. 52
1984 c. 27
1968 c. 60
1994 c. 22
1978 c. 31
1976 c. 63
1953 c. 36
1979 c. 2
As above
1998 c. 40
Perjuries (7 offences)
Perjury Act 1911, ss.1 to
7(2)
Prevention of Corruption
Act 1906, s.1
Public Bodies Corrupt
Practices Act 1889, s.1
Common law
Bribery Act 2010, s.1
Bribery Act 2010, s.2
Bribery Act 1010 s.6
Common law
Corrupt transactions with agents
Corruption in public office
Embracery
Offences of bribing another person
Offences relating to being bribed
Bribery of foreign public officials
Fabrication of evidence with intent to mislead a
tribunal
Personation of jurors
Concealing an arrestable offence
Assisting offenders
False evidence before European Court
Personating for purposes of bail etc.
Intimidating a witness, juror etc.
Harming, threatening to harm a witness, juror etc.
Prejudicing a drug trafficking investigation
Giving false statements to procure cremation
False statement tendered under section 9 of the
Criminal Justice Act 1967
Making a false statement to obtain interim
possession order
Making false statement to resist making of interim
possession order
False statement tendered under section 5B of the
Magistrates’ Courts Act 1980
Making false statements to authorised officer
Class J: Serious sexual offences
Rape
Sexual intercourse with girl under 13
Sexual intercourse with girl under 16
Sexual intercourse with defective
Incest by man with a girl under 13
Buggery of person under 16
Indecency with children under 14
Taking, having etc. indecent photographs of children
Assault with intent to commit buggery
50
Common law
Criminal Law Act 1967,
s.5
Criminal Law Act 1967,
s.4(1)
European Communities
Act 1972, s.11
Forgery Act 1861, s.34
Criminal Justice and Public
Order Act 1994, s.51(1)
Criminal Justice and Public
Order Act 1994, s.51(2)
Drug Trafficking Act 1994,
s.58(1)
Cremation Act 1902, s.8(2)
Criminal Justice Act 1967,
s.89
Criminal Justice and Public
Order Act 1994, s.75(1)
Criminal Justice and Public
Order Act 1994, s.75(2)
Magistrates’ Courts Act
1980, s.106
Trade Descriptions Act
1968, s. 29(2)
Sexual Offences Act 1956,
s.1(1)
Sexual Offences Act 1956,
s.5
Sexual Offences Act 1956,
s.6
Sexual Offences Act 1956,
s.7
Sexual Offences Act 1956,
s.10
Sexual Offences Act 1956,
s.12
Indecency with Children
Act 1960, s.1(1)
Protection of Children Act
1978, s.1
Sexual Offences Act 1956,
1911 c. 6
1906 c. 34
1889 c. 69
2010 c. 23
As above
As above
1967 c. 58
As above
1972 c. 68
1861 c. 98
1994 c. 33
As above
1994 c. 37
1902 c. 8
1967 c. 80
1994 c. 33
As above
1980 c. 43
1968 c. 29
1956 c. 69
As above
As above
As above
As above
As above
1960 c. 33
1978 c. 37
1956 c. 69
Abduction of woman by force
Permitting girl under 13 to use premises for sexual
intercourse
Allowing or procuring child under 16 to go abroad
to perform
Sexual intercourse with patients
Abduction of unmarried girl under 16 from parent
Permitting girl under 16 to use premises for
intercourse
Causing or encouraging prostitution of girl under 16
Rape
Assault by penetration
Causing sexual activity with penetration
Rape of child under 13
Assault of child under 13 by penetration
Sexual assault of child under 13
Causing a child under 13 to engage in sexual activity
Sexual activity with a child
Causing a child to engage in sexual activity
Arranging child sex offence
Sexual activity with a child family member, with
penetration
Inciting a child family member to engage in sexual
activity
Sexual activity with a person with a mental disorder
Causing or inciting a person with a mental disorder
to engage in sexual activity
Offering inducement to procure sexual activity with
a person with a mental disorder
Inducing person with mental disorder to engage in
sexual activity
Care workers: sexual activity with a person with a
mental disorder
Care workers: inciting person with mental disorder
to engage in sexual act
Paying for sexual services of a child
Causing or inciting child prostitution or pornography
51
s.16
Sexual Offences Act 1956,
s.17
Sexual Offences Act 1956,
s.25
Children and Young
Persons Act 1933, ss.25, 26
Mental Health Act 1959,
s.128
Sexual Offences Act 1956,
s.20
Sexual Offences Act 1956,
s.26
Sexual Offences Act 1956,
s.28
Sexual Offences Act 2003,
s.1
Sexual Offences Act 2003,
s.2
Sexual Offences Act 2003,
s.4
Sexual Offences Act 2003,
s.5
Sexual Offences Act 2003,
s.6
Sexual Offences Act 2003,
s.7
Sexual Offences Act 2003,
s.8
Sexual Offences Act 2003,
s.9
Sexual Offences Act 2003,
s.10
Sexual Offences Act 2003,
s.14
Sexual Offences Act 2003,
s.25
Sexual Offences Act 2003,
s.26
Sexual Offences Act 2003,
s.30
Sexual Offences Act 2003,
s.31
Sexual Offences Act 2003,
s.34
Sexual Offences Act 2003,
s.35
Sexual Offences Act 2003,
s.38
Sexual Offences Act 2003,
s.39
Sexual Offences Act 2003,
s.47
Sexual Offences Act 2003,
s.48
As above
As above
1933 c. 12
1959 c. 72
1956 c. 69
As above
As above
2003 c. 42
As above
As above
As above
As above
As above
As above
As above
As above
As above
As above
As above
As above
As above
As above
As above
As above
As above
As above
As above
Controlling a child prostitute
Sexual Offences Act 2003,
s.49
Sexual Offences Act 2003,
s.50
Sexual Offences Act 2003,
s.57
Sexual Offences Act 2003,
s.58
Sexual Offences Act 2003,
s.59
Facilitating child prostitution
Trafficking into UK for sexual exploitation
Trafficking within UK for sexual exploitation
Trafficking out of UK for sexual exploitation
As above
As above
As above
As above
As above
Class K: Other offences of dishonesty (high value)
Class K offences are listed under Classes F and G
SCHEDULE 2
Regulation 5
Litigators’ Graduated Fee Scheme
PART 1
Definitions and Scope
Interpretation
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;
52
(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.
Application
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—
53
(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(a) (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(b) (transfer of serious fraud cases); or
(ii) section 53 of the Criminal Justice Act 1991(c) (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(d) (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(e) (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) 2000 c. 6.
(b) 1987 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.
(c) 1991 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
(d) 1985 c. 23. Section 23A was inserted by section 119 of the Crime and Disorder Act 1998 (c. 37).
(e) 1998 c. 37.
54
(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.
Class of Offences
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(a) (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(b) (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(c) (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.
(a) 1977 c. 45.
(b) 1981 c. 47.
(c) 1983 c. 20.
55
PART 2
Graduated Fees for Guilty Pleas, Cracked Trials and Trials
Scope
4. Subject 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.
Pages of Prosecution Evidence
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
Type of case
Cracked trial or guilty plea
Class of Offence
A B C D
80 70 40 80
E
40
F
50
G
50
H
40
I
40
J
80
K
120
(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.
56
57
Trial
length in
days
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
PPE Cut
off
A
80
80
95
126
156
186
218
257
293
330
367
404
440
477
514
551
587
624
661
697
742
786
830
874
917
961
1,005
PPE Cut
off
B
70
70
105
139
170
203
238
274
306
338
370
402
434
465
497
535
573
611
649
687
722
757
792
826
860
895
935
PPE Cut-off figures in trials
PPE Cut
off
C
40
40
81
120
157
193
230
267
301
339
378
417
455
493
531
569
607
646
684
722
753
785
819
857
894
931
967
PPE Cut
off
D
80
80
95
126
156
186
218
257
293
330
367
404
440
477
514
551
587
624
661
697
742
786
830
874
917
961
1,005
PPE Cut
off
E
40
40
120
158
195
229
265
301
333
365
399
433
467
500
532
565
598
646
696
746
787
828
868
908
948
988
1,028
PPE Cut
off
F
50
50
138
173
206
240
276
310
342
373
405
437
470
501
533
564
596
627
659
690
720
752
784
816
848
880
912
PPE Cut
off
G
50
50
138
173
206
240
276
310
342
373
405
437
470
501
533
564
596
627
659
690
720
752
784
816
848
880
912
PPE Cut
off
H
40
40
122
157
191
225
260
301
338
374
412
449
486
523
559
596
637
687
736
786
826
867
908
948
988
1,028
1,068
PPE Cut
off
I
40
40
134
185
232
281
329
376
420
464
509
554
598
642
686
730
774
818
862
907
943
980
1,017
1,053
1,088
1,124
1,160
PPE Cut
off
J
80
80
95
126
156
186
218
257
293
330
367
404
440
477
514
551
587
624
661
697
742
786
830
874
917
961
1,005
PPE Cut
off
K
120
120
186
252
314
372
433
495
550
606
663
721
779
836
894
951
1,007
1,063
1,119
1,174
1,230
1,286
1,341
1,396
1,451
1,505
1,560
58
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
1,049
1,099
1,150
1,200
1,251
1,301
1,352
1,402
1,453
1,503
1,554
1,604
1,652
1,700
1,748
1,796
1,844
1,892
1,939
1,987
2,039
2,091
2,144
2,196
2,249
2,301
2,354
2,406
2,459
2,512
2,564
975
1,016
1,057
1,098
1,138
1,179
1,220
1,261
1,302
1,348
1,395
1,441
1,484
1,527
1,570
1,613
1,656
1,699
1,742
1,785
1,828
1,871
1,914
1,957
2,000
2,043
2,086
2,129
2,172
2,215
2,258
1,004
1,041
1,077
1,114
1,151
1,187
1,224
1,262
1,303
1,345
1,386
1,428
1,444
1,461
1,477
1,494
1,511
1,527
1,544
1,560
1,577
1,594
1,610
1,627
1,644
1,660
1,677
1,694
1,710
1,727
1,744
1,049
1,099
1,150
1,200
1,251
1,301
1,352
1,402
1,453
1,503
1,554
1,604
1,652
1,700
1,748
1,796
1,844
1,892
1,939
1,987
2,039
2,091
2,144
2,196
2,249
2,301
2,354
2,406
2,459
2,512
2,564
1,068
1,108
1,148
1,188
1,228
1,268
1,308
1,347
1,435
1,526
1,617
1,708
1,745
1,782
1,820
1,857
1,895
1,932
1,970
2,007
2,045
2,082
2,120
2,158
2,195
2,233
2,271
2,308
2,346
2,384
2,422
944
976
1,007
1,039
1,070
1,102
1,133
1,165
1,196
1,228
1,259
1,291
1,314
1,338
1,361
1,384
1,410
1,440
1,470
1,501
1,531
1,561
1,591
1,622
1,652
1,682
1,712
1,743
1,773
1,803
1,833
944
976
1,007
1,039
1,070
1,102
1,133
1,165
1,196
1,228
1,259
1,291
1,314
1,338
1,361
1,384
1,410
1,440
1,470
1,501
1,531
1,561
1,591
1,622
1,652
1,682
1,712
1,743
1,773
1,803
1,833
1,107
1,147
1,187
1,226
1,266
1,307
1,357
1,407
1,457
1,507
1,557
1,607
1,629
1,651
1,673
1,695
1,716
1,738
1,760
1,782
1,804
1,826
1,848
1,870
1,892
1,914
1,936
1,958
1,980
2,002
2,024
1,196
1,231
1,267
1,303
1,349
1,394
1,439
1,485
1,530
1,575
1,621
1,666
1,704
1,742
1,780
1,818
1,856
1,894
1,932
1,970
2,008
2,046
2,084
2,122
2,160
2,198
2,236
2,275
2,313
2,351
2,389
1,049
1,099
1,150
1,200
1,251
1,301
1,352
1,402
1,453
1,503
1,554
1,604
1,652
1,700
1,748
1,796
1,844
1,892
1,939
1,987
2,039
2,091
2,144
2,196
2,249
2,301
2,354
2,406
2,459
2,512
2,564
1,615
1,670
1,725
1,780
1,835
1,889
1,944
1,999
2,054
2,109
2,164
2,219
2,271
2,324
2,377
2,430
2,483
2,536
2,589
2,642
2,695
2,749
2,802
2,855
2,908
2,962
3,015
3,068
3,121
3,175
3,228
59
59
60
61
62
63
64
65
66
67
68
69
70
71
72
73
74
75
76
77
78
79
80
81
82
83
84
85
86
87
88
89
2,617
2,669
2,722
2,775
2,827
2,880
2,933
2,985
3,038
3,091
3,144
3,196
3,249
3,302
3,355
3,407
3,460
3,513
3,566
3,619
3,672
3,724
3,777
3,830
3,883
3,936
3,989
4,042
4,095
4,148
4,201
2,301
2,345
2,388
2,431
2,474
2,517
2,561
2,604
2,647
2,690
2,734
2,777
2,820
2,864
2,907
2,950
2,994
3,037
3,080
3,124
3,167
3,211
3,254
3,297
3,341
3,384
3,428
3,471
3,515
3,558
3,602
1,760
1,777
1,794
1,811
1,827
1,844
1,861
1,877
1,894
1,911
1,927
1,944
1,961
1,978
1,994
2,016
2,040
2,064
2,089
2,113
2,137
2,161
2,185
2,210
2,234
2,258
2,282
2,307
2,331
2,355
2,379
2,617
2,669
2,722
2,775
2,827
2,880
2,933
2,985
3,038
3,091
3,144
3,196
3,249
3,302
3,355
3,407
3,460
3,513
3,566
3,619
3,672
3,724
3,777
3,830
3,883
3,936
3,989
4,042
4,095
4,148
4,201
2,459
2,497
2,535
2,572
2,610
2,648
2,686
2,723
2,761
2,799
2,836
2,874
2,912
2,950
2,987
3,025
3,063
3,101
3,138
3,176
3,214
3,251
3,289
3,327
3,365
3,402
3,440
3,478
3,516
3,553
3,591
1,864
1,894
1,924
1,959
2,020
2,081
2,141
2,202
2,263
2,323
2,384
2,445
2,506
2,566
2,627
2,688
2,749
2,809
2,870
2,931
2,992
3,052
3,113
3,174
3,235
3,295
3,356
3,417
3,478
3,539
3,599
1,864
1,894
1,924
1,959
2,020
2,081
2,141
2,202
2,263
2,323
2,384
2,445
2,506
2,566
2,627
2,688
2,749
2,809
2,870
2,931
2,992
3,052
3,113
3,174
3,235
3,295
3,356
3,417
3,478
3,539
3,599
2,046
2,068
2,090
2,112
2,134
2,156
2,178
2,200
2,222
2,244
2,266
2,288
2,310
2,332
2,354
2,376
2,398
2,420
2,442
2,464
2,486
2,508
2,530
2,552
2,575
2,597
2,619
2,641
2,663
2,685
2,707
2,427
2,465
2,503
2,542
2,580
2,618
2,656
2,694
2,776
2,865
2,954
3,043
3,132
3,221
3,310
3,399
3,488
3,577
3,666
3,755
3,844
3,933
4,023
4,112
4,201
4,290
4,379
4,469
4,558
4,647
4,737
2,617
2,669
2,722
2,775
2,827
2,880
2,933
2,985
3,038
3,091
3,144
3,196
3,249
3,302
3,355
3,407
3,460
3,513
3,566
3,619
3,672
3,724
3,777
3,830
3,883
3,936
3,989
4,042
4,095
4,148
4,201
3,281
3,335
3,388
3,442
3,495
3,549
3,602
3,656
3,709
3,763
3,816
3,870
3,923
3,977
4,031
4,084
4,138
4,192
4,245
4,299
4,353
4,406
4,460
4,514
4,568
4,622
4,675
4,729
4,783
4,837
4,891
60
90
91
92
93
94
95
96
97
98
99
100
101
102
103
104
105
106
107
108
109
110
111
112
113
114
115
116
117
118
119
120
4,254
4,307
4,360
4,413
4,466
4,519
4,572
4,625
4,679
4,732
4,785
4,838
4,891
4,944
4,997
5,051
5,104
5,157
5,210
5,264
5,317
5,370
5,423
5,477
5,530
5,583
5,637
5,690
5,743
5,797
5,850
3,645
3,689
3,733
3,776
3,820
3,863
3,907
3,951
3,994
4,038
4,082
4,125
4,169
4,213
4,257
4,300
4,344
4,388
4,432
4,475
4,519
4,563
4,607
4,650
4,694
4,738
4,782
4,826
4,869
4,913
4,957
2,404
2,428
2,452
2,477
2,501
2,525
2,549
2,574
2,598
2,622
2,647
2,671
2,695
2,720
2,744
2,768
2,793
2,817
2,841
2,866
2,890
2,914
2,939
2,963
2,987
3,012
3,036
3,060
3,085
3,109
3,133
4,254
4,307
4,360
4,413
4,466
4,519
4,572
4,625
4,679
4,732
4,785
4,838
4,891
4,944
4,997
5,051
5,104
5,157
5,210
5,264
5,317
5,370
5,423
5,477
5,530
5,583
5,637
5,690
5,743
5,797
5,850
3,629
3,666
3,704
3,742
3,780
3,817
3,855
3,893
3,930
3,968
4,006
4,044
4,081
4,119
4,157
4,195
4,232
4,270
4,308
4,345
4,383
4,421
4,459
4,496
4,534
4,572
4,610
4,647
4,685
4,723
4,760
3,660
3,721
3,782
3,843
3,903
3,964
4,025
4,086
4,147
4,207
4,268
4,329
4,390
4,451
4,512
4,573
4,633
4,694
4,755
4,816
4,877
4,938
4,999
5,059
5,120
5,181
5,242
5,303
5,364
5,425
5,486
3,660
3,721
3,782
3,843
3,903
3,964
4,025
4,086
4,147
4,207
4,268
4,329
4,390
4,451
4,512
4,573
4,633
4,694
4,755
4,816
4,877
4,938
4,999
5,059
5,120
5,181
5,242
5,303
5,364
5,425
5,486
2,729
2,751
2,774
2,796
2,818
2,840
2,862
2,884
2,906
2,929
2,951
2,973
2,995
3,032
3,073
3,114
3,155
3,196
3,237
3,278
3,319
3,361
3,402
3,443
3,484
3,525
3,566
3,607
3,648
3,689
3,730
4,826
4,915
5,005
5,094
5,183
5,273
5,362
5,452
5,541
5,631
5,720
5,810
5,899
5,989
6,079
6,168
6,258
6,348
6,437
6,527
6,617
6,706
6,796
6,886
6,976
7,066
7,155
7,245
7,335
7,425
7,515
4,254
4,307
4,360
4,413
4,466
4,519
4,572
4,625
4,679
4,732
4,785
4,838
4,891
4,944
4,997
5,051
5,104
5,157
5,210
5,264
5,317
5,370
5,423
5,477
5,530
5,583
5,637
5,690
5,743
5,797
5,850
4,945
4,999
5,053
5,107
5,161
5,215
5,269
5,323
5,377
5,431
5,485
5,539
5,593
5,647
5,702
5,756
5,810
5,864
5,918
5,973
6,027
6,081
6,135
6,189
6,244
6,298
6,352
6,406
6,460
6,514
6,569
61
121
122
123
124
125
126
127
128
129
130
131
132
133
134
135
136
137
138
139
140
141
142
143
144
145
146
147
148
149
150
151
5,904
5,956
6,009
6,061
6,114
6,167
6,219
6,272
6,324
6,377
6,430
6,482
6,535
6,588
6,640
6,693
6,745
6,798
6,851
6,903
6,956
7,008
7,061
7,114
7,166
7,219
7,272
7,324
7,377
7,429
7,482
5,001
5,044
5,088
5,131
5,175
5,218
5,261
5,304
5,347
5,390
5,433
5,476
5,520
5,563
5,606
5,649
5,692
5,735
5,778
5,821
5,864
5,908
5,951
5,994
6,037
6,080
6,123
6,166
6,209
6,252
6,296
3,158
3,182
3,206
3,230
3,254
3,278
3,302
3,326
3,350
3,374
3,398
3,422
3,446
3,470
3,494
3,518
3,542
3,566
3,590
3,614
3,638
3,662
3,686
3,709
3,733
3,757
3,781
3,805
3,829
3,853
3,877
5,904
5,956
6,009
6,061
6,114
6,167
6,219
6,272
6,324
6,377
6,430
6,482
6,535
6,588
6,640
6,693
6,745
6,798
6,851
6,903
6,956
7,008
7,061
7,114
7,166
7,219
7,272
7,324
7,377
7,429
7,482
4,798
4,836
4,874
4,911
4,949
4,987
5,025
5,062
5,100
5,138
5,175
5,213
5,251
5,289
5,326
5,364
5,402
5,439
5,477
5,515
5,553
5,590
5,628
5,666
5,704
5,741
5,779
5,817
5,854
5,892
5,930
5,547
5,607
5,668
5,729
5,789
5,850
5,911
5,971
6,032
6,093
6,153
6,214
6,274
6,335
6,396
6,456
6,517
6,578
6,638
6,699
6,760
6,820
6,881
6,942
7,002
7,063
7,124
7,184
7,245
7,305
7,366
5,547
5,607
5,668
5,729
5,789
5,850
5,911
5,971
6,032
6,093
6,153
6,214
6,274
6,335
6,396
6,456
6,517
6,578
6,638
6,699
6,760
6,820
6,881
6,942
7,002
7,063
7,124
7,184
7,245
7,305
7,366
3,771
3,812
3,853
3,895
3,936
3,977
4,017
4,058
4,098
4,139
4,179
4,219
4,260
4,300
4,341
4,381
4,422
4,462
4,503
4,543
4,584
4,624
4,664
4,705
4,745
4,786
4,826
4,867
4,907
4,948
4,988
7,605
7,693
7,782
7,871
7,959
8,048
8,137
8,225
8,314
8,403
8,491
8,580
8,669
8,757
8,846
8,935
9,023
9,112
9,201
9,289
9,378
9,467
9,555
9,644
9,733
9,821
9,910
9,999
10,087
10,176
10,265
5,904
5,956
6,009
6,061
6,114
6,167
6,219
6,272
6,324
6,377
6,430
6,482
6,535
6,588
6,640
6,693
6,745
6,798
6,851
6,903
6,956
7,008
7,061
7,114
7,166
7,219
7,272
7,324
7,377
7,429
7,482
6,623
6,677
6,731
6,785
6,839
6,892
6,945
6,999
7,052
7,106
7,159
7,212
7,266
7,319
7,373
7,426
7,479
7,533
7,586
7,639
7,693
7,746
7,800
7,853
7,906
7,960
8,013
8,067
8,120
8,173
8,227
62
152
153
154
155
156
157
158
159
160
161
162
163
164
165
166
167
168
169
170
171
172
173
174
175
176
177
178
179
180
181
182
7,535
7,587
7,640
7,692
7,745
7,798
7,850
7,903
7,956
8,008
8,061
8,113
8,166
8,219
8,271
8,324
8,376
8,429
8,482
8,534
8,587
8,639
8,692
8,745
8,797
8,850
8,903
8,955
9,008
9,060
9,113
6,339
6,382
6,425
6,468
6,511
6,554
6,597
6,641
6,684
6,727
6,770
6,813
6,856
6,899
6,942
6,985
7,029
7,072
7,115
7,158
7,201
7,244
7,287
7,330
7,373
7,417
7,460
7,503
7,546
7,589
7,632
3,901
3,925
3,949
3,973
3,997
4,021
4,045
4,069
4,093
4,117
4,141
4,165
4,189
4,213
4,237
4,261
4,285
4,309
4,333
4,357
4,380
4,404
4,428
4,452
4,476
4,500
4,524
4,548
4,572
4,596
4,620
7,535
7,587
7,640
7,692
7,745
7,798
7,850
7,903
7,956
8,008
8,061
8,113
8,166
8,219
8,271
8,324
8,376
8,429
8,482
8,534
8,587
8,639
8,692
8,745
8,797
8,850
8,903
8,955
9,008
9,060
9,113
5,968
6,005
6,043
6,081
6,119
6,156
6,194
6,232
6,269
6,307
6,345
6,383
6,420
6,458
6,496
6,534
6,571
6,609
6,647
6,684
6,722
6,760
6,798
6,835
6,873
6,911
6,948
6,986
7,024
7,062
7,099
7,427
7,487
7,548
7,609
7,669
7,730
7,791
7,851
7,912
7,973
8,033
8,094
8,155
8,215
8,276
8,337
8,397
8,458
8,518
8,579
8,640
8,700
8,761
8,822
8,882
8,943
9,004
9,064
9,125
9,186
9,246
7,427
7,487
7,548
7,609
7,669
7,730
7,791
7,851
7,912
7,973
8,033
8,094
8,155
8,215
8,276
8,337
8,397
8,458
8,518
8,579
8,640
8,700
8,761
8,822
8,882
8,943
9,004
9,064
9,125
9,186
9,246
5,029
5,069
5,110
5,150
5,190
5,231
5,271
5,312
5,352
5,393
5,433
5,474
5,514
5,555
5,595
5,636
5,676
5,716
5,757
5,797
5,838
5,878
5,919
5,959
6,000
6,040
6,081
6,121
6,162
6,202
6,242
10,353
10,442
10,531
10619
10,708
10,797
10,885
10,974
11,063
11,151
11,240
11,329
11,417
11,506
11,595
11,683
11,772
11,861
11,949
12,038
12,127
12,215
12,304
12,393
12,481
12,570
12,659
12,747
12,836
12,925
13,013
7,535
7,587
7,640
7,692
7,745
7,798
7,850
7,903
7,956
8,008
8,061
8,113
8,166
8,219
8,271
8,324
8,376
8,429
8,482
8,534
8,587
8,639
8,692
8,745
8,797
8,850
8,903
8,955
9,008
9,060
9,113
8,280
8,333
8,387
8,440
8,494
8,547
8,600
8,654
8,707
8,760
8,814
8,867
8,921
8,974
9,027
9,081
9,134
9,188
9,241
9,294
9,348
9,401
9,454
9,508
9,561
9,615
9,668
9,721
9,775
9,828
9,881
63
183
184
185
186
187
188
189
190
191
192
193
194
195
196
197
198
199
200
9,166
9,218
9,271
9,323
9,376
9,429
9,481
9,534
9,587
9,639
9,692
9,744
9,797
9,850
9,902
9,955
10,007
10,060
7,675
7,718
7,762
7,805
7,848
7,891
7,934
7,977
8,020
8,063
8,106
8,150
8,193
8,236
8,279
8,322
8,365
8,408
4,644
4,668
4,692
4,716
4,740
4,764
4,788
4,812
4,836
4,860
4,884
4,908
4,932
4,956
4,980
5,004
5,028
5,051
9,166
9,218
9,271
9,323
9,376
9,429
9,481
9,534
9,587
9,639
9,692
9,744
9,797
9,850
9,902
9,955
10,007
10,060
7,137
7,174
7,211
7,248
7,285
7,322
7,360
7,397
7,434
7,471
7,508
7,545
7,582
7,620
7,657
7,694
7,731
7,768
9,307
9,368
9,428
9,489
9,549
9,610
9,671
9,731
9,792
9,853
9,913
9,974
10,035
10,095
10,156
10,217
10,277
10,338
9,307
9,368
9,428
9,489
9,549
9,610
9,671
9,731
9,792
9,853
9,913
9,974
10,035
10,095
10,156
10,217
10,277
10,338
6,283
6,323
6,364
6,404
6,445
6,485
6,526
6,566
6,607
6,647
6,687
6,728
6,768
6,809
6,849
6,890
6,930
6,971
13,102
13,191
13,279
13,368
13,457
13,545
13,634
13,723
13,811
13,900
13,988
14,077
14,166
14,254
14,343
14,432
14,520
14,609
9,166
9,218
9,271
9,323
9,376
9,429
9,481
9,534
9,587
9,639
9,692
9,744
9,797
9,850
9,902
9,955
10,007
10,060
9,935
9,988
10,042
10,095
10,148
10,202
10,255
10,309
10,362
10,415
10,469
10,522
10,575
10,629
10,682
10,736
10,789
10,842
Cracked trial or guilty plea where the number of pages of prosecution evidence is less than
or equal to the PPE Cut-off
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 of guilty pleas (£)
Type of
case
Cracked
trial
Guilty
plea
Class of Offence
A
B
C
D
E
F
G
H
I
J
K
991
.32
745
.63
941.7
5
708.3
4
255.3
8
202.4
1
245.7
3
214.5
9
245.7
3
214.5
9
259.7
3
209.2
8
277.9
9
191.3
4
991.3
2
745.6
3
848.0
7
702.2
9
775.1
5
609.4
4
575.1
6
485.3
8
Trial where the number of pages of prosecution evidence is less than or equal to the PPE
Cut-off
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 subparagraph (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 (£)
Type
of
case
Trial
Class of Offence
A
B
C
D
E
F
G
H
I
J
K
1608.
31
1527.
89
386.5
4
391.8
9
391.8
9
392.0
5
391.7
2
1608.
31
1130.
76
1202.
92
810.5
1
64
(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.
65
66
Trial
Length in
Days
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
Trial
length
proxy A
0.00
0.00
276.76
843.60
1,382.09
1,930.05
2,469.99
3,009.93
3,518.82
4,027.71
4,540.38
5,049.58
5,558.78
6,067.98
6,577.18
7,086.38
7,595.57
8,104.77
8,613.97
9,123.17
9,642.08
10,160.89
10,670.92
11,180.95
11,691.00
12,201.03
Length of trial proxy
Trial
length
proxy B
0.00
0.00
496.31
964.00
1,408.31
1,858.61
2,303.80
2,748.97
3,149.63
3,550.30
3,951.50
4,352.20
4,752.90
5,153.61
5,554.31
5,955.02
6,355.73
6,756.43
7,157.13
7,557.84
7,927.97
8,298.07
8,668.15
9,029.83
9,391.50
9,753.17
Trial
length
proxy C
0.00
0.00
473.98
924.20
1,351.90
1,776.66
2,203.87
2,631.09
3,015.57
3,400.07
3,794.99
4,190.10
4,576.22
4,962.33
5,348.45
5,734.56
6,120.68
6,506.79
6,892.90
7,279.02
7,596.29
7,913.63
8,231.00
8,548.37
8,864.09
9,174.28
Trial
length
proxy D
0.00
0.00
262.93
801.42
1,312.99
1,833.56
2,346.50
2,859.44
3,342.88
3,826.32
4,313.36
4,797.10
5,280.84
5,764.59
6,248.32
6,732.06
7,215.80
7,699.54
8,183.28
8,667.02
9,159.97
9,652.84
10,137.38
10,621.91
11,106.44
11,590.99
Trial
length
proxy E
0.00
0.00
785.29
1,132.77
1,462.86
1,772.17
2,099.12
2,426.07
2,720.32
3,014.59
3,322.37
3,630.24
3,937.70
4,235.69
4,532.77
4,829.87
5,126.96
5,424.05
5721.14
6,018.23
6,263.74
6,509.26
6,747.46
6,985.68
7,223.89
7,462.10
Trial
length
proxy F
0.00
0.00
706.78
984.95
1,249.21
1,519.38
1,789.40
2,055.07
2,294.19
2,533.30
2,779.24
3,025.17
3,270.12
3,510.51
3,750.89
3,991.29
4,231.68
4,472.07
4,712.46
4,952.85
5,149.52
5,346.28
5,543.04
5,739.80
5,936.55
6,133.31
Trial
length
proxy G
0.00
0.00
706.78
984.95
1,249.21
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50,973.66
51,464.66
51,955.77
52,447.00
52,938.35
53,429.81
53,921.40
54,413.10
54,904.92
55,396.86
55,888.92
56,381.10
56,873.39
57,365.80
57,858.33
46,059.26
46,581.62
47,104.14
47,626.84
48,149.72
48,672.77
49,195.98
49,719.38
50,242.94
50,766.68
51,290.59
51,814.66
52,338.92
52,863.34
53,387.95
53,912.71
54,437.66
54,962.66
55,487.65
56,012.65
56,537.64
57,062.64
57,587.63
58,112.63
58,637.63
59,162.62
59,687.62
60,212.61
60,737.61
61,262.60
61,787.60
70
120
121
122
123
124
125
126
127
128
129
130
131
132
133
134
135
136
137
138
139
140
141
142
143
144
145
146
147
148
149
150
58,350.98
58,843.74
59,329.22
59,814.69
60,300.17
60,785.64
61,271.11
61,756.60
62,242.07
62,727.54
63,213.02
63,698.49
64,183.97
64,669.45
65,154.92
65,640.39
66,125.87
66,611.34
67,096.82
67,582.29
68,067.77
68,553.24
69,038.71
69,524.20
70,009.67
70,495.14
70,980.62
71,466.09
71,951.57
72,437.05
72,922.52
41,778.09
42,118.30
42,458.50
42,798.71
43,134.92
43,470.02
43,805.11
44,140.22
44,475.32
44,810.42
45,145.52
45,480.62
45,815.73
46,150.83
46,485.92
46,821.03
47,156.13
47,491.23
47,826.33
48,161.43
48,496.54
48,831.63
49,166.74
49,501.84
49,836.94
50,172.04
50,507.14
50,842.25
51,177.34
51,512.44
51,847.55
23,357.61
23,483.54
23,609.47
23,735.40
23,859.50
23,983.54
24,107.58
24,231.63
24,355.67
24,479.71
24,603.75
24,727.80
24,851.84
24,975.88
25,099.92
25,223.97
25,348.02
25,472.06
25,596.10
25,720.14
25,844.19
25,968.23
26,092.27
26,216.31
26,340.36
26,464.40
26,588.44
26,712.49
26,836.53
26,960.57
27,084.61
55,433.43
55,901.56
56,362.76
56,823.97
57,285.16
57,746.36
58,207.57
58,668.77
59,129.97
59,591.17
60,052.37
60,513.57
60,974.77
61,435.97
61,897.17
62,358.37
62,819.57
63,280.77
63,741.98
64,203.18
64,664.38
65,125.58
65,586.78
66,047.99
66,509.19
66,970.38
67,431.59
67,892.79
68,354.00
68,815.19
69,276.39
18,547.54
18,646.28
18,745.02
18,843.76
18,942.50
19,041.24
19,139.98
19,238.72
19,337.46
19,436.20
19,534.94
19,633.69
19,732.43
19,831.17
19,929.91
20,028.65
20,127.39
20,226.13
20,324.87
20,423.61
20,522.35
20,621.09
20,719.83
20,818.57
20,917.31
21,016.05
21,114.79
21,213.53
21,312.27
21,411.01
21,509.75
20,281.26
20,425.15
20,568.43
20,711.70
20,854.97
20,998.25
21,141.51
21,284.79
21,428.07
21,571.34
21,714.61
21,857.89
22,001.16
22,144.43
22,287.70
22,430.98
22,574.26
22,717.52
22,860.80
23,004.08
23,147.34
23,290.62
23,433.90
23,577.17
23,720.44
23,863.71
24,006.99
24,150.26
24,293.53
24,436.81
24,580.09
20,281.26
20,425.15
20,568.43
20,711.70
20,854.97
20,998.25
21,141.51
21,284.79
21,428.07
21,571.34
21,714.61
21,857.89
22,001.16
22,144.43
22,287.70
22,430.98
22,574.26
22,717.52
22,860.80
23,004.08
23,147.34
23,290.62
23,433.90
23,577.17
23,720.44
23,863.71
24,006.99
24,150.26
24,293.53
24,436.81
24,580.09
18,504.95
18,607.28
18,709.60
18,811.92
18,914.25
19,016.57
19,118.83
19,219.63
19,320.42
19,421.20
19,521.99
19,622.78
19,723.57
19,824.36
19,925.15
20,025.93
20,126.72
20,227.51
20,328.30
20,429.09
20,529.88
20,630.66
20,731.46
20,832.25
20,933.03
21,033.82
21,134.60
21,235.40
21,336.19
21,436.97
21,537.76
39,451.46
39,751.48
40,047.31
40,343.13
40,638.96
40,934.79
41,230.61
41,526.44
41,822.27
42,118.09
42,413.92
42,709.75
43,005.57
43,301.40
43,597.23
43,893.06
44,188.89
44,484.71
44,780.54
45,076.37
45,372.20
45,668.02
45,963.85
46,259.68
46,555.50
46,851.33
47,147.16
47,442.98
47,738.81
48,034.64
48,330.46
58,350.98
58,843.74
59,329.22
59,814.69
60,300.17
60,785.64
61,271.11
61,756.60
62,242.07
62,727.54
63,213.02
63,698.49
64,183.97
64,669.45
65,154.92
65,640.39
66,125.87
66,611.34
67,096.82
67,582.29
68,067.77
68,553.24
69,038.71
69,524.20
70,009.67
70,495.14
70,980.62
71,466.09
71,951.57
72,437.05
72,922.52
62,312.60
62,837.59
63,362.59
63,887.58
64,411.56
64,928.68
65,445.80
65,962.93
66,480.04
66,997.17
67,514.29
68,031.40
68,548.53
69,065.65
69,582.77
70,099.89
70,617.01
71,134.14
71,651.25
72,168.37
72,685.50
73,202.61
73,719.74
74,236.86
74,753.97
75,271.10
75,788.22
76,305.34
76,822.46
77,339.58
77,856.71
71
151
152
153
154
155
156
157
158
159
160
161
162
163
164
165
166
167
168
169
170
171
172
173
174
175
176
177
178
179
180
181
73,407.99
73,893.47
74,378.94
74,864.42
75,349.90
75,835.37
76,320.84
76,806.32
77,291.80
77,777.27
78,262.75
78,748.22
79,233.69
79,719.17
80,204.65
80,690.12
81,175.59
81,661.07
82,146.54
82,632.02
83,117.50
83,602.97
84,088.44
84,573.92
85,059.40
85,544.87
86,030.35
86,515.82
87,001.29
87,486.77
87,972.25
52,182.65
52,517.74
52,852.85
53,187.95
53,523.06
53,858.15
54,193.25
54,528.36
54,863.46
55,198.56
55,533.66
55,868.76
56,203.86
56,538.96
56,874.07
57,209.17
57,544.26
57,879.37
58,214.47
58,549.57
58,884.67
59,219.77
59,554.88
59,889.97
60,225.07
60,560.18
60,895.28
61,230.38
61,565.48
61,900.58
62,235.69
27,208.66
27,332.70
27,456.74
27,580.78
27,704.83
27,828.87
27,952.91
28,076.95
28,201.00
28,325.05
28,449.09
28,573.13
28,697.17
28,821.22
28,945.26
29,069.30
29,193.34
29,317.39
29,441.43
29,565.47
29,689.51
29,813.56
29,937.60
30,061.64
30,185.69
30,309.73
30,433.77
30,557.81
30,681.86
30,805.90
30,929.95
69,737.60
70,198.80
70,660.00
71,121.20
71,582.40
72,043.61
72,504.80
72,966.01
73,427.21
73,888.41
74,349.61
74,810.81
75,272.02
75,733.22
76,194.41
76,655.62
77,116.82
77,578.03
78,039.22
78,500.42
78,961.63
79,422.83
79,884.03
80,345.23
80,806.43
81,267.63
81,728.83
82,190.03
82,651.23
83,112.43
83,573.63
21,608.49
21,707.23
21,805.97
21,904.71
22,003.46
22,102.20
22,200.94
22,299.68
22,398.42
22,497.16
22,595.90
22,694.64
22,793.38
22,892.12
22,990.86
23,089.60
23,188.34
23,287.08
23,385.82
23,484.56
23,583.30
23,682.04
23,780.78
23,879.52
23,978.26
24,077.00
24,175.74
24,274.49
24,373.23
24,471.97
24,570.71
24,723.35
24,866.63
25,009.91
25,153.17
25,296.45
25,439.72
25,583.00
25,726.27
25,869.54
26,012.82
26,156.09
26,299.36
26,442.64
26,585.91
26,729.18
26,872.46
27,015.73
27,159.00
27,302.28
27,445.55
27,588.83
27,732.10
27,875.37
28,018.65
28,161.92
28,305.19
28,448.47
28,591.74
28,735.01
28,878.29
29,021.56
24,723.35
24,866.63
25,009.91
25,153.17
25,296.45
25,439.72
25,583.00
25,726.27
25,869.54
26,012.82
26,156.09
26,299.36
26,442.64
26,585.91
26,729.18
26,872.46
27,015.73
27,159.00
27,302.28
27,445.55
27,588.83
27,732.10
27,875.37
28,018.65
28,161.92
28,305.19
28,448.47
28,591.74
28,735.01
28,878.29
29,021.56
21,638.55
21,739.34
21,840.13
21,940.92
22,041.70
22,142.49
22,243.29
22,344.07
22,444.86
22,545.65
22,646.43
22,747.23
22,848.02
22,948.80
23,049.59
23,150.38
23,251.17
23,351.96
23,452.75
23,553.53
23,654.32
23,755.11
23,855.90
23,956.69
24,057.47
24,158.26
24,259.06
24,359.84
24,460.63
24,561.42
24,662.20
48,626.29
48,922.12
49,217.94
49,513.77
49,809.60
50,105.42
50,401.25
50,697.08
50,992.90
51,288.73
51,584.56
51,880.38
52,176.21
52,472.04
52,767.86
53,063.69
53,359.52
53,655.34
53,951.17
54,247.00
54,542.83
54,838.66
55,134.49
55,430.31
55,726.14
56,021.97
56,317.79
56,613.62
56,909.45
57,205.27
57,501.10
73,407.99
73,893.47
74,378.94
74,864.42
75,349.90
75,835.37
76,320.84
76,806.32
77,291.80
77,777.27
78,262.75
78,748.22
79,233.69
79,719.17
80,204.65
80,690.12
81,175.59
81,661.07
82,146.54
82,632.02
83,117.50
83,602.97
84,088.44
84,573.92
85,059.40
85,544.87
86,030.35
86,515.82
87,001.29
87,486.77
87,972.25
78,373.82
78,890.94
79,408.07
79,925.18
80,442.31
80,959.43
81,476.54
81,993.67
82,510.79
83,027.91
83,545.03
84,062.15
84,579.28
85,096.39
85,613.51
86,130.64
86,647.75
87,164.88
87,682.00
88,199.11
88,716.24
89,233.36
89,750.49
90,267.60
90,784.72
91,301.85
91,818.96
92,336.09
92,853.21
93,370.32
93,887.45
72
182
183
184
185
186
187
188
189
190
191
192
193
194
195
196
197
198
199
200
88,457.72
88,943.20
89,428.67
89,914.14
90,399.63
90,885.10
91,370.57
91,856.04
92,341.52
92,827.00
93,312.47
93,797.95
94,283.42
94,768.89
95,254.37
95,739.85
96,225.32
96,710.80
97,196.27
62,570.78
62,905.89
63,240.99
63,576.09
63,911.19
64,246.29
64,581.39
64,916.49
65,251.59
65,586.70
65,921.80
66,256.89
66,592.00
66,927.10
67,262.20
67,597.30
67,932.40
68,267.51
68,602.60
31,053.99
31,178.03
31,302.08
31,426.12
31,550.16
31,674.20
31,798.25
31,922.29
32,046.33
32,170.37
32,294.42
32,418.46
32,542.50
32,666.54
32,790.59
32,914.63
33,038.67
33,162.71
33,286.76
84,034.83
84,496.04
84,957.24
85,418.43
85,879.64
86,340.84
86,802.05
87,263.24
87,724.44
88,185.65
88,646.85
89,108.05
89,569.25
90,030.45
90,491.66
90,952.85
91,414.06
91,875.26
92,336.46
24,669.45
24,766.77
24,864.03
24,961.29
25,058.55
25,155.81
25,253.07
25,350.33
25,447.59
25,544.85
25,642.11
25,739.37
25,836.63
25,933.89
26,031.15
26,128.41
26,225.67
26,322.93
26,420.19
29,164.83
29,308.11
29,451.38
29,594.66
29,737.93
29,881.20
30,024.48
30,167.74
30,311.02
30,454.30
30,597.57
30,740.84
30,884.12
31,027.39
31,170.66
31,313.93
31,457.21
31,600.49
31,743.75
29,164.83
29,308.11
29,451.38
29,594.66
29,737.93
29,881.20
30,024.48
30,167.74
30,311.02
30,454.30
30,597.57
30,740.84
30,884.12
31,027.39
31,170.66
31,313.93
31,457.21
31,600.49
31,743.75
24,763.00
24,863.79
24,964.57
25,065.36
25,166.15
25,266.94
25,367.73
25,468.52
25,569.30
25,670.09
25,770.89
25,871.67
25,972.46
26,073.25
26,174.03
26,274.83
26,375.62
26,476.40
26,577.19
57,796.93
58,092.75
58,388.58
58,684.41
58,980.23
59,276.06
59,571.89
59,867.71
60,163.54
60,459.37
60,755.19
61,051.02
61,346.85
61,642.67
61,938.50
62,234.33
62,530.15
62,825.98
63,121.81
88,457.72
88,943.20
89,428.67
89,914.14
90,399.63
90,885.10
91,370.57
91,856.04
92,341.52
92,827.00
93,312.47
93,797.95
94,283.42
94,768.89
95,254.37
95,739.85
96,225.32
96,710.80
97,196.27
94,404.57
94,921.69
95,438.81
95,955.93
96,473.06
96,990.17
97,507.29
98,024.42
98,541.53
99,058.66
99,575.78
100,092.89
100,610.02
101,127.14
101,644.26
102,161.38
102,678.50
103,195.63
103,712.74
Cracked trials and guilty pleas where the number of pages of prosecution evidence exceeds
the PPE Cut-off
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—
F
I (D u i)
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.
Table of final fees in cracked trials
Class of Offence
PPE Range
Initial Fee (£)
A
A
A
A
A
A
A
A
A
B
B
B
B
B
B
B
B
0-79
80-249
250-999
1000-2799
2800-4599
4600-6399
6400-8199
8200-9999
10,000
0-69
70-249
250-999
1000-2799
2800-4599
4600-6399
6400-8199
8200-9999
991.32
991.32
2,983.99
8,501.81
16,241.92
23,982.04
30,126.41
36,270.78
42,411.74
777.15
777.15
2,320.73
5,331.02
10,143.02
14,955.02
19,001.08
23,047.12
73
Incremental fee per
page of prosecution
evidence (£)
0
11.7216
7.3571
4.3001
4.3001
3.4135
3.4135
3.4135
0
0
8.5755
4.0137
2.6733
2.6733
2.2478
2.2478
2.2478
B
C
C
C
C
C
C
C
C
C
D
D
D
D
D
D
D
D
D
E
E
E
E
E
E
E
E
E
F
F
F
F
F
F
F
F
F
G
G
G
G
G
G
G
G
G
H
H
H
H
H
H
H
10,000
0-39
40-249
250-999
1000-2799
2800-4599
4600-6399
6400-8199
8200-9999
10,000
0-79
80-249
250-999
1000-2799
2800-4599
4600-6399
6400-8199
8200-9999
10,000
0-39
40-249
250-999
1000-2799
2800-4599
4600-6399
6400-8199
8200-9999
10,000
0-49
50-249
250-999
1000-2799
2800-4599
4600-6399
6400-8199
8200-9999
10,000
0-49
50-249
250-999
1000-2799
2800-4599
4600-6399
6400-8199
8200-9999
10,000
0-39
40-249
250-999
1000-2799
2800-4599
4600-6399
6400-8199
27,090.92
575.17
575.17
1,478.10
3,323.90
6,145.18
8,966.46
11,787.74
14,609.03
17,428.74
941.75
941.75
2,830.14
7,850.70
14,965.19
22,079.68
27,917.58
33,755.47
39,590.12
255.38
255.38
1,314.44
2,511.28
3,715.35
4,919.42
6,123.50
7,327.57
8,530.97
245.72
245.72
1,213.73
2,685.36
4,059.91
5,434.46
6,809.00
8,183.55
9,557.33
245.72
245.72
1,213.73
2,685.36
4,059.91
5,434.46
6,809.00
8,183.55
9,557.33
259.73
259.73
1,240.12
2,518.58
3,891.28
5,263.97
6,636.67
74
0
0
4.2997
2.4611
1.5674
1.5674
1.5674
1.5674
1.5674
0
0
11.1082
6.6941
3.9525
3.9525
3.2433
3.2433
3.2433
0
0
5.0432
1.5958
0.6689
0.6689
0.6689
0.6689
0.6689
0
0
4.8400
1.9622
0.7636
0.7636
0.7636
0.7636
0.7636
0
0
4.8400
1.9622
0.7636
0.7636
0.7636
0.7636
0.7636
0
0
4.6685
1.7046
0.7626
0.7626
0.7626
0.7626
H
H
I
I
I
I
I
I
I
I
I
J
J
J
J
J
J
J
J
J
K
K
K
K
K
K
K
K
K
8200-9999
10,000
0-39
40-249
250-999
1000-2799
2800-4599
4600-6399
6400-8199
8200-9999
10,000
0-79
80-249
250-999
1000-2799
2800-4599
4600-6399
6400-8199
8200-9999
10,000
0-119
120-249
250-999
1000-2799
2800-4599
4600-6399
6400-8199
8200-9999
10,000
8,009.37
9,381.30
278.00
278.00
1,640.33
3,541.82
5,312.17
7,082.51
8,852.85
10,623.20
12,392.55
991.32
991.32
2,983.99
8,501.81
16,241.92
23,982.04
30,126.41
36,270.78
42,411.74
848.07
848.07
1,780.66
5,905.73
14,574.29
23,242.87
30,634.84
38,026.81
45,414.67
0.7626
0
0
6.4873
2.5353
0.9835
0.9835
0.9835
0.9835
0.9835
0
0
11.7216
7.3571
4.3001
4.3001
3.4135
3.4135
3.4135
0
0
7.1738
5.5001
4.8159
4.8159
4.1067
4.1067
4.1066
0
Incremental fee per
page of prosecution
evidence (£)
0
6.1572
3.2471
2.0766
2.0766
1.2255
1.2255
1.2255
0
0
4.9497
2.4934
1.5916
1.5916
1.1661
1.1661
1.1661
0
0
Table of final fees in guilty pleas
Class of Offence
PPE Range
Initial Fee (£)
A
A
A
A
A
A
A
A
A
B
B
B
B
B
B
B
B
B
C
0-79
80-399
400-999
1000-2799
2800-4599
4600-6399
6400-8199
8200-9999
10,000
0-69
70-399
400-999
1000-2799
2800-4599
4600-6399
6400-8199
8200-9999
10,000
0-39
745.63
745.63
2,715.93
4,664.21
8,402.07
12,139.92
14,345.86
16,551.81
18,756.53
609.44
609.44
2,242.84
3,738.90
6,603.75
9,468.61
11,567.51
13,666.41
15,764.14
485.38
75
C
C
C
C
C
C
C
C
D
D
D
D
D
D
D
D
D
E
E
E
E
E
E
E
E
E
F
F
F
F
F
F
F
F
F
G
G
G
G
G
G
G
G
G
H
H
H
H
H
H
H
H
H
40-399
400-999
1000-2799
2800-4599
4600-6399
6400-8199
8200-9999
10,000
0-79
80-399
400-999
1000-2799
2800-4599
4600-6399
6400-8199
8200-9999
10,000
0-39
40-399
400-999
1000-2799
2800-4599
4600-6399
6400-8199
8200-9999
10,000
0-49
50-399
400-999
1000-2799
2800-4599
4600-6399
6400-8199
8200-9999
10,000
0-49
50-399
400-999
1000-2799
2800-4599
4600-6399
6400-8199
8200-9999
10,000
0-39
40-399
400-999
1000-2799
2800-4599
4600-6399
6400-8199
8200-9999
10,000
485.38
1,536.31
2,494.54
4,054.72
5,614.91
7,175.10
8,735.29
10,294.60
708.34
708.34
2,543.19
4,348.90
7,721.86
11,094.83
13,191.21
15,287.57
17,382.78
202.41
202.41
1,355.88
2,179.80
3,090.08
4,000.36
4,910.64
5,820.92
6,730.69
214.59
214.59
1,301.62
1,952.01
2,579.80
3,207.59
3,835.38
4,463.17
5,090.61
214.59
214.59
1,301.62
1,952.01
2,579.80
3,207.59
3,835.38
4,463.17
5,090.61
209.28
209.28
1,311.33
1,962.46
2,586.14
3,209.84
3,833.53
4,457.23
5,080.55
76
2.9193
1.5971
0.8668
0.8668
0.8668
0.8668
0.8668
0
0
5.7339
3.0095
1.8739
1.8739
1.1647
1.1646
1.1647
0
0
3.2041
1.3732
0.5057
0.5057
0.5057
0.5057
0.5057
0
0
3.1058
1.0840
0.3488
0.3488
0.3488
0.3488
0.3488
0
0
3.1058
1.0840
0.3488
0.3488
0.3488
0.3488
0.3488
0
0
3.0613
1.0852
0.3465
0.3465
0.3465
0.3465
0.3465
0
I
I
I
I
I
I
I
I
I
J
J
J
J
J
J
J
J
J
K
K
K
K
K
K
K
K
K
0-39
40-399
400-999
1000-2799
2800-4599
4600-6399
6400-8199
8200-9999
10,000
0-79
80-399
400-999
1000-2799
2800-4599
4600-6399
6400-8199
8200-9999
10,000
0-119
120-399
400-999
1000-2799
2800-4599
4600-6399
6400-8199
8200-9999
10,000
191.34
191.34
1,423.04
2,319.22
3,323.86
4,328.49
5,333.13
6,337.78
7,341.86
745.63
745.63
2,715.93
4,664.21
8,402.07
12,139.92
14,345.86
16,551.81
18,756.53
702.29
702.29
2,315.76
4,240.26
9,617.04
14,993.82
19,094.01
23,194.20
27,292.10
0
3.4214
1.4936
0.5581
0.5581
0.5581
0.5581
0.5581
0
0
6.1572
3.2471
2.0766
2.0766
1.2255
1.2255
1.2255
0
0
5.7624
3.2075
2.9871
2.9871
2.2779
2.2779
2.2779
0
Trials where the number of pages of prosecution evidence exceeds the PPE Cut-off
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—
F = I + (D × i)
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;
77
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
Class of Offence
PPE Range
Initial Fee (£)
A
A
A
A
A
A
A
A
A
A
A
B
B
B
B
B
B
B
B
B
B
B
B
B
C
C
C
C
C
C
C
C
C
C
C
C
D
D
D
D
D
D
D
D
D
0-79
80-209
210-699
700-1049
1050-1999
2000-3599
3600-5199
5200-6799
6800-8399
8400-9999
10,000
0-69
70-199
200-499
500-899
900-1299
1300-1999
2000-3299
3300-4999
5000-5999
6000-7999
8000-8999
9000-9999
10,000
0-39
40-299
300-799
800-1249
1250-1999
2000-3199
3200-4559
4560-5919
5920-7279
7280-8639
8640-9999
10,000
0-79
80-209
210-699
700-1049
1050-1999
2000-3599
3600-5199
5200-6799
6800-8399
1,608.31
1,608.31
3,969.91
10,767.03
14,842.10
24,433.34
39,196.75
53,960.15
68,723.57
83,486.98
98,241.16
1,202.92
1,202.92
3,027.51
6,789.46
11,011.74
14,558.94
19,999.46
30,103.28
43,315.97
51,088.14
66,632.48
74,404.65
82,169.05
810.51
810.51
3,820.87
8,878.62
12,688.32
18,302.39
24,513.74
31,553.29
38,592.83
45,632.37
52,671.91
59,706.30
1,527.89
1,527.89
3,771.41
10,228.68
14,100.00
23,211.67
37,236.90
51,262.14
65,287.39
78
Incremental fee per
page (£)
0
18.1662
13.8717
11.6431
10.0960
9.2271
9.2271
9.2271
9.2271
9.2272
0
0
14.0353
12.5398
10.5557
8.8680
7.7722
7.7722
7.7722
7.7722
7.7722
7.7722
7.7722
0
0
11.5783
10.1155
8.4660
7.4854
5.1761
5.1761
5.1761
5.1761
5.1761
5.1762
0
0
17.2578
13.1781
11.0609
9.5912
8.7658
8.7658
8.7658
8.7658
D
D
E
E
E
E
E
E
E
E
E
E
E
F
F
F
F
F
F
F
F
F
F
F
G
G
G
G
G
G
G
G
G
G
G
H
H
H
H
H
H
H
H
H
H
H
H
I
I
I
I
I
I
8400-9999
10,000
0-39
40-69
70-129
130-599
600-1349
1350-2999
3000-4749
4750-6499
6500-8249
8250-9999
10,000
0-49
50-229
230-699
700-1399
1400-1949
1950-3549
3550-5149
5150-6749
6750-8349
8350-9999
10,000
0-49
50-229
230-699
700-1399
1400-1949
1950-3549
3550-5149
5150-6749
6750-8349
8350-9999
10,000
0-39
40-249
250-619
620-1299
1300-2999
3000-4999
5000-5999
6000-6999
7000-7999
8000-8999
9000-9999
10,000
0-39
40-369
370-799
800-1299
1300-2699
2700-4199
79,312.63
93,329.10
386.54
386.54
699.40
1,263.10
5,533.96
10,007.63
14,326.32
18,906.75
23,487.17
28,067.60
32,645.40
391.89
391.89
1,833.66
5,420.98
9,715.95
12,320.41
16,100.18
19,879.95
23,659.72
27,439.49
31,335.02
391.89
391.89
1,833.66
5,420.98
9,715.95
12,320.41
16,100.18
19,879.95
23,659.72
27,439.49
31,335.02
392.05
392.05
2,370.32
5,268.81
9,226.02
17,077.91
22,060.10
24,551.12
27,042.22
29,533.32
32,024.42
34,513.02
391.72
391.72
3,697.16
7,980.75
12,908.52
23,778.23
79
8.7658
0
0
10.4287
9.3950
9.0869
5.9649
2.6174
2.6174
2.6174
2.6174
2.6174
0
0
8.0098
7.6326
6.1357
4.7354
2.3624
2.3624
2.3624
2.3624
2.3624
0
0
8.0098
7.6326
6.1357
4.7354
2.3624
2.3624
2.3624
2.3624
2.3624
0
0
9.4203
7.8338
5.8194
4.6188
2.4911
2.4910
2.4911
2.4911
2.4911
2.4911
0
0
10.0165
9.9618
9.8555
7.7641
3.3365
I
I
I
I
I
I
J
J
J
J
J
J
J
J
J
J
J
K
K
K
K
K
K
K
K
K
K
K
K
4200-5359
5360-6519
6520-7679
7680-8839
8840-9999
10,000
0-79
80-209
210-699
700-1049
1050-1999
2000-3599
3600-5199
5200-6799
6800-8399
8400-9999
10,000
0-119
120-734
735-1289
1290-2399
2400-4499
4500-7999
8000-8399
8400-8799
8800-9199
9200-9599
9600-9999
10,000
28,783.04
32,653.42
36,523.80
40,394.20
44,264.58
48,131.63
1,608.31
1,608.31
3,969.91
10,767.03
14,842.10
24,433.34
39,196.75
53,960.15
68,723.57
83,486.98
98,241.16
1,130.76
1,130.76
6,965.55
12,267.04
23,060.31
43,403.55
77,308.93
81,183.82
85,058.72
88,933.63
92,808.53
96,673.74
3.3365
3.3365
3.3366
3.3365
3.3365
0
0
18.1662
13.8717
11.6431
10.0960
9.2271
9.2271
9.2271
9.2271
9.2272
0
0
9.4875
9.5522
9.7237
9.6873
9.6873
9.6872
9.6872
9.6873
9.6872
9.6872
0
PART 3
Fixed Fee for Guilty Pleas and Cracked Trials
Scope of Part 3
10. This Part applies 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.
Fixed fee for guilty pleas or cracked trials
11. The fee payable to a litigator in relation to a guilty plea or cracked trial to which this Part
applies is £362 per proceedings.
PART 4
Defendant Uplifts, Retrials and Transfers
Defendant uplifts
12.—(1) The defendant uplift payable to a litigator is calculated in accordance with the table
following this paragraph.
80
(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 litigator
2-4
5+
Percentage uplift to total fee
20%
30%
Retrials and Transfers
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—
81
(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
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(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
Scenario
Percentage of
the total fee
Cracked trial before retrial,
where there is no change of
litigator
Retrial where there is no
change of litigator
Up to and including plea and
case management hearing
transfer (original litigator)
Up to and including plea and
case management hearing
transfer – guilty plea (new
litigator)
Up to and including plea and
case management hearing
transfer – cracked trial (new
litigator)
Up to and including plea and
case management hearing
transfer – trial (new litigator)
Before trial transfer (original
litigator)
Before trial transfer – cracked
trial (new litigator)
Before trial transfer – trial
(new litigator)
During trial transfer (original
litigator)
During trial transfer (new
litigator)
Transfer after trial or guilty
plea and before sentencing
hearing (original litigator)
25%
Case type to be
used to determine
total fee
Cracked trial
25%
Trial
25%
Cracked trial
100%
Guilty plea
100%
Cracked trial
100%
Trial
75%
Cracked trial
100%
Cracked trial
100%
Trial
100%
Trial
50%
Trial
100%
Trial, Cracked trial
or Guilty plea as
appropriate
Transfer after trial or guilty
plea and before sentencing
hearing (new litigator)
10%
Trial
Transfer before retrial
25%
Cracked trial
83
Claim period
Claim up to and including
the day before the transfer
Claim for the full trial
length
Claim for the full trial
length, excluding the
length of the sentencing
hearing
Claim for one day or for
the length of the
sentencing hearing if
longer than one day
(original litigator)
Transfer before cracked
retrial (new litigator)
Transfer before retrial (new
litigator)
Transfer during retrial
(original litigator)
Transfer during retrial (new
litigator)
Transfer after retrial or
cracked retrial and before
sentencing hearing (original
litigator)
Transfer after retrial or
cracked retrial and before
sentencing hearing (new
litigator
50%
Cracked trial
50%
Trial
25%
Trial
50%
Trial
25%
Trial or Cracked
trial as appropriate
10%
Trial
Claim for the full retrial
length
Claim up to and including
the day before the transfer
Claim for the full retrial
length
Claim for the full retrial
length, excluding the
length of the sentencing
hearing
Claim for one day or for
the length of the
sentencing hearing if
longer than one day.
PART 5
Fixed Fees
General provisions
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 hearings
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 sentence
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(a) (variation and discharge of orders
under section 1C);
(a) 1998 c. 37. Section 1CA was inserted by section 140 of the Serious Organised Crime and Police Act 2005 (c. 15).
84
(b) section 155 of the Powers of Criminal Courts (Sentencing) Act 2000(a) (alteration of
Crown Court sentence);
(c) section 74 of the Serious Organised Crime and Police Act 2005(b) (assistance by
defendant: review of sentence).
Fees for contempt proceedings
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 order
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 Fees
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
Types of proceedings
Appeal against sentence from a magistrates’ court
Appeal against conviction from a magistrates’ court
Committal for sentence
Hearing subsequent to sentence
Contempt proceedings (where contempt is alleged to
have been committed by a person other than the
defendant)
Alleged breach of a Crown Court Order
Paragraph
providing for fee
15
15
15
16
17(2)
Fee payable – (£ per
proceedings)
170.21
382.98
255.32
170.21
127.66
18(2)
85.11
Fees for special preparation
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
(a) 2000 c. 6.
(b) 2005 c. 15.
85
(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 proceedings
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(a) 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) S.I. 2005/902 as amended by S.I. 2012/1345.
86
(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.
Defendant uplifts
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 subparagraph (3)(b).
Defendant uplifts
Total number of defendants represented by
litigator
2-4
5+
Percentage uplift to total fee
20%
30%
Warrant for arrest
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(a) (“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
(a) 1976 c. 63.
87
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 subparagraph (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.
PART 6
Miscellaneous
Additional charges
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 trial
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
88
(bb)
any hearing under section 4A of the Criminal Procedure (Insanity) Act
1964(a) (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.
Fees for confiscation proceedings
26.—(1) This paragraph applies to—
(a) proceedings under Part 2 of the Proceeds of Crime Act 2002(b) (confiscation: England
and Wales);
(b) proceedings under section 2 of the Drug Trafficking Act 1994(c) (confiscation orders);
and
(c) proceedings under section 71 of the Criminal Justice Act 1988(d) (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.
(a) 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).
(b) 2002 c. 29.
(c) 1994 c. 37.
(d) 1988 c. 33.
89
Prescribed fee rates
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
Preparation
Attendance at court where
more than one
representative instructed
Travelling and waiting
Grade of fee earner
Senior solicitor
Rate
£53 per
hour
Solicitor, legal
executive or fee earner
of equivalent
experience
Trainee or fee earner
of equivalent
experience
£45 per
hour
Senior solicitor
£42.25
per hour
Solicitor, legal
executive or fee earner
of equivalent
experience
Trainee or fee earner
of equivalent
experience
Senior solicitor
£34.00
per hour
Solicitor, legal
executive or fee earner
of equivalent
experience
Trainee or fee earner
of equivalent
experience
Writing routine letters
and dealing with routine
telephone calls
£29.75
per hour
Variations
£55.75 per hour for a fee earner
whose office is situated within
the City of London or a London
borough
£47.25 per hour for a fee earner
whose office is situated within
the City of London or a London
borough
£34.00 per hour for a fee earner
whose office is situated within
the City of London or a London
borough
£20.50
per hour
£24.75
per hour
£24.75
per hour
£12.50
per hour
£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
Allowing fees at less than the prescribed rates
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 rates
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.
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(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.
SCHEDULE 3
Regulation 6
Proceedings in the Court of Appeal
General Provisions
1.—(1) The provisions of this Schedule apply to proceedings in the Court of Appeal.
(2) In determining fees the appropriate officer must, subject to the provisions of this Schedule—
(a) take into account all the relevant circumstances of the case including the nature,
importance, complexity or difficulty of the work and the time involved; and
(b) allow a reasonable amount in respect of all work actually and reasonably done.
Claims for fees and disbursements by litigators
2.—(1) Subject to regulation 31, no claim by a litigator for fees and disbursements in respect of
work done in proceedings in the Court of Appeal pursuant to a section 16 determination must be
entertained unless the litigator submits it within three months of the conclusion of the proceedings
to which it relates.
(2) Subject to sub-paragraph (3), a claim for fees in proceedings in the Court of Appeal must be
submitted to the appropriate officer in such form and manner as the appropriate officer may direct
and must be accompanied by the representation order and any receipts or other documents in
support of any disbursement claimed.
(3) A claim must—
(a) summarise the items of work done by a fee earner in respect of which fees are claimed
according to the classes specified in paragraph 3(1);
(b) state, where appropriate, the dates on which the items of work were done, the time taken,
the sums claimed and whether the work was done for more than one assisted person;
(c) specify, where appropriate, the level of fee earner who undertook each of the items of
work claimed;
91
(d) give particulars of any work done in relation to more than one indictment or a retrial; and
(e) specify any disbursements claimed, the circumstances in which they were incurred and
the amounts claimed in respect of them.
(4) Where the litigator claims that paragraph 8(1) applies in relation to an item of work, the
litigator must give full particulars in support of the claim.
(5) The litigator must specify any special circumstances which the litigator considers should be
drawn to the attention of the appropriate officer.
(6) The litigator must supply such further information and documents as the appropriate officer
may require.
(7) Where a retrospective section 16 determination has been made under regulations made under
section 19 of the Act in respect of any proceedings where an appellant has been successful on
appeal and granted a defendant’s costs order under section 16(4) of the Prosecution of Offences
Act 1985(a) (defence costs), the litigator must certify that no claim for fees incurred before the
retrospective section 16 determination was made has been or will be made from central funds in
relation to that work.
Determination of litigators’ fees
3.—(1) The appropriate officer may allow work done in the following classes by fee earners—
(a) preparation, including taking instructions, interviewing witnesses, ascertaining the
prosecution case, advising on plea and mode of trial, preparing and perusing documents,
dealing with letters and telephone calls which are not routine, preparing for advocacy,
instructing an advocate and expert witnesses, conferences, consultations, views and work
done in connection with advice on appeal;
(b) advocacy, including applications for bail and other applications to the court;
(c) attending at court where an advocate is assigned, including conferences with the advocate
at court;
(d) travelling and waiting; and
(e) writing routine letters and dealing with routine telephone calls.
(2) The appropriate officer must consider the claim, any further information or documents
submitted by the fee earner under paragraph 2 and any other relevant information and must
allow—
(a) such work as appears to the appropriate officer to have been reasonably done pursuant to
the section 16 determination (including any representation or advice which is deemed to
be work done pursuant to that determination) by a fee earner, classifying such work
according to the classes specified in sub-paragraph (1) as the appropriate officer considers
appropriate; and
(b) such time in each class of work allowed by him (other than routine letters written and
routine telephone calls) as the appropriate officer considers reasonable.
(3) The fees allowed in accordance with this Schedule are those appropriate to such of the
following grades of litigator 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.
Determination of litigators’ disbursements
4. The appropriate officer must allow such disbursements claimed under paragraph 2 as appear
to the appropriate officer to have been reasonably incurred, provided that—
(a) 1985 c. 23.
92
(a) if they are abnormally large by reason of the distance of the court or the assisted person’s
residence or both from the litigator’s place of business, the appropriate officer may limit
reimbursement of the disbursements to what otherwise would, having regard to all the
circumstances, be a reasonable amount; and
(b) the cost of a transcript, or any part thereof, of the proceedings in the court from which the
appeal lies obtained otherwise than through the registrar must not be allowed except
where the appropriate officer considers that it is reasonable in all the circumstances for
such disbursement to be allowed.
Claims for fees by advocates
5.—(1) Subject to regulation 31, a claim by an advocate for fees for work done in proceedings in
the Court of Appeal pursuant to a section 16 determination must not be entertained unless the
advocate submits it within three months of the conclusion of the proceedings to which the section
16 determination relates.
(2) Where the advocate claims that paragraph 9(4) applies in relation to an item of work the
advocate must give full particulars in support of his claim.
(3) Subject to sub-paragraph (4), a claim for fees by an advocate in proceedings in the Court of
Appeal must be submitted to the appropriate officer in such form and manner as the appropriate
officer may direct.
(4) A claim must—
(a) summarise the items of work done by an advocate in respect of which fees are claimed
according to the classes specified in paragraph 6(2);
(b) state, where appropriate, the dates on which the items of work were done, the time taken,
the sums claimed and whether the work was done for more than one assisted person; and
(c) give particulars of any work done in relation to more than one indictment or a retrial.
(5) The advocate must specify any special circumstances which the advocate considers should
be drawn to the attention of the appropriate officer.
(6) The advocate must supply such further information and documents as the appropriate officer
may require.
Determination of advocates’ fees
6.—(1) The appropriate officer must consider the claim, any further particulars and information
submitted by an advocate under paragraph 5 and any other relevant information and must allow
such work as appears to the appropriate officer to have been reasonably done.
(2) The appropriate officer may allow any of the following classes of fee to an advocate in
respect of work allowed by him under this paragraph—
(a) a basic fee for preparation including preparation for a pre-trial review and, where
appropriate, the first day’s hearing including, where they took place on that day, short
conferences, consultations, applications and appearances (including bail applications),
views and any other preparation;
(b) a refresher fee for any day or part of a day during which a hearing continued, including,
where they took place on that day, short conferences, consultations, applications and
appearances (including bail applications), views at the scene of the alleged offence and
any other preparation;
(c) subsidiary fees for—
(i) attendance at conferences, consultations and views at the scene of the alleged offence
not covered by paragraph (a) or (b);
(ii) written advice on evidence, plea or appeal or other written work; and
(iii) attendance at pre-trial reviews, applications and appearances (including bail
applications and adjournments for sentence) not covered by paragraph (a) or (b).
93
(3) Where a section 16 determination provides for representation by—
(a) a single advocate other than a QC; or
(b) two advocates other than QC,
and a QC agrees to appear as the single advocate or as a leading junior, that QC must be treated
for all the purposes of this Schedule as having been instructed pursuant to that section 16
determination, and the remuneration of the QC must be determined as if the advocate were not a
QC.
Litigators’ fees for proceedings in the Court of Appeal
7.—(1) For proceedings in the Court of Appeal the appropriate officer must allow fees for work
by litigators at the following prescribed rates—
Class of work
Preparation
Advocacy
Attendance at court
where more than one
representative
assigned
Travelling and waiting
Grade of fee earner
Senior solicitor
Rate
£53 per hour
Solicitor, legal
executive or fee
earner of equivalent
experience
£45 per hour
Trainee or fee earner
of equivalent
experience
£29.75 per hour
Senior Solicitor
Solicitor
Senior Solicitor
£64 per hour
£56 per hour
£42.25 per hour
Solicitor, legal
executive or fee
earner of equivalent
experience
Trainee or fee earner
of equivalent
experience
Senior Solicitor
Solicitor, legal
executive or fee
earner of equivalent
experience
Trainee or fee earner
of equivalent
experience
£34 per hour
Variations
£55.75 per hour for a
litigator whose office
is situated within the
City of London or a
London borough
£47.25 per hour for a
litigator whose office
is situated within the
City of London or a
London borough
£34 per hour for a
litigator whose office
is situated within the
City of London or a
London borough
£20.50 per hour
£24.75 per hour
£24.75 per hour
£12.50 per hour
Routine letters written
and routine telephone
calls
£3.45 per item
94
£3.60 per item for a
litigator whose office
is situated within the
City of London or a
London borough
(2) In respect of any item of work, the appropriate officer may allow fees at less than the
relevant prescribed rate specified in the table following sub-paragraph (1) where it appears to the
appropriate officer reasonable to do so having regard to the competence and despatch with which
the work was done.
Allowance of litigators’ fees at more than the prescribed rate
8.—(1) Upon a determination of fees the appropriate officer may, subject to the provisions of
this paragraph, allow fees at more than the relevant prescribed rate specified in paragraph 7 for
preparation, advocacy, attendance at court where more than one representative is assigned, 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 in Part 7 of Schedule 1.
(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 Court of
Appeal 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 may 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.
Advocates’ fees for proceedings in the Court of Appeal
9.—(1) Subject to sub-paragraph 9(4), for proceedings in the Court of Appeal the appropriate
officer must allow fees for work by advocates at the following prescribed rates—
Junior Counsel
Types
of
proceedings
All appeals
Basic fee
Full
day
refresher
Subsidiary fees
Attendance at
consultation,
conferences and
views
Written
work
Maximum
amount:
£58.25 per
item
Maximum
amount:
£545 per
case
Maximum
amount:
£178.75 per
day
£33.50 per hour,
minimum
amount: £16.75
Basic fee
Full
day
refresher
Subsidiary fees
QC
Types
of
proceedings
95
Attendance at
pre-trial reviews,
applications and
other
appearances
Maximum
amount: £110 per
appearance
All appeals
Maximum
amount:
£5,400 per
case
Maximum
amount:
£330.50 per
day
Attendance at
consultation,
conferences and
views
Written
work
£62.50 per
hour, minimum
amount: £32
Maximum
amount:
£119.50 per
item
Attendance at
pre-trial reviews,
applications and
other
appearances
Maximum
amount: £257.50
per appearance
(2) Where an hourly rate is specified in the table following sub-paragraph (1), the appropriate
officer must determine any fee for such work in accordance with that hourly rate, provided that the
fee determined must not be less than the minimum amount specified.
(3) Where a refresher fee is claimed in respect of less than a full day, the appropriate officer
must allow such fee as appears to the appropriate officer reasonable having regard to the fee which
would be allowable for a full day.
(4) Where it appears to the appropriate officer, taking into account all the relevant circumstances
of the case, that owing to the exceptional circumstances of the case the amount payable by way of
fees in accordance with the table following sub-paragraph (1) would not provide reasonable
remuneration for some or all of the work the appropriate officer has allowed, the appropriate
officer may allow such amounts as appear to the appropriate officer to be reasonable remuneration
for the relevant work.
Payment of fees
10.—(1) Having determined the fees payable to a representative in accordance with the terms of
this Schedule, the appropriate officer must notify the representative of the fees payable and
authorise payment accordingly.
(2) Where, as a result of any redetermination or appeal made or brought pursuant to paragraph
11, the fees payable under paragraph (1) are altered—
(a) if they are increased, the appropriate officer must authorise payment of the increase; and
(b) if they are decreased, the representative must repay the amount of such decrease.
(3) Where the payment of any fees of the representative is ordered under regulation 29(12) or
regulation 30(8), the appropriate officer must authorise payment.
Redeterminations and appeals
11.—(1) Where a representative is dissatisfied with—
(a) the fees determined in accordance with the provisions of this Schedule; or
(b) the decision of the appropriate officer under paragraph 3(3) of Schedule 1,
he may apply to the appropriate officer to redetermine those fees or reclassify the offence, in
accordance with the provisions of regulation 28(3) to (9).
(2) Where—
(a) a representative has made an application to the appropriate officer under sub-paragraph
(1); and
(b) the appropriate officer has given his reasons for a decision under regulation 28(7),
a representative who is dissatisfied with that decision may appeal to a Costs Judge, in accordance
with the provisions of regulation 29(2) to (14).
(3) A representative who is dissatisfied with the decision of a Costs Judge on an appeal under
sub-paragraph (2) may apply to a Costs Judge to certify a point of principle of general importance,
and the provisions of regulation 30(2) to (8) apply.
96
SCHEDULE 4
Regulation 8
Rates payable for the claims specified in Regulation 8
Interpretation of this Schedule
1. In this Schedule, unless the context otherwise requires, words and expressions have the same
meaning as in the 2010 Standard Crime Contract.
Work conducted at the Police station: Police Station advice and assistance.
2.—(1) The Fixed Fee for Police Station Telephone Advice is—
(a) £31.45 per claim in London; and
(b) £30.25 per claim outside London (“National”).
(2) The Criminal Defence Direct Fixed Acceptance Fee is £8.00 per Matter.
(3) The hourly rates for Police Station attendance (for recording time and to determine whether
the Escape Fee Threshold has been reached) are specified in the table following this subparagraph.
Police Station attendance hourly rates
Own or Duty Solicitor
Duty Solicitor (Unsocial Hours)
Duty Solicitor – serious offence rate
Duty Solicitor – serious offence rate (Unsocial Hours)
Travel and waiting hourly rates
Own Solicitor
Duty Solicitor
Duty Solicitor (Unsocial Hours)
London
National
£56.20
£69.05
£65.00
£80.00
£52.00
£69.05
£60.00
£80.00
£28.80
£56.20
£69.05
£28.80
£52.00
£69.05
(4) The table following sub-paragraph (8) sets out—
(a) the Police Station Attendance Fixed Fees; and
(b) the Escape Fee Thresholds applicable to Police Station attendance.
(5) The figures in columns 3 and 4 of the table following sub-paragraph (8) apply to attendance
at a police station listed as being within the corresponding Scheme referred to in column 2.
(6) Where attendance is at a place where an interviewing Constable is present, and that place is
not a police station listed as being within a Scheme, the relevant Scheme in column 2 is—
(a) the Scheme within which the police station at which the interviewing Constable is
normally based is listed; or
(b) where the interviewing Constable is not normally based at a police station listed as being
within a Scheme, the Scheme within which the police station nearest to the place of
attendance is listed.
(7) Where attendance is at a place where a Services Person is assisting with an investigation by
Services Police, the relevant Scheme in column 2 is the Scheme within which the police station
nearest to the place of attendance is listed.
(8) In sub-paragraphs (5), (6) and (7), “listed” means listed in the table set out in Annex A to the
2010 Standard Crime Contract Guidance for reporting crime lower work(a).
Police Station Attendance – Fixed Fees and Escape Fee Thresholds
(a) A copy of the guidance is available at www.justice.gov.uk/legal-aid/submit-claim/cwa-online-claims/codes-guidance.
Copies can be inspected at the Legal Aid Agency (Head Office), 102 Petty France, London, SW1H 9AJ.
97
Criminal
System Area
Cleveland
Justice
Durham
Northumbria
Avon & Somerset
Dorset
Wiltshire
Gloucestershire
Devon & Cornwall
Staffordshire
Warwickshire
West Mercia
West Midlands
Scheme
Hartlepool
Teesside
Darlington
South Durham
Durham
Derwentside
Easington
South East Northumberland
Newcastle upon Tyne
Gateshead
North Tyneside
South Tyneside
Sunderland / Houghton Le Spring
Berwick & Alnwick
Tynedale & Hexham
Avon North & Thornbury
Bath & Wansdyke
Mendip/Yeovil & South Somerset
Bristol
Sedgemore / Taunton Dane
Weston-Super-Mare
Central Dorset
Bournemouth & Christchurch
Poole East Dorset
Bridport West Dorset / Weymouth &
Dorchester
Salisbury
Chippenham / Trowbridge
Swindon
Cheltenham
Gloucester
Stroud
Barnstaple
Exeter
Plymouth
East Cornwall
Carrick / Kerrier (Camborne) / Penwith
Teignbridge / Torbay
Stoke on Trent / Leek
Stafford / Cannock & Rugeley
Lichfield & Tamworth / Burton Upon
Trent / Uttoxeter
Leamington / Nuneaton / Rugby
Hereford / Leominster
Kidderminster / Redditch
Shrewsbury
Telford
Worcester
Sandwell
Wolverhampton & Seisdon
Dudley & Halesowen
98
Fixed
Fee (£)
144.00
149.00
169.36
167.00
195.00
188.09
183.00
162.55
151.00
156.60
154.00
146.00
163.00
194.00
169.00
195.00
211.91
237.45
175.32
199.00
198.30
200.00
159.15
168.00
160.00
Escape
Fee
Threshold (£)
444.27
457.02
508.08
513.18
607.65
564.27
561.69
487.65
464.67
469.80
472.35
449.37
502.98
597.45
520.86
615.33
635.73
712.35
525.96
674.04
594.90
600.00
477.45
515.73
480.00
191.00
205.96
188.00
173.00
170.00
195.00
190.64
169.36
196.60
218.00
195.00
178.82
195.00
195.00
189.00
587.22
617.88
579.57
533.61
523.41
600.00
571.92
508.08
589.80
740.43
617.88
536.16
617.88
600.00
582.12
195.74
170.21
217.87
182.00
189.00
198.30
193.00
193.00
189.79
587.22
510.63
653.61
559.14
582.12
594.90
592.35
592.35
569.37
Dyfed Powys
Gwent
North Wales
South Wales
Merseyside
Cheshire
Cumbria
Greater Manchester
Walsall
Birmingham
Solihull
Coventry
Amman Valley
Carmarthen East Dyfed
Llanelli
Brecon & Radnor
Mid Wales
North Ceredigion / South Ceredigion
Pembrokeshire
East Gwent
Newport
Lower Rhymney Valley / North
Bedwellty/ South Bedwellty
Bangor & Caernarfon
Colwyn Bay
Denbighshire
Dolgellau
Mold & Hawarden
North Anglesey
Pwllheli
Wrexham
Cardiff
Vale of Glamorgan
Cynon Valley
Mid Glamorgan & Miskin
Merthyr Tydfil
Port Talbot
Newcastle & Ogmore
Neath
Swansea
Bootle & Crosby
Southport
Liverpool
St Helens
Knowsley
Wirral
Crewe & Nantwich / Sandbach &
Congleton / Macclesfield
Warrington / Halton
Chester / Vale Royal (Northwich)
Barrow in Furness
Kendal & Windermere
Penrith / Carlisle
Whitehaven / Workington
Manchester
Stockport
Trafford
Salford
Bolton
Bury
Wigan
99
195.00
195.00
205.11
168.51
195.00
221.28
152.00
222.98
170.21
223.83
183.00
186.00
183.00
195.00
602.55
620.43
615.33
505.53
625.53
663.84
467.22
668.94
510.63
671.49
564.27
571.92
561.69
610.20
207.66
190.00
206.81
206.81
195.00
216.17
146.38
177.02
195.00
228.09
195.00
195.00
195.00
240.00
195.00
198.00
188.00
178.00
148.94
196.60
168.00
181.00
173.00
193.00
622.98
584.67
620.43
620.43
607.65
648.51
439.14
531.06
643.41
684.27
617.88
643.41
638.31
811.92
653.61
671.49
579.57
546.39
446.82
589.80
518.31
556.59
531.06
592.35
169.36
176.17
168.51
200.85
189.79
157.45
195.00
183.83
195.00
195.00
180.43
175.32
186.38
508.08
528.51
505.53
602.55
569.37
472.35
643.41
551.49
612.78
625.53
541.29
525.96
559.14
Lancashire
Kent
Surrey
Sussex
Derbyshire
Leicestershire
Lincolnshire
Nottinghamshire
Northamptonshire
Bedfordshire
Cambridgeshire
Rochdale / Middleton
Tameside
Oldham
Burnley / Rossendale
Blackburn / Accrington / Ribble Valley
Blackpool
Fleetwood
Lancaster
Chorley / Ormskirk / South Ribble &
Leyland
Preston
Dartford & Gravesend
Ashford & Tenterden / Dover /
Folkestone
Medway
Swale
Maidstone & West Malling
Canterbury / Thanet
West Kent (Tonbridge)
Guildford & Farnham
North West Surrey (Woking)
South East Surrey
Epsom
Staines
Brighton & Hove & Lewes
Chichester & District
Crawley / Horsham
Hastings
Worthing
Eastbourne
East Derbyshire (Ripley) / Ilkeston
Ashbourne / Matlock / High Peak
(Buxton)
Chesterfield
Derby / Swadlincote
Ashby & Coalville / Loughborough /
Melton Mowbray
Leicester
Hinckley / Market Harborough
Boston, Bourne, Stamford
Skegness
Lincoln / Gainsborough
Grantham & Sleaford
Mansfield
Newark
Nottingham
Worksop & East Retford
Corby (Kettering) / Wellingborough
Northampton
Bedford
Luton
Cambridge
Ely
100
185.53
171.00
150.64
177.87
195.00
138.72
142.13
174.47
191.49
556.59
525.96
451.92
533.61
635.73
416.16
426.39
523.41
574.47
156.60
255.32
225.00
469.80
765.96
763.41
224.68
266.38
237.45
195.00
228.09
197.00
215.00
227.00
230.00
264.00
201.00
178.00
250.21
156.00
180.00
189.79
226.38
208.51
674.04
799.14
712.35
661.29
684.27
668.94
730.20
771.06
781.29
893.61
681.69
546.39
750.63
480.00
554.04
569.37
679.14
625.53
194.89
195.00
199.15
584.67
625.53
597.45
195.00
221.28
190.00
171.06
177.02
175.00
176.00
197.45
196.60
187.00
172.77
187.23
184.00
195.00
178.00
195.00
605.10
663.84
584.67
513.18
531.06
538.71
541.29
592.35
589.80
574.47
518.31
561.69
566.82
658.71
548.94
630.63
Essex
Hertfordshire
Norfolk
Suffolk
Thames Valley
Hampshire
Humberside
Huntingdon
March & Wisbech
Peterborough
Basildon
Brentwood
Braintree
Clacton & Harwich / Colchester
Grays
Harlow & Loughton
Stansted
Rayleigh / Southend on Sea
Chelmsford / Witham
Dacorum (Hemel Hempstead)
Bishop’s Stortford / East Hertfordshire
Stevenage & North Hertfordshire
St. Albans
Watford
Cromer & North Walsham
Great Yarmouth
Kings Lynn & West Norfolk
Norwich & District
Diss / Thetford
Dereham
Lowestoft / Beccles & Halesworth /
Aldeburgh
Felixstowe / Ipswich & District /
Woodbridge
Sudbury & Hadleigh / Bury St.
Edmunds / Haverhill / Newmarket
Abingdon, Didcot & Witney (South
Oxfordshire)
Aylesbury
High Wycombe & Amersham
Milton Keynes
Bicester / North Oxon (Banbury)
Oxford
Reading
Slough (East Berkshire)
West Berkshire (Newbury etc.)
Aldershot / Petersfield (North East
Hampshire)
Andover / Basingstoke / Winchester
(North West Hampshire)
Isle of Wight
Portsmouth / Waterlooville (South East
Hampshire)
Gosport & Fareham
Southampton (South West Hampshire)
Grimsby & Cleethorpes
Scunthorpe
Hull
Beverley / Bridlington
Goole
101
189.79
188.09
156.60
195.00
273.00
218.00
195.00
255.00
255.00
282.00
182.98
193.00
230.00
279.00
259.00
235.00
231.00
202.00
184.68
180.43
185.53
192.00
217.00
185.53
569.37
564.27
469.80
602.55
926.82
737.88
617.88
865.53
865.53
957.45
548.94
594.90
778.71
947.22
878.31
769.59
783.84
684.27
554.04
541.29
556.59
589.80
735.33
556.59
188.94
566.82
195.00
605.10
229.00
776.16
217.87
209.00
181.00
213.00
213.00
206.81
229.00
191.49
219.00
653.61
709.80
556.59
722.55
722.55
620.43
776.16
574.47
742.98
230.64
691.92
188.09
193.19
564.27
579.57
235.74
217.87
147.23
158.00
168.00
195.00
200.00
707.22
653.61
441.69
487.65
515.73
643.41
676.59
North Yorkshire
South Yorkshire
West Yorkshire
London
Northallerton & Richmond
Harrogate & Ripon
Skipton, Settle & Ingleton
Scarborough / Whitby
Malton & Rydale
York / Selby
Barnsley
Doncaster
Rotherham
Sheffield
Halifax
Huddersfield
Dewsbury
Bradford
Keighley & Bingley
Leeds
Pontefract & Castleford
Wakefield
Barking
Bexley
Bishopsgate
Brent
Brentford
Bromley
Camberwell Green
Central London
Clerkenwell / Hampstead
Croydon
Ealing
Enfield
Greenwich / Woolwich
Haringey
Harrow
Havering
Heathrow
Hendon / Barnet
Highbury Corner
Kingston-Upon-Thames
Newham
Old Street
Redbridge
Richmond-Upon-Thames
South London
Sutton
Thames
Tower Bridge
Uxbridge
Waltham Forest
West London
Wimbledon
102
210.21
201.70
195.00
167.00
160.85
175.00
174.00
168.00
178.00
183.00
190.64
160.85
174.47
149.00
168.00
158.00
154.89
153.00
246.00
220.00
257.00
240.00
244.00
232.00
240.00
260.00
243.00
237.00
252.00
239.00
229.00
247.00
240.00
224.00
301.00
242.00
252.00
250.00
241.00
240.00
247.00
264.00
252.00
239.00
239.00
255.00
231.00
224.00
258.00
245.00
630.63
605.10
600.00
513.18
482.55
538.71
536.16
515.73
548.94
564.27
571.92
482.55
523.41
459.57
515.73
485.10
464.67
469.80
834.90
745.53
870.63
811.92
827.22
786.39
814.47
880.86
822.12
801.69
855.53
809.37
776.16
837.45
814.47
758.31
1,021.29
819.57
852.78
847.65
817.02
814.47
837.45
893.61
852.78
809.37
809.37
865.53
783.84
760.86
875.73
829.80
Work conducted outside the Police Station
3.—(1) The fixed amounts and hourly rates for free standing Advice and Assistance conducted
outside the Police Station are specified in the table following this sub-paragraph and this Unit of
Work is subject to an Upper Limit of £300.
Free standing Advice and Assistance
Routine letters written and
routine telephone calls per
item
Preparation hourly rate
Travel and waiting hourly rate
London (£)
3.85
National (£)
3.70
49.70
26.30
46.90
26.30
(2) The fixed amounts and hourly rates for Advocacy Assistance on a warrant of further
detention are specified in Tables A and B following this sub-paragraph and this Unit of Work is
subject to an Upper Limit of £1,500.
Table A
Advocacy Assistance on a warrant of further detention – Magistrates’ Court or judicial
authority
London (£) National (£)
Routine letters written and telephone calls (per item)
Own Solicitor and Duty Solicitor 3.85
3.70
Duty Solicitor (Unsocial Hours) 5.10
4.90
Preparation hourly rate
Own Solicitor and Duty Solicitor 49.70
46.90
Duty Solicitor (Unsocial Hours) 66.30
62.50
Advocacy hourly rate
Own Solicitor and Duty Solicitor 59.00
59.00
Duty Solicitor (Unsocial Hours) 78.65
78.65
Travelling and waiting hourly rate
Own Solicitor and Duty Solicitor 26.30
26.30
Duty Solicitor (Unsocial Hours) 35.05
35.05
Table B
Advocacy Assistance on a warrant of further detention – High Court or a senior judge
Routine letter out per item
Routine telephone calls per item
All other preparation work, hourly rate
Attending counsel in conference or at the trial or hearing of any summons
or application at court or other appointment, hourly rate
Attending without counsel at the trial or hearing of any cause or the
hearing of any summons or application at court, or other appointment,
hourly rate
Travelling and waiting, hourly rate
London
(£)
7.50
4.15
79.50
37.00
National
(£)
7.50
4.15
75.00
37.00
75.00
75.00
33.25
33.25
(3) The fixed amounts and hourly rates for Advocacy Assistance in armed forces custody
hearings are specified in the table following this sub-paragraph and this Unit of Work is subject to
an Upper Limit of £1,500.
103
Advocacy Assistance for armed forces custody hearings
London (£) National (£)
Routine letters written and telephone calls (per item)
Own Solicitor and Duty Solicitor 3.85
3.70
Duty Solicitor (Unsocial Hours) 5.10
4.90
Preparation hourly rate
Own Solicitor and Duty Solicitor 49.70
46.90
Duty Solicitor (Unsocial Hours) 66.30
62.50
Advocacy hourly rate
Own Solicitor and Duty Solicitor 59.00
59.00
Duty Solicitor (Unsocial Hours) 78.65
78.65
Travelling and waiting hourly rate
Own Solicitor and Duty Solicitor 26.30
26.30
Duty Solicitor (Unsocial Hours) 35.05
35.05
(4) The fixed amounts and hourly rates for Advocacy Assistance in the magistrates’ court in
connection with an application to vary police bail conditions are specified in the table following
this sub-paragraph and this Unit of Work is subject to an Upper Limit of £1,500.
Advocacy Assistance in the magistrates’ court in connection with an application to vary
police bail conditions
London (£)
Routine letters written and telephone calls per item 4.05
Preparation hourly rate
52.55
Advocacy hourly rate
62.35
Travelling and waiting hourly rate
26.30
National (£)
3.90
49.70
62.35
26.30
Advice and Assistance and Advocacy Assistance by a court Duty Solicitor and Advocacy
Assistance at the virtual court
4.—(1) The hourly rates for Advice and Assistance and Advocacy Assistance by a court Duty
Solicitor are specified in the table following this sub-paragraph.
Advice and Assistance and Advocacy Assistance by a court Duty Solicitor
Standard hourly rate (attendance and waiting at a magistrates’ court)
Enhanced hourly rate (only payable in respect of work done on a day
which is not a Business Day)
Travelling hourly rate (only payable where the Duty Solicitor is called out
(including being called to return) to the court from the Office or attends on
a day that is not a Business Day. Reasonable travel expenses may also be
claimed (where relevant)).
London
(£)
55.15
68.90
National
(£)
53.85
67.30
26.30
26.30
(2) The Fixed Fees for Advocacy Assistance at the Virtual Court are specified in the table
following this sub-paragraph.
Advocacy Assistance at the Virtual Court
Virtual Court Fixed Fee where the hearing is held during normal
working hours
Virtual Court Fixed Fee where the hearing is held during Unsocial
104
London
(£)
200
National
(£)
150
240
180
hours
Representation in the Magistrates’ Court
5.—(1) The fixed amounts and hourly rates for—
(a) recording time and to determine whether the Lower or Higher Standard Fee Limit has
been reached; and
(b) claiming costs in cases which fall outside the Standard Fee payment scheme,
are specified in the table following this sub-paragraph.
Representation in a magistrates’ court
Routine letters written and telephone calls per item
Preparation hourly rate
Advocacy hourly rate (including applications for bail and other applications to the
court)
Hourly rate for attendance at court where Counsel is assigned (including conferences
with Counsel at court)
Travelling and waiting hourly rate (only claimable where the undesignated area fees
apply)
All
Areas
£3.90
£49.70
£62.35
£34.00
£26.30
(2) The table following this sub-paragraph sets out the fees and fee limits for the Standard Fee
payment scheme for representation in a magistrates’ court.
Higher and Lower Standard Fees Table
Lower Standard
Fee (£)
Designated Area Standard Fees
Category 1A
272.56
Category 1B
221.59
Category 2
378.46
Category 3
357.87
Undesignated Area Standard Fees
Category 1A
213.35
Category 1B
173.45
Category 2
306.25
Category 3
276.50
Lower Standard
Fee Limit (£)
Higher Standard Higher Standard
Fee (£)
Fee Limit (£)
298.45
298.45
512.70
452.20
517.05
477.41
792.71
734.56
517.10
517.10
854.40
789.50
298.45
298.45
512.70
452.20
451.84
417.20
702.40
626.50
517.10
517.10
854.40
789.50
(3) In the table following sub-paragraph (2)—
(a) the reference to “Category 1A” cases is a reference to the following proceedings—
(i) either way guilty pleas;
(ii) indictable only cases heard in the Youth Court;
(iii) proceedings (other than committal proceedings) relating to either way offences
which are discontinued or withdrawn or where the prosecution offer no evidence;
and
(iv) proceedings (other than committal proceedings) relating to either way offences
which result in a bind over;
(b) the reference to “Category 1B” cases is a reference to the following proceedings—
(i) summary only guilty pleas;
105
(ii) uncontested proceedings arising out of a breach of an order of a magistrates’ courts
(including proceedings in a magistrates’ court relating to a breach of a Crown Court
community rehabilitation order, community punishment order or suspended
sentence);
(iii) proceedings (other than committal proceedings) relating to summary offences which
are discontinued or withdrawn or where the prosecution offer no evidence;
(iv) proceedings (other than committal proceedings) relating to summary offences which
result in a bind over;
(v) proceedings arising out of a deferment of sentence (including any subsequent
sentence hearing) under section 1 of the Powers of Criminal Courts (Sentencing) Act
2000(a);
(vi) proceedings prescribed under regulation 9 of the Criminal Legal Aid (General)
Regulations 2013(b), except where the case was listed and fully prepared for a
contested hearing to decide whether an order should be made; and
(vii) proceedings relating to either way offences which must be tried in a magistrates’
court in accordance with section 22 of the Magistrates’ Courts Act 1980(c);
(c) the reference to “Category 2” cases is a reference to—
(i) contested trials;
(ii) proceedings which were listed and fully prepared for trial in a magistrates’ court but
are disposed of by a guilty plea on the day of trial before the opening of the
prosecution case;
(iii) proceedings which were listed and fully prepared for trial in a magistrates’ court but
are discontinued or withdrawn or where the prosecution offers no evidence or which
result in a bind over on the day of trial before the opening of the prosecution case;
(iv) contested proceedings relating to a breach of an order of a magistrates’ court
(including proceedings relating to a breach of a Crown Court community
rehabilitation order, community punishment order or suspended sentence);
(v) proceedings where mixed pleas are entered; and
(vi) proceedings prescribed under regulation 9 of the Criminal Legal Aid (General)
Regulations 2013 where the case was listed and fully prepared for a contested
hearing to decide whether an order should be made; and
(d) the reference to “Category 3” cases is a reference to committal proceedings which are
discontinued or withdrawn.
(4) The fees payable to Assigned Counsel for representation in a magistrates’ court are subject
to the limits specified in the table following paragraph 12.
(5) In this paragraph “committal proceedings” means proceedings in a magistrates’ court up to
and including a hearing at which an assisted person is committed to the Crown Court for trial
under section 6(1) or (2) of the Magistrates’ Courts Act 1980(d).
Own client work
6.—(1) The fixed amounts and hourly rates for Pre-Order Cover, Early Cover and means test
form completion are specified in the table following this paragraph.
(2) The amount payable for Pre-Order cover is subject to an Upper Limit of—
(a) £52.55 per claim in London; and
(b) £49.70 per claim outside London (“National”).
(a)
(b)
(c)
(d)
2000 c. 6.
S.I. 2013/9.
1980 c. 43.
1980 c. 43.
106
(3) The Fixed Fee for Early Cover is £75.
(4) The refused means test completion fee is £25.
Own client work
Routine letters written and telephone calls per item
Preparation hourly rate
Advocacy (including applications for bail and other applications to the
court) hourly rate
Travelling and waiting hourly rate (only applicable where the
Undesignated Area fees apply)
London
(£)
4.05
52.55
62.35
National
(£)
3.90
49.70
62.35
N/A
26.30
Representation in proceedings prescribed as criminal proceedings under section 14(h) of the
Act
7.—(1) The fixed amounts and hourly rates for representation in the Crown Court in
proceedings prescribed as criminal proceedings under section 14(h) of the Act (other than an
appeal from a magistrates’ court) are specified in the table following this sub-paragraph and this
Unit of Work is subject to an Upper Limit of £1,500.
Representation in Prescribed Proceedings in a Magistrates’ Court
London (£)
Routine letters written and telephone calls per item 4.05
Preparation hourly rate
52.55
Advocacy hourly rate
62.35
Travelling and waiting hourly rate
26.30
National (£)
3.90
49.70
62.35
26.30
(2) The fixed amounts and hourly rates for representation in the High Court or a county court in
proceedings prescribed as criminal proceedings under section 14(h) of the Act are specified in the
table following this sub-paragraph.
Representation in Prescribed Proceedings in the High Court or a county court
Routine letters out per item
Routine telephone calls per item
All other preparation work hourly rate
Attending counsel in conference or at the trial or
hearing of any summons or application at court or
other appointment – hourly rate
Attending without counsel at the trial or hearing of
any cause or the hearing of any summons or other
application at court or other appointment – hourly
rate
Travelling and waiting hourly rate
London (£)
7.50
4.15
75.00 (79.50 where
Provider’s office is
in London)
37.00
National (£)
6.60
3.65
66.00 (70.00 where
Provider’s office is
in London)
32.50
75.00
66.00
33.25
29.20
(3) The fees payable to Assigned Counsel for representation in the High Court or a county court
in proceedings prescribed as criminal proceedings under section 14(h) of the Act are subject to the
limits specified in the table following paragraph 12.
107
Advice and Assistance on an appeal against conviction or sentence or an application to the
Criminal Cases Review Commission
8. The fixed amounts and hourly rates for Advice and Assistance on an appeal against
conviction or sentence pursuant to a determination made under section 15 of the Act (except
where there is a subsisting section 16 determination) or an application to the Criminal Cases
Review Commission are specified in the table following this paragraph and are subject to an
Upper Limit of—
(a) £300 for Advice and Assistance on appeals against conviction or sentence; and
(b) £500 for Advice and Assistance on an application to the Criminal Cases Review
Commission.
Advice and Assistance an appeal against conviction or sentence or application to the
Criminal Cases Review Commission
Routine letters written and
routine telephone calls per
item
Preparation hourly rate
Travel and waiting hourly rate
London (£)
3.85
National (£)
3.70
49.70
26.30
46.90
26.30
Representation on an appeal by way of case stated
9.—(1) The fixed amounts and hourly rates for representation on an appeal by way of case
stated are specified in the table following this sub-paragraph.
Representation on an appeal by way of case stated in the High Court
Routine letters out per item
Routine telephone calls per item
All other preparation work – hourly rate
Attending counsel in conference or at the trial or hearing of any
summons or application at court or other appointment – hourly rate
Attending without counsel at the trial or hearing of any cause or the
hearing of any summons or other application at court or other
appointment – hourly rate
Travelling and waiting hourly rate
High Court (£)
7.50
4.15
75.00 (79.50 where the
Provider’s office is in
London)
37.00
75.00
33.25
(2) The fees payable to Assigned Counsel for representation in the High Court on an appeal by
way of case stated are subject to the limits specified in the table following paragraph 12.
Representation in the Crown Court on an appeal from a magistrates’ court in proceedings
prescribed as criminal proceedings under section 14(h) of the Act
10. The fixed amounts and hourly rates for representation in the Crown Court pursuant to a
section 16 determination on an appeal from a magistrates’ court in proceedings prescribed as
criminal proceedings under section 14(h) of the Act are specified in the table following this
paragraph, and this Unit of Work is subject to an Upper Limit of £1,500
London (£)
Routine letters written and telephone calls per item 4.05
Preparation hourly rate
52.55
Advocacy hourly rate
62.35
108
National (£)
3.90
49.70
62.35
Travelling and waiting hourly rate
26.30
26.30
Advice and Assistance provided pursuant to a determination made under section 15 of the
Act in Prison Law cases
11.—(1) The Fixed Fee for Advice and Assistance in Treatment Cases, Sentence Cases,
Disciplinary Cases and Parole Board Cases is £220 and the Escape Fee Threshold is £660.
(2) The fixed amounts and hourly rates for recording time and to determine whether the Escape
Fee Threshold has been reached are specified in the table following this sub-paragraph.
Hourly rates for determining whether Escape Fee Threshold reached
Routine letters written and routine telephone calls per item
Preparation hourly rate
Travel and waiting hourly rate
All areas (£)
3.70
46.90
26.30
(3) The fixed amounts and hourly rates for Advocacy Assistance in Disciplinary Cases, for
recording time and to determine whether the Lower or Higher Standard Fee is claimable or
whether the case is claimable on an non-Standard Fee basis, are specified in the tables following
this sub-paragraph.
Hourly rates in Disciplinary Cases for determining application of Standard Fees
Routine letters written and routine telephone calls per item
Preparation hourly rate
Advocacy hourly rate
Travel and waiting hourly rate
All areas (£)
4.05
56.15
68.25
26.30
Higher and Lower Standard Fees Table for Disciplinary Cases
Lower Standard Fee
(£)
223.48
Lower Standard Fee
Limit (£)
391.30
Higher Standard Fee
(£)
618.26
Higher Standard Fee
Limit (£)
1,853.91
(4) The fixed amounts and hourly rates for Advocacy Assistance in Parole Board Cases, for
recording time and to determine whether the Lower or Higher Standard Fee is claimable or
whether the case is claimable on an non-Standard Fee basis, are specified in the tables following
this sub-paragraph.
Hourly rates in Parole Board Cases for determining application of Standard Fees
Routine letters written and routine telephone calls per item
Preparation hourly rate
Advocacy hourly rate
Travel and waiting hourly rate
All areas (£)
4.05
56.15
68.25
26.30
Higher and Lower Standard Fees Table for Parole Board Cases
Lower Standard Fee
(£)
479.13
Lower Standard Fee
Limit (£)
1,023.48
Higher Standard Fee
(£)
1,593.91
Higher Standard Fee
Limit (£)
4,780.87
Payment for Assigned Counsel
12.—(1) This paragraph applies to the fees payable to Assigned Counsel for—
109
(a) representation in a magistrates’ court;
(b) representation in the High Court or a county court in proceedings prescribed as criminal
proceedings under section 14(h) of the Act; and
(c) representation in the High Court on an appeal by way of case stated.
(2) The fees payable to Assigned Counsel are subject to the limits specified in the table
following this paragraph.
Payment for Assigned Counsel
Basic fee for preparation, including for a pre-trial review and,
where appropriate, the first day’s hearing including, where
they took place on that day, short conferences, consultations,
applications and appearances (including bail applications,
views and any other preparation).
Refresher daily fee (for any day or part of a day during which
a hearing continued, including, where they took place on that
day, short conferences, consultations, applications and
appearances (including bail applications, views and any other
preparation).
Subsidiary fees:
Attendance at consultations, conferences and views not
covered by the basic fee or the refresher fee.
Written work (on evidence, plea, appeal, case stated or other
written work).
Attendance at pre-trial reviews, applications and other
appearances (including bail applications and adjournments
for sentence) not covered by the basic fee or the refresher fee.
Junior Counsel
(£)
maximum
amount: 468.00
Queen’s
Counsel (£)
maximum
amount:
4,446.00
maximum
amount: 162.00
maximum
amount: 297.00
29.25 per hour
– minimum
amount: 14.50
maximum
amount: 51.25
maximum
amount: 94.00
54.50 per hour
– minimum
amount 28.00
maximum
amount: 105.00
maximum
amount: 205.00
SCHEDULE 5
Regulation 16
Experts’ Fees and Rates
Expert
A&E consultant
Accident reconstruction
Accountant
Anaesthetist
Architect
Back calculations
Benefit expert
Cardiologist
Cell telephone site
analysis
Child psychiatrist
Child psychologist
Computer expert
Consultant engineer
Non-London
Hourly Rate
Fixed Fee (£)
126
90
50-144
135
99
180 fixed fee
90
144
90
London Hourly Comments
Rate or Fixed
Fee (£)
135
68
50-144
Partner £144; Manager
£108; Accountant £80;
General staff £50.
90
90
189 fixed fee
90
90
90
135
126
90
90
90
90
90
68
or
110
Dentist
Dermatologist
Disability consultant
DNA (per person) testing of sample
DNA (per person) –
preparation of report
Doctor (GP)
Drug expert
Employment consultant
Enquiry agent
ENT surgeon
Facial mapping
Fingerprint expert
Fire investigation
Firearm expert
Forensic scientist
General surgeon
Geneticist
GP (records report)
Gynaecologist
Haematologist
Handwriting expert
Interpreter
Lip reader / Signer
Mediator
Medical consultant
Medical microbiologist
Medical report
Meteorologist
Midwife
Neonatologist
Neurologist
Neuropsychiatrist
Neuroradiologist
Neurosurgeon
Nursing expert
Obstetrician
Occupational therapist
Oncologist
Orthopaedic surgeon
Paediatrician
Pathologist
Pharmacologist
Photographer
Physiotherapist
Plastic surgeon
Process server
Psychiatrist
Psychologist
Radiologist
Rheumatologist
Risk assessment expert
117
108
68
315 per test
90
90
68
315 per test
90
90
99
90
68
32
126
135
90
90
90
113
135
108
63 fixed fee
135
122
90
32
72
126
135
135
99
126
90
135
153
158
171
171
81
135
68
140
144
135
153
122
32
81
135
32
135
117
135
135
63
90
90
68
23
90
90
47
68
90
90
90
90
90 fixed fee
90
90
90
25
41
126
90
90
90
180 fixed fee
90
90
90
90
90
90
81
90
68
90
90
90
540 fixed fee
90
23
81
90
23
90
90
90
90
63
111
Speech therapist
Surgeon
Surveyor
Telecoms expert
Toxicologist
Urologist
Vet
Voice recognition
99
135
50
90
135
135
90
117
90
90
50
90
90
90
90
90
112
EXPLANATORY NOTE
(This note is not part of the Regulations)
These Regulations make provisions for the funding and remuneration of advice, assistance and
representation made available under sections 13, 15 and 16 of the Legal Aid Sentencing and
Punishment of Offenders Act 2012.
Regulations 4 to 27 deal with the manner in which fees are to be claimed, determined and paid
including provisions permitting interim payments and payments for expert services.
Regulations 28 to 30 provide for an appeal mechanism to challenge, in certain circumstances, the
appropriate officer’s determination of the fees payable to a representative. The provisions deal
with the redetermination of fees by an appropriate officer, appeals from the appropriate officer to a
Costs Judge and appeals from the Costs Judge to the High Court.
Schedule 1 sets out the graduated fees and fixed fees payable to advocates for proceedings in the
Crown Court.
Schedule 2 sets out the fees payable to solicitors (and other appropriately qualified persons) for
proceedings in the Crown Court.
Schedule 3 sets out the manner in which fees are to be claimed, determined and paid in
proceedings in the Court of Appeal.
Schedule 4 sets out the rates payable for proceedings in a magistrates’ court and certain other
work to which the 2010 Standard Crime Contract applies.
Schedule 5 sets out the fees and rates payable to experts.
A copy of the 2010 Standard Crime Contract, including the Specification to the Contract, is
available at www.justice.gov.uk/legal-aid. Copies can be inspected at the Legal Aid Agency (Head
Office), 102 Petty France, London, SW1H 9AJ.
A copy of the Guidance accompanying the 2010 Standard Crime Contract is available at
www.justice.gov.uk/legal-aid/submit-claim/cwa-online-claims/codes-guidance. Copies can be
inspected at the Legal Aid Agency (address as above).
____________________________________________________________________________________________________________
¤ Crown copyright 2013
Printed and published in the UK by The Stationery Office Limited under the authority and superintendence of Carol Tullo, Controller
of Her Majesty’s Stationery Office and Queen’s Printer of Acts of Parliament.
113
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Published by TSO (The Stationery Office) and available from:
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The Criminal Legal Aid (Remuneration) Regulations 2013