The Criminal Defence Service (Funding) (Amendment No. 2) Order 2008
S.I. 2008/2930 · Made 11 November 2008
Legal Services Commission, England And Wales
Made 11th November 2008
Laid before Parliament 12th November 2008
Coming into force 13th November 2008
The Lord Chancellor makes this Order in exercise of the powers conferred by section 14(3) of the Access to Justice Act 1999f1.
He has had regard to the matters specified in section 25(3) of that Act and has consulted the General Council of the Bar and the Law Society in accordance with section 25(2) of that Act.
Annotations to the whole text
Footnotes
- f1
-
1999 c.22. The powers were conferred on the Lord Chancellor by that Act, transferred to the Secretary of State for Constitutional Affairs by the Secretary of State for Constitutional Affairs Order 2003 (S.I. 2003/1887) and transferred back to the Lord Chancellor by the Transfer of Functions (Lord Chancellor and Secretary of State) Order 2005 (S.I. 2005/3429).
Contents
- 1Citation, commencement and application
- 2Amendments to the Criminal Defence Service (Funding) Order 2007
- 3Amendments to the Criminal Defence Service (Funding) Order 2007
- 4Amendments to the Criminal Defence Service (Funding) Order 2007
- Signature
- Explanatory note
1Citation, commencement and application
This Order may be cited as the Criminal Defence Service (Funding) (Amendment No. 2) Order 2008 and comes into force on 13th November 2008.
This Order applies where work is undertaken on or after 13th November 2008 by an advocate to whom paragraph 25 of Schedule 2 to the Criminal Defence Service (Funding) Order 2007f1 applies.
2Amendments to the Criminal Defence Service (Funding) Order 2007
The Criminal Defence Service (Funding) Order 2007 is amended as follows.
3Amendments to the Criminal Defence Service (Funding) Order 2007
For paragraph 25(3) of Schedule 2 substitute—
“(3)Where such a claim is made, the Commission—
(a)must pay the litigator at rates no higher than the rates set out in the tables following this paragraph; and
(b)where it considers that there are exceptional circumstances, may pay the litigator such fees as it considers reasonable and has agreed in advance with the litigator in respect of–
(i)travelling (in excess of four hours in one day);
(ii)accommodation; and
(iii)subsistence, up to a maximum of £20 per day.”.
4Amendments to the Criminal Defence Service (Funding) Order 2007
For the first two tables following paragraph 25 of Schedule 2 substitute—
“
Preparation (hourly rates) Category 1
£
Category 2
£
Category 3
£
Category 4
£
Counsel QC 152.50 119.00 95.50 95.50 Leading junior 133.00 104.50 83.50 83.50 Led junior 95.50 76.00 65.00 65.00 Junior alone 104.50 85.50 74.00 74.00 2nd led junior 67.00 53.00 46.00 46.00 Solicitor-advocate Leading level A 152.50 119.00 95.50 95.50 Led level A 133.00 104.50 83.50 83.50 Leading level B 133.00 104.50 83.50 83.50 Led level B 110.00 90.50 69.00 69.00 Level A alone 138.00 115.00 93.50 93.50 Level B alone 116.00 99.50 78.50 78.50 Second
advocate
67.00 53.00 46.00 46.00
Advocacy Preliminary hearing
£
Half day
£
Full day
£
QC 119.00 250.00 500.00 Leading junior 90.50 205.25 410.50 Led junior 61.00 132.75 265.50 Junior alone 70.00 150.00 300.00 Second led junior 35.50 67.50 135.00 Noter 30.50 57.50 115.00 ”
Signature
Signed by authority of the Lord Chancellor
Bach
Parliamentary Under Secretary of State
Ministry of Justice
11th November 2008
Explanatory note
(This note is not part of the Order)
This Order amends the Criminal Defence Service (Funding) Order 2007 (S.I. 2007/1174), which provides for the funding and remuneration of services provided under Part 1 of the Access to Justice Act 1999 as part of the Criminal Defence Service. It increases the maximum payments which the Legal Services Commission may make in very high cost criminal cases in which an advocate is instructed who is not a member of a panel for such cases.
A regulatory impact assessment has been prepared for this instrument and is available from Criminal Legal Aid Strategy Division, Ministry of Justice, 102 Petty France, London SW1H 9AJ.