# The Criminal Defence Service (Funding) (Amendment No. 2) Order 2008

S.I. 2008/2930 · made 11 November 2008

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.

Made under: Access to Justice Act 1999 (Section 14)

PDFs: Printed copy https://openlegislation.uk/criminal-defence-service-funding-amendment-no-2-order-2008/pdf/uksi_20082930_en.pdf; Explanatory Memorandum https://openlegislation.uk/criminal-defence-service-funding-amendment-no-2-order-2008/pdf/uksiem_20082930_en.pdf

## Introductory text

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 1999.
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.

## 1 Citation, commencement and application

(1) This Order may be cited as the Criminal Defence Service (Funding) (Amendment No. 2) Order 2008 and comes into force on 13th November 2008.
(2) 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 2007 applies.

## 2 Amendments to the Criminal Defence Service (Funding) Order 2007

The Criminal Defence Service (Funding) Order 2007 is amended as follows.

## 3 Amendments 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.”.

## 4 Amendments 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.

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Source: https://www.legislation.gov.uk/uksi/2008/2930 (the official version)
Page: https://openlegislation.uk/criminal-defence-service-funding-amendment-no-2-order-2008
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.