Article 26 Amendments to the Criminal Defence Service (Funding) Order 2001

After paragraph 25 of Schedule 4 insert—

“26

Where a trial exceeds 25 days but does not exceed 30 days and it was accepted by the court at the pleas and directions hearing that the trial would not exceed 25 days, the trial advocate shall receive:

(a)

a graduated fee calculated in accordance with the formula in paragraph 7(1)(b) as if the trial had lasted 25 days; and

(b)

the refresher specified in paragraph 8 as appropriate to the offence, increased by forty per cent, for each of the days by which the trial exceeds 25 days.

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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 or where there is a subsequent trial of the issue once the assisted person has been found unfit (a “fitness hearing”):

(a)

if a trial on indictment is held at any time thereafter, the length of the fitness hearing shall be included in determining the length of the trial for the calculation of the graduated fee in accordance with Part 2 of this Schedule;

(b)

if a trial on indictment is not held thereafter by reason of the assisted person being found unfit to plead or to stand trial, the trial advocate shall receive either a graduated fee calculated in accordance with Part 2 of this Schedule as appropriate to the length of the fitness hearing or a graduated fee calculated in accordance with Part 3 of this Schedule as appropriate for representing an assisted person in a cracked trial, whichever the trial advocate shall elect; and

(c)

if at any time the assisted person pleads guilty to the indictable offence, the trial advocate shall be paid either a graduated fee calculated in accordance with Part 2 of this Schedule as appropriate to the length of the fitness hearing or a graduated fee calculated in accordance with Part 3 of this Schedule as appropriate for representing an assisted person in a guilty plea, whichever the trial advocate shall elect.

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(1)

Where in any case on indictment an advocate is retained solely for the purpose of cross-examining a vulnerable witness under sections 34 and 35 of the Youth Justice and Criminal Evidence Act 1999^f1, he shall receive a graduated fee calculated in accordance with Part 2 of this Schedule.

(2)

For the purposes of this paragraph the length of trial uplift and refresher shall be as set out in the Table following paragraph 8 as appropriate to the number of days of attendance at court by the advocate.

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(1)

Where in any case on indictment a person is instructed solely for the purpose of providing written or oral advice, he shall be paid in respect of that advice a fee calculated from the reasonable number of hours of preparation for that advice using the rates of hourly fees set out in the table following paragraph 22 as appropriate to the category of trial advocate and length of trial.

(2)

A person claiming a fee for advice under this paragraph may apply to the appropriate officer to redetermine the fee under paragraph 20(1)(c) of Schedule 1 and he shall supply such information and documents as may be required by the appropriate officer as proof of the number of hours of preparation.

30

(1)

Where in any case on indictment a person is instructed to appear at a sentencing hearing solely for the purpose of applying to the court to mitigate the assisted person’s sentence, he shall be paid in respect of that appearance the fee payable under paragraph 15 as appropriate to the nature of the sentencing hearing together with a fee calculated from the reasonable number of hours of preparation for that appearance using the rates of hourly fees set out in the table following paragraph 22 as appropriate to the category of trial advocate and length of trial.

(2)

A person claiming an hourly preparation fee under this paragraph may apply to the appropriate officer to redetermine such hourly fee under paragraph 20(1)(c) of Schedule 1 and he shall supply such information and documents as may be required by the appropriate officer as proof of the number of hours of preparation.”.