The Criminal Defence Service (Funding) (Amendment) Order 2004
S.I. 2004/2045 · Made 29 July 2004
LEGAL SERVICES COMMISSION, ENGLAND AND WALES
Made 29th July 2004
Laid before Parliament 30th July 2004
Coming into force 2nd August 2004
The Secretary of State, in exercise of the powers conferred by section 14(3) of the Access to Justice Act 1999f1 and now vested in himf2, having had regard to the matters specified in section 25(3) and having consulted the General Council of the Bar and the Law Society, makes the following Order:
Annotations to the whole text
Footnotes
- f1
- f2
-
By virtue of the Secretary of State for Constitutional Affairs Order 2003 (S.I. 2003/1887), articles 4(1) and 9, Schedule 1 and Schedule 2 paragraph 11(1)(a).
Contents
- 1Citation, commencement and interpretation
- 2Transitional provisions
- 3Amendments to the Criminal Defence Service (Funding) Order 2001
- 4Amendments to the Criminal Defence Service (Funding) Order 2001
- 5Amendments to the Criminal Defence Service (Funding) Order 2001
- 6Amendments to the Criminal Defence Service (Funding) Order 2001
- 7Amendments to the Criminal Defence Service (Funding) Order 2001
- 8Amendments to the Criminal Defence Service (Funding) Order 2001
- 9Amendments to the Criminal Defence Service (Funding) Order 2001
- 10Amendments to the Criminal Defence Service (Funding) Order 2001
- 11Amendments to the Criminal Defence Service (Funding) Order 2001
- Signature
- Schedule 1Schedule 1
- Schedule 2Schedule 2
- Schedule 3Schedule 3
- Explanatory note
1Citation, commencement and interpretation
This Order may be cited as the Criminal Defence Service (Funding) (Amendment) Order 2004 and shall come into force on 2nd August 2004.
In this Order reference to an article or Schedule by number alone means the article or Schedule so numbered in the Criminal Defence Service (Funding) Order 2001f1.
2Transitional provisions
This Order applies for the purposes of—
articles 3, 7, 8, 9 and 10 of this Order only in respect of proceedings in which a representation order is made on or after 2nd August 2004;
articles 4, 5 and 11 of this Order only in respect of work done under a representation order on or after 2nd August 2004,
and in all other circumstances, the Criminal Defence Service (Funding) Order 2001 shall have effect as if this Order had not been made.
3Amendments to the Criminal Defence Service (Funding) Order 2001
In article 2, for the definition of “a Very High Cost Case” substitute—
““a Very High Cost Case” is a case where if the case proceeds to trial, that trial would be likely to last for 41 days or longer, and any question as to whether the case fulfils this criterion shall be determined by the Commission.”.
4Amendments to the Criminal Defence Service (Funding) Order 2001
In article 9 for “Where” substitute “Subject to article 9A, where”.
5Amendments to the Criminal Defence Service (Funding) Order 2001
After article 9 insert—
“9A.(1)This article applies to Very High Cost Cases in respect of which a representation order has been made on or before 1st July 2004.
(2)Where this article applies, the Commission may elect to apply the provisions for remuneration in:
(a)Schedule 4, to the whole or any part of an advocate’s claim for costs,
(b)Schedule 2, to the whole or any part of a solicitor’s claim for costs so far as they are not met by (a),
which would otherwise be subject to remuneration in accordance with article 9.”.
6Amendments to the Criminal Defence Service (Funding) Order 2001
In paragraph 1(5) in Part 2 of Schedule 2—
for “paragraph 12(6)” substitute “paragraph 12(8)”; and
for “paragraph 12(5) to 12(7)” substitute “paragraph 12(7) to (10)”.
7Amendments to the Criminal Defence Service (Funding) Order 2001
In Part 1 of Schedule 4—
in paragraph 2, for sub-paragraph (2) substitute—
“(2)This Schedule does not apply to a case which goes to trial where the trial exceeds 40 days, unless:
(a)it was accepted by the court at the pleas and directions hearing that the trial would not exceed 40 days but it did; or
(b)the Commission was notified and accepted that the trial would not exceed 40 days but it did; or
(c)the Commission has made an election under article 9A to apply this Schedule to the whole or any part of a Very High Cost Case.”; and
in paragraph 4, for sub-paragraph (b) substitute—
“(b)the length of the main hearing, or the combined length of the main hearing and of any hearing to which paragraph 2(6), 13 or 14 applies exceeds 40 days, unless:
(i)it was accepted by the court at the pleas and directions hearing that the trial would not exceed 40 days but it did; or
(ii)the Commission was notified and accepted that the trial would not exceed 40 days but it did; or
(iii)the Commission has made an election under article 9A to apply this Schedule to the whole or any part of a Very High Cost Case.”.
8Amendments to the Criminal Defence Service (Funding) Order 2001
In Part 2 of Schedule 4—
in paragraph 7(1)—
in sub-paragraph (a), after “10 days” insert “and trials lasting 26 to 40 days”; and
in sub-paragraph (b), for “exceeding 10 days” insert “lasting 11 to 25 days”;
in paragraph 7(2), in the definition of “e”, after “first 50” insert “up to a maximum of 10,000;”; and
in paragraph 8—
for tables (c) and (d) substitute the tables as set out in Schedule 1 to this Order; and
after table (d) insert the tables as set out in Schedule 2 to this Order.
9Amendments to the Criminal Defence Service (Funding) Order 2001
In Part 4 of Schedule 4—
after paragraph 17 insert—
“17A.(1)Where this paragraph applies, a special preparation fee may be claimed in addition to the graduated fee payable under this Schedule.
(2)This paragraph applies where, in any case on indictment in the Crown Court in respect of which a graduated fee is payable under this Schedule, the pages of prosecution evidence as defined in paragraph 1(2) in Part 1 of this Schedule exceeds 10,000 and the appropriate officer considers it reasonable to make a payment in excess of the graduated fee payable under this Schedule.
(3)The amount of the special preparation fee shall be calculated from the number of hours' preparation in excess of the amount normally done for cases of the same type, 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 the trial.
(4)A trial advocate claiming a special preparation fee shall supply such information and documents as may be required by the appropriate officer in support of his claim.”;
in paragraph 19(1A)—
at the end of sub-paragraph (c) omit “and”; and
after sub-paragraph (d) insert—
“;
- (e)
for trials lasting not less than 26 days and not more than 35 days, 5 conferences each not exceeding 2 hours;
- (f)
for trials lasting not less than 36 days and not more than 40 days, 6 conferences each not exceeding 2 hours;
- (g)
for trials lasting not less than 26 days and not more than 35 days, where the Commission has made an election under article 9A to apply this Schedule, 5 conferences each not exceeding 2 hours; and
- (h)
for trials lasting not less than 36 days, where the Commission has made an election under article 9A to apply this Schedule, 6 conferences each not exceeding 2 hours.”; and
in the table following paragraph 22, after “Trials lasting 11–25 days”, wherever those words appear, insert “and trials lasting 26–40 days”.
10Amendments to the Criminal Defence Service (Funding) Order 2001
In paragraph 26 in Part 5 of Schedule 4—
omit from “but does not exceed 30 days” to “would not exceed 25 days,”; and
for sub-paragraph (b) substitute—
“(b)the refresher specified in paragraph 8 as appropriate to the offence increased by:
(i)forty per cent for each of the days by which the trial exceeds 25 days but does not exceed 50 days; and
(ii)fifty per cent for each of the days by which the trial exceeds 50 days.”.
11Amendments to the Criminal Defence Service (Funding) Order 2001
In Schedule 5, for tables 1, 3 and 4 substitute the tables as set out in Schedule 3 to this Order.
Signature
Signed
Falconer of Thoroton, C
Secretary of State for Constitutional Affairs
Date 29th July 2004
Schedule 1
(c) Trials (11-25 days)—Queen’s Counsel
| Offence falling within | Basic fee | Refresher | Length of trial uplift: per day | Evidence uplift: per page | Witnesses uplift: per witness | Length of trial gradient |
|---|---|---|---|---|---|---|
| Class A | £1,850 | £518 | £979 | £2.08 | £8.80 | 1% |
| Class B | £975 | £365 | £688 | £3.10 | £20.53 | 3% |
| Class C | £975 | £365 | £688 | £3.10 | £20.53 | 3% |
| Class D | £975 | £365 | £688 | £3.10 | £20.53 | 3% |
| Class E | £975 | £365 | £688 | £3.10 | £20.53 | 3% |
| Class F | £975 | £365 | £688 | £3.10 | £20.53 | 3% |
| Class G | £975 | £365 | £688 | £3.10 | £20.53 | 3% |
| Class H | £975 | £365 | £688 | £3.10 | £20.53 | 3% |
| Class I | £975 | £365 | £688 | £3.10 | £20.53 | 3% |
(d) Trials (11-25 days)—other trial advocates
| Offence falling within | Basic fee | Refresher | Length of trial uplift: per day | Evidence uplift: per page | Witnesses uplift: per witness | Length of trial gradient |
|---|---|---|---|---|---|---|
| Class A | £740 | £311 | £376 | £0.79 | £3.38 | 5% |
| Class B | £250 | £204 | £172 | £1.78 | £14.66 | 15% |
| Class C | £250 | £204 | £172 | £1.78 | £14.66 | 15% |
| Class D | £390 | £219 | £264 | £1.19 | £7.88 | 10% |
| Class E | £210 | £186 | £131 | £1.45 | £6.12 | 15% |
| Class F | £210 | £186 | £131 | £1.45 | £6.12 | 15% |
| Class G | £370 | £219 | £252 | £2.42 | £19.97 | 10% |
| Class H | £250 | £204 | £172 | £1.78 | £14.66 | 15% |
| Class I | £250 | £204 | £172 | £1.78 | £14.66 | 15% |
Schedule 2
(e) Trials (26-40 days)—Queen’s Counsel
| Offence falling within | Basic fee | Refresher | Length of trial uplift: per day | Evidence uplift: per page | Witnesses uplift: per witness |
|---|---|---|---|---|---|
| Class A | £1,850 | £518 | £1,126 | £2.08 | £8.80 |
| Class B | £975 | £365 | £996 | £3.10 | £20.53 |
| Class C | £975 | £365 | £996 | £3.10 | £20.53 |
| Class D | £975 | £365 | £996 | £3.10 | £20.53 |
| Class E | £975 | £365 | £996 | £3.10 | £20.53 |
| Class F | £975 | £365 | £996 | £3.10 | £20.53 |
| Class G | £975 | £365 | £996 | £3.10 | £20.53 |
| Class H | £975 | £365 | £996 | £3.10 | £20.53 |
| Class I | £975 | £365 | £996 | £3.10 | £20.53 |
(f) Trials (26-40 days)—other trial advocates
| Offence falling within | Basic fee | Refresher | Length of trial uplift: per day | Evidence uplift: per page | Witnesses uplift: per witness |
|---|---|---|---|---|---|
| Class A | £740 | £311 | £657 | £0.79 | £3.38 |
| Class B | £250 | £204 | £558 | £1.78 | £14.66 |
| Class C | £250 | £204 | £558 | £1.78 | £14.66 |
| Class D | £390 | £219 | £660 | £1.19 | £7.88 |
| Class E | £210 | £186 | £425 | £1.45 | £6.12 |
| Class F | £210 | £186 | £425 | £1.45 | £6.12 |
| Class G | £370 | £219 | £630 | £2.42 | £19.97 |
| Class H | £250 | £204 | £558 | £1.78 | £14.66 |
| Class I | £250 | £204 | £558 | £1.78 | £14.66 |
Schedule 3
Table 1 Hourly rates for preparation
| Column 1 | Column 2 | Column 3 | Column 4 | Column 5 | Column 6 |
|---|---|---|---|---|---|
| Solicitor, employed barrister, legal executive or other fee earner | Category 1 cases (fraud and terrorism only) | Category 2 cases | Category 3 cases | Category 4 cases (non-fraud only) | Standard rates |
| £ per hour | £ per hour | £ per hour | £ per hour | £ per hour | |
| Level A | 180 | 140 | 110 | 110 | 55.75 |
| Level B | 140 | 110 | 90 | 90 | 47.25 |
| Level C | 100 | 80 | 70 | 70 | 34.00 |
| Pupil/junior | 50 | 40 | 35 | 35 | |
| Counsel | |||||
| Queen’s Counsel | 180 | 140 | 110 | 110 | |
| Leading junior advocate | 140 | 110 | 90 | 90 | |
| Led junior advocate | 100 | 80 | 70 | 70 | |
| Junior advocate alone | 110 | 90 | 80 | 80 | |
| Second led junior advocate | 70 | 55 | 50 | - | |
| Solicitor Advocate | |||||
| Leading level A | 180 | 140 | 110 | 110 | |
| Led level A | 140 | 110 | 90 | 90 | |
| Leading level B | 140 | 110 | 90 | 90 | |
| Led level B | 115 | 95 | 75 | 75 | |
| Level A alone | 145 | 120 | 100 | 100 | |
| Level B alone | 125 | 105 | 85 | 85 | |
| Second advocate | 70 | 55 | 50 | 50 | |
Table 3 Daily rates for advocacy
| Column 1 | Column 2 | Column 3 | Column 4 | Column 5 |
|---|---|---|---|---|
| Category 1 cases (fraud and terrorism only) | Category 2 cases | Category 3 cases | Category 4 cases (non-fraud only) | |
| £ per day | £ per day | £ per day | £ per day | |
| Queen’s Counsel | 600 | 600 | 600 | 600 |
| Leading junior | 450 | 450 | 450 | 450 |
| Led junior | 300 | 300 | 300 | 300 |
| Junior alone | 330 | 330 | 330 | 330 |
| Second led junior | 150 | 150 | 150 | - |
| Noter | 125 | 125 | 125 | 125 |
Table 4 Preliminary hearings
| Amount payable for hearing | |
|---|---|
| £ | |
| Queen’s Counsel | 140 |
| Leading junior | 100 |
| Led junior | 70 |
| Junior alone | 80 |
| Second led junior | 40 |
| Noter | 35 |
Explanatory note
(This note is not part of the Order)
This Order gives the Legal Services Commission a discretion to apply the graduated fees applicable to Crown Court cases as set out in Schedule 4 to the Criminal Defence Service (Funding) Order 2001 (“the 2001 Order”) to Very High Cost Cases.
It also amends the definition of a Very High Cost Case as provided for in the 2001 Order to a case where if it proceeds to trial, that trial would be likely to last for 41 days or longer.
The main amendments to the 2001 Order are as follows:
-
article 6 makes an amendment to correct a drafting error in Schedule 2 to the 2001 Order
-
article 8(c)(i) substitutes current tables in paragraph 8 in Part 2 of Schedule 4 with revised tables and article 8(c)(ii) provides for new tables in paragraph 8
-
article 9(a) provides for a new special preparation fee where the pages of prosecution evidence exceed 10,000
-
article 11 substitutes current tables in Schedule 5 with revised tables.
This Order also makes a number of amendments which are consequential on the above.