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Explanatory note

Original text. Later amendments are not shown.

(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.