# The Criminal Defence Service (Funding) (Amendment) Order 2008

S.I. 2008/957 · made 2 April 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. This Order provides that in a Very High Cost Case where a litigator instructs an advocate who is not a member of a panel for such cases he may apply to the Legal Services Commission for payment in respect of the advocate’s work, where the instruction is made, and the work done, in accordance with the Commission’s contract for those cases. It then sets out the maximum payments which the Commission may make.

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

PDFs: Printed copy https://openlegislation.uk/criminal-defence-service-funding-amendment-order-2008/pdf/uksi_20080957_en.pdf; Explanatory Memorandum https://openlegislation.uk/criminal-defence-service-funding-amendment-order-2008/pdf/uksiem_20080957_en.pdf

## Introductory text

Legal Services Commission, England And Wales
Made 2nd April 2008
Laid before Parliament 2nd April 2008
Coming into force 24th April 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 interpretation

(1) This Order may be cited as the Criminal Defence Service (Funding) (Amendment) Order 2008 and comes into force on 24th April 2008.
(2) In this Order “the 2007 Order” means the Criminal Defence Service (Funding) Order 2007.

## 2 Amendments to the 2007 Order

In article 3(6A) of the 2007 Order, after “Cases” insert “, except as provided in paragraph 25 of Schedule 2”.

## 3 Amendments to the 2007 Order

After paragraph 24 of Schedule 2 to the 2007 Order insert—
“Very High Cost Cases
25. (1) This paragraph applies where, in a Very High Cost Case, a litigator instructs an advocate who is not a member of a Very High Cost Case (Crime) Panel, in accordance with the contract.
(2) The litigator may claim payment from the Commission in respect of work undertaken by the advocate and authorised in accordance with the contract.
(3) Where such a claim is made, the Commission must pay the litigator at rates no higher than the rates set out in the tables following this paragraph.
(4) In this paragraph “the contract” means the Very High Cost Case contract for panel members, made between the Commission and panel members and dated 2nd April 2008.
(5) In the tables following this paragraph—
(a) a reference in the first table to a category is a reference to that category as defined in the contract;
(b) a reference in the first table to a level A or B solicitor-advocate is a reference to a level A or B solicitor-advocate as defined in the contract;
(c) a reference in the second table to a junior includes a solicitor-advocate.
Preparation (hourly rates)
Category 1
£
Category 2
£
Category 3
£
Category 4
£
Counsel
QC
145
113
91
91
Leading junior
127
100
79
79
Led junior
91
73
61
61
Junior alone
100
82
70
70
2nd led junior
63
50
43
43
Solicitor-advocate
Leading level A
145
113
91
91
Led level A
127
100
79
79
Leading level B
127
100
79
79
Led level B
104
86
66
66
Level A alone
131
109
88
88
Level B alone
113
95
75
75
Second advocate
63
50
43
43
Advocacy
Preliminary hearing
£
Half day
£
Full day
£
QC
113
238
476
Leading junior
86
195
390
Led junior
58
126
252
Junior alone
67
143
285
Second led junior
34
64
128
Noter
29
55
109
Travelling, waiting and mileage
£25 per hour for travelling (up to a maximum of four hours in one day) or waiting
£0.45 per mile for mileage
”

## Signature

Signed by authority of the Lord Chancellor
Hunt
Parliamentary Under Secretary of State
Ministry of Justice
2nd April 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. This Order provides that in a Very High Cost Case where a litigator instructs an advocate who is not a member of a panel for such cases he may apply to the Legal Services Commission for payment in respect of the advocate’s work, where the instruction is made, and the work done, in accordance with the Commission’s contract for those cases. It then sets out the maximum payments which the Commission may make.
No separate impact assessment has been prepared for this Order, as it is not expected to have any different impact on businesses, charities or voluntary bodies from that of the introduction of the very high cost case regime as a whole, for which an assessment was prepared by the Legal Services Commission which is available at www.legalservices.gov.uk or from the Legal Services Commission, 85 Gray’s Inn Road, London WC1X 8TX.

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Source: https://www.legislation.gov.uk/uksi/2008/957 (the official version)
Page: https://openlegislation.uk/criminal-defence-service-funding-amendment-order-2008
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.