Article 28 Amendments to the Criminal Defence Service (Funding) Order 2007

for sub-paragraph (1) substitute—

“(1)

This paragraph applies in any case on indictment in the Crown Court—

(a)

in respect of which a fee is payable under Part 2, where any or all of the prosecution evidence, as defined in paragraph 1(2), is served in electronic form only; or

(b)

in respect of which a fee is payable under Part 2 (other than paragraph 6), where the number of pages of prosecution evidence, as so defined, exceeds 10,000,

and the appropriate officer considers it reasonable to make a payment in excess of the fee payable under Part 2 .”;

for sub-paragraph (3) substitute—

“(3)

The amount of the special preparation fee must be calculated from the number of hours which the appropriate officer considers reasonable—

(a)

where sub-paragraph (1)(a) applies, to view the prosecution evidence; and

(b)

where sub-paragraph (1)(b) applies, to read the excess pages,

and in each case using the rates specified in the table following paragraph 22.”.