Article 6 Amendments to the Criminal Defence Service (Funding) Order 2007

After article 10 insert—

“Provisional representation orders

10A.

(1)

Where the Commission enters into an individual contract for the provision of funded services under a provisional representation order, it must pay the litigator in respect of preparation and standard rate work at rates no higher than the rates set out in the table following this article.

(2)

The Commission must allow—

(a)

such disbursements,

(b)

such fees in respect of—

(i)

travelling and waiting, at the rate of £25 per hour, and

(ii)

mileage, at the rate of £0.45 per mile, and

(c)

such fees in respect of accommodation and subsistence,

claimed by the litigator in accordance with the contract as appear to the Commission to have been reasonably incurred.

(3)

Where the order also provides for representation by an advocate—

(a)

the litigator may claim from the Commission in accordance with the contract, in respect of work undertaken by the advocate, and

(b)

the Commission must pay the litigator at rates no higher than the rates set out in the table following this article.

(4)

In the table following this article references to—

(a)

standard rate work,

(b)

a level A, B or C solicitor, and

(c)

a level A or B solicitor-advocate

are references to those phrases as defined in the Very High Cost Case contract.

	Preparation – hourly rates £	Standard rate work – hourly rates £
Solicitor
Level A	119.00	55.75
Level B	104.50	47.25
Level C	69.00	34.00
Counsel
QC	119.00
Junior alone	85.50
Led junior	76.00
Solicitor-advocate
Level A alone	115.00
Level B alone	99.50
Led level A	104.50
Led level B	90.50

”