Article 10 I1

in sub-paragraph (3), for “Sub-paragraph (4) applies” substitute “Sub-paragraphs (4) and (4A) apply”;

at the beginning of sub-paragraph (4), insert “Subject to sub-paragraph (4A),”;

after sub-paragraph (4) insert—

“(4A)

Where—

(a)

in relation to the first trial, the case was committed to the Crown Court on the election of a defendant where the magistrates’ court had determined the case to be suitable for summary trial; and

(b)

the new trial becomes a cracked trial or guilty plea,

the trial advocate will receive a graduated fee, calculated in accordance with Part 2, in respect of the first trial and the fixed fee set out in paragraph 7B in respect of the new trial.

(4B)

Sub-paragraphs (5) and (5A) apply in the circumstances set out in sub-paragraph (3) but where a different trial advocate appears for the assisted person at each trial.

(5)

Subject to sub-paragraph (5A), in respect of each trial the trial advocate will receive a graduated fee calculated in accordance with Part 2 or Part 3 as appropriate.

(5A)

Where—

(a)

in relation to the first trial, the case was committed to the Crown Court on the election of a defendant where the magistrates’ court had determined the case to be suitable for summary trial; and

(b)

the new trial becomes a cracked trial or guilty plea,

the trial advocate at the first trial will receive a graduated fee, calculated in accordance with Part 2 and the trial advocate at the new trial will receive the fixed fee set out in paragraph 7B.”.