{
  "url": "https://openlegislation.uk/criminal-defence-service-funding-amendment-order-2011/article-10",
  "json_url": "https://openlegislation.uk/criminal-defence-service-funding-amendment-order-2011/article-10.json",
  "legislation": "uksi/2011/2065",
  "legislation_title": "The Criminal Defence Service (Funding) (Amendment) Order 2011",
  "legislation_url": "https://openlegislation.uk/criminal-defence-service-funding-amendment-order-2011",
  "path": "article/10",
  "kind": "article",
  "number": "10",
  "heading": null,
  "text": "In paragraph 2 of Schedule 1—\n(a) in sub-paragraph (3), for “Sub-paragraph (4) applies” substitute “Sub-paragraphs (4) and (4A) apply”;\n(b) at the beginning of sub-paragraph (4), insert “Subject to sub-paragraph (4A),”;\n(c) after sub-paragraph (4) insert—\n“(4A) Where—\n(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\n(b) the new trial becomes a cracked trial or guilty plea,\nthe 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.\n(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.\n(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.\n(5A) Where—\n(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\n(b) the new trial becomes a cracked trial or guilty plea,\nthe 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.”.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "I",
      "label": "I1",
      "text": "Art. 10 in force at 3.10.2011, see art. 1(1)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2011/2065/article/10",
    "retrieved_at": "2026-10-29T01:57:49.446334+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}