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Paragraph 6 Staged payments in long Crown Court cases

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

A representative may submit a claim to the appropriate officer for a staged payment of his fees in relation to criminal proceedings in the Crown Court.

(2)

Where a claim is submitted in accordance with the provisions of this paragraph, a staged payment shall be allowed where the appropriate officer is satisfied:

(a)

that the claim relates to fees for a period of preparation of 100 hours or more, for which the representative will, subject to final determination of the costs payable, be entitled to be paid in accordance with this Schedule; and

(b)

that the period from committal or transfer for trial (or from the date of the representation order, if later) to the conclusion of the Crown Court proceedings will be likely to exceed 12 months, having regard, amongst other matters, to the number of defendants, the anticipated pleas and the weight and complexity of the case.

(3)

In this paragraph “preparation” means:

(a)

all work falling within the definition of “preparation” in paragraph 1(1) of Schedule 4;

(b)

attendance at pre-trial reviews and other hearings (other than a pleas and directions hearing) prior to the main hearing;

(c)

preparation of applications, statements or notices for the purposes of section 6 or 9(5) of the Criminal Justice Act 1987f1; and

(d)

all preparation within the meaning of paragraph 12(1)(a) not falling within the preceding sub-paragraphs,

and is limited to preparation done before the trial, except in proceedings in which a preparatory hearing has been ordered under section 8 of the Criminal Justice Act 1987, in which case it is limited to preparation done before the date on which the jury is sworn (or on which it became certain, by reason of pleas of guilty or otherwise, that the matter would not proceed to trial).

(4)

The amount to be allowed for preparation falling within sub-paragraph (3)(a), (b) or (c) shall be computed by reference to the number of hours of preparation which it appears to the appropriate officer, without prejudice to the final determination of the costs payable, has been reasonably done, multiplied by the relevant hourly rate, namely:

(a)

in the case of an advocate who is a Queen’s Counsel, the hourly rate for subsidiary fees for Queen’s Counsel in the Crown Court prescribed in Table 2 in Schedule 3;

(b)

in the case of an advocate instructed as leading junior counsel pursuant to an order made under CDS Regulations, 75 per cent of the hourly rate for subsidiary fees for Queen’s Counsel in the Crown Court prescribed in Table 2 in Schedule 3;

(c)

in the case of any other advocate, the hourly rate for subsidiary fees for junior counsel in the Crown Court prescribed in Table 1 in Schedule 3.

(5)

The amount to be allowed for preparation falling within sub-paragraph (3)(d) shall be computed by reference to the number of hours of preparation which it appears to the appropriate officer, without prejudice to the final determination of the costs payable, has been reasonably done, multiplied by the relevant hourly rate prescribed in Schedule 2 Part 1, applicable to the class of work and the grade and office location of the fee-earner.

(6)

A claim shall be submitted in such form and manner as the appropriate officer may direct, including such case plan as he may require for the purposes of sub-paragraph (2)(a).

(7)

A representative may claim further staged payments in accordance with this paragraph in respect of further periods of preparation exceeding 100 hours which were not included in an earlier claim.

(8)

Paragraphs 20 to 22 (redetermination etc.) shall not apply to a payment under this paragraph.

Annotations

Footnotes

f1

1987 c. 38.