Paragraph 1 Application

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

sch 2 am (with transtl provns) by Criminal Defence Service (Funding) 2006 art 4
Sch 2, Pt 1, para 4 am by Criminal Defence Service (Funding) 2005 arts 3, 5(a)
Sch 2, Pt 1, para 4 rev in pt by Criminal Defence Service (Funding) 2005 arts 3, 5(b), (c)
Sch. 2 Pt. 2 para. 1(5) words substituted by Criminal Defence Service (Funding) 2004 art. 6(a)
Sch. 2 Pt. 2 para. 1(5) words substituted by Criminal Defence Service (Funding) 2004 art. 6(b)

(1)

Subject to sub-paragraphs (3) and (4), this Part of this Schedule applies to the fees for work done by a fee-earner regardless of his grade in relation to the proceedings in the Crown Court specified in sub-paragraph (2).

(2)

The following proceedings are specified for the purpose of sub-paragraph (1):

(a)

committals for trial in which the indictment consisted of counts in respect of an offence which is classified as a Class 3 or 4 offence in accordance with directions given by the Lord Chief Justice under section 75 of the Supreme Court Act 1981^f1 and

(i)

where the trial (including any case prepared for trial in which no jury was sworn) lasted two days or less and at the time of listing was reasonably expected to last two days or less; or

(ii)

where the case was listed and disposed of as a plea of guilty;

(b)

appeals against conviction;

(c)

appeals against sentence; and

(d)

committals for sentence (including proceedings which arose out of a breach of an order of the Crown Court, proceedings in which a sentence was deferred and other similar matters).

(3)

Where in any proceedings specified in sub-paragraph (2), the trial judge:

(a)

is dissatisfied with the solicitor’s conduct of the case; or

(b)

considers that, for exceptional reasons, the fees should be determined under paragraph 12 of Schedule 1

he may direct that the fees should be determined under paragraph 12 and in that event this Part of this Schedule shall not apply.

(4)

If a solicitor so elects, he may claim standard fees under this Part of this Schedule in respect of work done by him notwithstanding that the proceedings in relation to which the work was done are not specified in sub-paragraph (2), and the provisions of this Part of this Schedule shall apply to such a claim with the necessary modifications, save that, where a solicitor elects to claim the principal standard fee for preparation in respect of a trial which lasted more than two days, he shall be paid that fee (together with the appropriate standard fee for the other classes of work specified in paragraph (4)(2)) and paragraph 2 shall not apply.

(5)

In relation to any hearing specified in paragraph 12(6) of Schedule 1, the fee specified in the Table for attendance at court where an advocate was assigned shall only be payable in the circumstances and to the extent provided by paragraph 12(5) to 12(7) of Schedule 1.

(6)

For the purposes of this Part of this Schedule, the standard fees which are payable and the classes of work for which such fees may be paid are specified in paragraph 4 and the “lower fee limit” and the “higher fee limit” have the meanings given by paragraph 4(3).

Annotations

Footnotes

f1: 1981 c. 54.