Paragraph 4 Standard fees
The classes of work for which standard fees shall be payable are those specified in sub-paragraph (2) and the fees for classes of work which are not so specified shall be determined in accordance with paragraph 12 of Schedule 1.
The classes of work specified for the purposes of sub-paragraph (1) are:
preparation within the meaning of paragraph 12(1)(a) of Schedule 1 but including routine letters written and telephone calls, within the meaning of paragraph 12(1)(e) of that Schedule;
attendance at court (including waiting) where more than one representative is assigned;
travelling, other than to undertake work for which standard fees are not payable. For the purpose of this paragraph, “travelling” shall be deemed to include waiting in connection with preparation work, within the meaning of sub-paragraph (2)(a) above.
The standard fees payable under this Part of this Schedule are the fees specified in the Table below and in this Part of this Schedule the “lower fee limit” and the “upper fee limit” mean the lower and upper fee limits specified in the Table.
TABLE
PREPARATION
| Type of proceedings | Lower standard fee | Lower fee limit | Principal standard fee | Upper fee limit | |
|---|---|---|---|---|---|
| Jury trials (including any case prepared for trial in which no jury was sworn) | London rate | £129.50 £139.00 | £179 £186 | £249.50 £261.50 | £312 £326 |
| Guilty pleas | London rate | £81.50 £87.50 | £110 £114 | £175.00 £185.50 | £226 £235 |
| Appeals against conviction | London rate | £51.00 £54.50 | £68 £70 | £153.00 £159.00 | £233 £244 |
| Appeals against sentence | London rate | £36.25 £39.25 | £52 £54 | £93.00 £98.00 | £131 £135 |
| Committals for sentence | London rate | £42.50 £45.00 | £51 £53 | £97.75 £103.00 | £141 £145 |
| ATTENDANCE AT COURT (INCLUDING WAITING) WHERE MORE THAN ONE REPRESENTATIVE ASSIGNED | £21.40 | per hour | |||
| TRAVELLING | £18.50 | per hour |
A solicitor shall be entitled to the “London rate” of the standard fees specified in the Table where his office is situated within the London region of the Commission.
The hourly rate specified in the Table for attendance at court shall, subject to sub-paragraph (6), be paid in respect of the period of time beginning 30 minutes before the case was listed, and ending:
where the client was present at court, 15 minutes after the hearing ended on that day; or
where the client was not present at court, when the hearing ended on that day
and save in exceptional circumstances, shall not be payable during the luncheon adjournment.
Where a fee-earner attends a court centre for the purpose of more than one case, the solicitor may claim the attendance fee in respect of the second or subsequent case only for the time actually spent in attendance in addition to the time for which payment is made under sub-paragraph (5).
The hourly rate specified in the Table shall be paid for time spent travelling (within the meaning of sub-paragraph (2)(c)).
Where a solicitor acts for more than one defendant, the appropriate officer shall allow whichever of the appropriate standard preparation fees is the greater and increase that fee by 20 per cent for each additional defendant, but no percentage increase shall be made to the standard fees for attendance at court and travelling.
Where a solicitor acts for a defendant in respect of more than one:
indictment;
appeal against conviction;
appeal against sentence; or
committal for sentence
or in respect of any combination of (a) to (d) above, the appropriate officer shall allow whichever of the appropriate standard preparation fees is the greater and increase that fee by 20 per cent for each additional indictment, appeal or committal for sentence as the case may be.
Where a solicitor prepares a case with a view to an advocate appearing at the substantive hearing without the solicitor or his representative attending court, the standard preparation fee payable after any increase required by paragraphs (8) or (9) shall be further increased by:
£60.00 in a case which is prepared for trial, whether or not a trial takes place (£64.00 for a solicitor whose office is situated within the London region of the Commission); and
£30.00 in every other case (£32.00 for a solicitor whose office is situated within the London region of the Commission).
Where a fee-earner listens to a recording of an interview conducted under a code issued by the Secretary of State under section 60 of the Police and Criminal Evidence Act 1984f1, the standard preparation fee payable after application of any increase required by paragraph 8 or 9 shall be further increased by £10.90 for every 10 minutes of the total running time of all recordings or parts thereof listened to and by the same amount for any remaining period.
Where the standard fee payable is increased by virtue of sub-paragraph (8), (9), (10) or (11), then for the purposes of paragraphs 3, 6 and 8:
the upper fee limit shall be increased by the same amount by which the principal standard fee has been increased; and
the lower fee limit shall be increased by the same amount by which the standard fee has been increased.
Annotations
Footnotes
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