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Paragraph 13

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

(1)

This paragraph applies to:

(a)

the hearing of an application to stay the indictment or any count on the ground that the proceedings constitute an abuse of the process of the court;

(b)

any hearing relating to the question of whether any material should be disclosed by the prosecution to the defence or the defence to the prosecution (whether or not any claim to public interest immunity is made); and

(c)

the hearing of an application under section 2(1) of the Criminal Procedure (Attendance of Witnesses) Act 1965f1 for disclosure of material held by third parties.

(2)

Where a hearing to which this paragraph applies is held on any day of the main hearing of a case on indictment, no separate fee shall be payable in respect of attendance at the hearing, but the hearing shall be included in the length of the main hearing for the purpose of calculating remuneration.

(3)

Where a hearing to which this paragraph applies is held prior to the first or only day of the main hearing, it shall not be included in the length of the main hearing for the purpose of calculating remuneration and the trial advocate shall be remunerated for attendance at such a hearing:

(a)

in respect of any day where the hearing begins before and ends after the luncheon adjournment, at the daily rate set out in the Table following paragraph 22 as appropriate to the category of trial advocate;

(b)

in respect of any day where the hearing begins and ends before the luncheon adjournment, or begins after the luncheon adjournment, at the half-daily rate set out in the Table following paragraph 22 as appropriate to the category of trial advocate.

Annotations

Footnotes

f1

1965 c. 69.