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Paragraph 2

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

(1)

Subject to the following sub-paragraphs of this paragraph and to paragraph 4, this Schedule applies to every case on indictment in which:

(a)

every count (apart from any count which is withdrawn before the pleas and directions hearing) is for an offence referred to in paragraph 5 below; or

(b)

one or more counts is for an offence referred to in paragraph 5 below, and the trial advocate elects that the remaining counts should be disregarded for the purposes of calculating his remuneration.

(2)

This Schedule does not apply to a case which goes to trial where:

(a)

the prosecution evidence exceeds 1,000 pages;

(b)

the number of prosecution witnesses exceeds 80; or

(c)

it was accepted at the pleas and directions hearing that the trial would exceed 10 days (or 5 days where one of the counts is for an offence falling within Class I), and the trial did not exceed that length by reason only that it came to an end without the jury being required to consider their verdict.

(3)

This Schedule does not apply to a guilty plea where:

(a)

the prosecution evidence exceeds 400 pages; or

(b)

the number of prosecution witnesses exceeds 80.

(4)

This Schedule does not apply to a cracked trial where:

(a)

at the pleas and directions hearing, it was accepted by the court that the trial would exceed 10 days in length (or 5 days where one of the counts is for an offence falling within Class I);

(b)

the prosecution evidence exceeds 250 pages; or

(c)

the number of prosecution witnesses exceeds 80.

(5)

Where following a trial an order was made for a new trial, and the same trial advocate appeared for an assisted person at both trials, this Schedule shall not apply in relation to the remuneration of that trial advocate for:

(a)

the original trial, unless remuneration for that trial has been paid in full prior to the making of the order for a new trial; or

(b)

a new trial, in any event.

(6)

Where following a case on indictment a Newton hearing takes place:

(a)

the case shall for all the purposes of this Schedule be treated as having gone to trial;

(b)

the length of trial shall be taken to be the combined length of the main hearing and of the Newton hearing;

(c)

the provisions of this Schedule relating to cracked trials and guilty pleas shall not apply; and

(d)

no fee shall be payable under paragraph 15 in respect of that hearing.

(7)

A case on indictment which is discontinued at the pleas and directions hearing other than by reason of pleas of guilty being entered shall for all purposes of this Schedule be treated as a guilty plea.