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The Criminal Defence Service (Funding) Order 2007

S.I. 2007/1174 · Made 3 April 2007

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legal services commission, england and wales

Made 3rd April 2007

Laid before Parliament 5th April 2007

Coming into force 30th April 2007

This Order is made in exercise of the powers conferred upon the Lord Chancellorf1 by sections 14(3), 14(5) and 105 of, and paragraph 9 of Schedule 14 to, the Access to Justice Act 1999f2.

The Lord Chancellor has had regard to the matters specified in section 25(3) of that Act and has consulted the General Council of the Bar and the Law Society in accordance with section 25(2) of that Act.

Accordingly, the Lord Chancellor makes the following Order.

Annotations to the whole text

Footnotes

f1

The powers were conferred on the Lord Chancellor, transferred to the Secretary of State for Constitutional Affairs by the Secretary of State for Constitutional Affairs Order 2003 (S.I. 2003/1887), and were transferred back to the Lord Chancellor by the Transfer of Functions (Lord Chancellor and Secretary of State) Order 2005 (S.I. 2005/3429).

f2

1999 c..2.2

Contents

  1. 1Citation and commencement
  2. 2Interpretation
  3. 3Scope
  4. 4Funding of Services
  5. 5Claims for fees by advocates – Crown Court
  6. 6Claims for fees and disbursements by litigators – Crown Court
  7. 7Very High Cost Cases
  8. 8Proceedings in the Court of Appeal
  9. 9Proceedings in the House of Lords
  10. 10The General Criminal Contract
  11. 11Payments from other sources
  12. 12Indictable-only offences
  13. 13Proceedings for contempt
  14. 14Interim payment of disbursements
  15. 15Interim disbursements and final determination of fees
  16. 16Determination of litigators’ disbursements
  17. 17Interim payments in cases awaiting determination of fees
  18. 18Amount of interim payments in cases awaiting determination of fees
  19. 19Staged payments in long Crown Court proceedings
  20. 20Interim payments for attendance at trial
  21. 21Hardship payments
  22. 22Computation of final claim where an interim payment has been made
  23. 23Payment of fees to advocates – Crown Court
  24. 24Payment of fees to litigators – Crown Court
  25. 25Notification of fees
  26. 26Recovery of overpayments
  27. 27Adverse observations
  28. 28Wasted costs orders
  29. 29Redetermination of fees by appropriate officer
  30. 30Appeals to a Costs Judge
  31. 31Appeals to the High Court
  32. 32Time limits
  33. 33Revocation
  34. Signature
  35. Schedule 1: Advocates’ Graduated Fee Scheme
  36. Part 1: Definitions and Scope
  37. 1Interpretation
  38. 2Application
  39. 3Class of offences
  40. Part 2: Graduated Fees for Trial
  41. 4Calculation of Graduated Fees
  42. 5Table of fees
  43. Part 3: Graduated Fees for Guilty Pleas and Cracked Trials
  44. 6Calculation of graduated fees in guilty pleas and cracked trials—
  45. 7Tables of fees
  46. Part 4: Fixed fees
  47. 8General provisions
  48. 9Fees for plea and case management hearings and standard appearances
  49. 10Fees for abuse of process, disclosure, admissibility and withdrawal of plea hearings
  50. 11Fees for confiscation hearings
  51. 12Fees for sentencing hearings
  52. 13Fees for ineffective trials
  53. 14Fees for special preparation
  54. 15Fees for wasted preparation
  55. 16Fees for conferences and views
  56. 17Fees for appeals, committals for sentence and breach hearings
  57. 18Discontinuance or dismissal of sent or transferred proceedings
  58. 19Noting brief fees
  59. Part 5: Miscellaneous
  60. 20Identity of instructed advocate
  61. 21Payment of fees to instructed advocate
  62. 22Additional charges and additional cases
  63. 23Multiple advocates
  64. 24Non-local appearances
  65. 25Trials lasting over 40 days
  66. 26Assisted person unfit to plead or stand trial
  67. 27Cross examination of witness
  68. 28Provision of written or oral advice
  69. 29Mitigation of sentence
  70. 6Table of Offences
  71. Schedule 2: Litigators’ Fees in the Crown Court
  72. Part 1: Application and Determination of Litigators’ Fees
  73. 1Application
  74. 2Determination of litigators’ fees
  75. 3Prescribed fee rates
  76. 4Attendance at court where an advocate is instructed
  77. 5Allowing fees at less than the prescribed rates
  78. 6Allowing fees at more than the prescribed rates
  79. Part 2: Standard Fees in the Crown Court
  80. 7Application
  81. 8Allowance of standard fees
  82. 9Fees for preparation
  83. 10Standard fees
  84. 11Disbursements
  85. 12Redetermination of standard fees
  86. 13Review of standard fees
  87. 14Appeal to a Costs Judge – standard fees
  88. Schedule 3: Very High Cost Cases
  89. 1Application
  90. 2Interpretation
  91. 3Categories of case
  92. 4Levels of fee earner
  93. 5Rates for preparation
  94. 6Rates for non-preparatory work by litigators
  95. 7Daily rates for advocates
  96. 8Rates for preliminary hearings
  97. Schedule 4: Proceedings in the Court of Appeal
  98. 1General Provisions
  99. 2Claims for fees and disbursements by litigators
  100. 3Determination of litigators’ fees
  101. 4Determination of litigators’ disbursements
  102. 5Claims for fees by advocates
  103. 6Determination of advocate’s fees
  104. 7Litigators’ fees for proceedings in the Court of Appeal
  105. 8Litigators’ fees for proceedings in the Court of Appeal
  106. 9Litigators’ fees for proceedings in the Court of Appeal
  107. 10Advocates’ fees for proceedings in the Court of Appeal
  108. 11Advocates’ fees for proceedings in the Court of Appeal
  109. 12Advocates’ fees for proceedings in the Court of Appeal
  110. 13Advocates’ fees for proceedings in the Court of Appeal
  111. 14Payment of fees
  112. 15Redeterminations and appeals
  113. Explanatory note