The Criminal Defence Service (Funding) Order 2007
S.I. 2007/1174 · Made 3 April 2007
legal services commission, england and wales
Made 3rd April 2007
Laid before Parliament 5th April 2007
Coming into force 30th April 2007
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
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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).
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Contents
- 1Citation and commencement
- 2Interpretation
- 3Scope
- 4Funding of Services
- 5Claims for fees by advocates – Crown Court
- 6Claims for fees and disbursements by litigators – Crown Court
- 7Very High Cost Cases
- 8Proceedings in the Court of Appeal
- 9Proceedings in the House of Lords
- 10The General Criminal Contract
- 11Payments from other sources
- 12Indictable-only offences
- 13Proceedings for contempt
- 14Interim payment of disbursements
- 15Interim disbursements and final determination of fees
- 16Determination of litigators’ disbursements
- 17Interim payments in cases awaiting determination of fees
- 18Amount of interim payments in cases awaiting determination of fees
- 19Staged payments in long Crown Court proceedings
- 20Interim payments for attendance at trial
- 21Hardship payments
- 22Computation of final claim where an interim payment has been made
- 23Payment of fees to advocates – Crown Court
- 24Payment of fees to litigators – Crown Court
- 25Notification of fees
- 26Recovery of overpayments
- 27Adverse observations
- 28Wasted costs orders
- 29Redetermination of fees by appropriate officer
- 30Appeals to a Costs Judge
- 31Appeals to the High Court
- 32Time limits
- 33Revocation
- Signature
- Schedule 1: Advocates’ Graduated Fee Scheme
- Part 1: Definitions and Scope
- 1Interpretation
- 2Application
- 3Class of offences
- Part 2: Graduated Fees for Trial
- 4Calculation of Graduated Fees
- 5Table of fees
- Part 3: Graduated Fees for Guilty Pleas and Cracked Trials
- 6Calculation of graduated fees in guilty pleas and cracked trials—
- 7Tables of fees
- Part 4: Fixed fees
- 8General provisions
- 9Fees for plea and case management hearings and standard appearances
- 10Fees for abuse of process, disclosure, admissibility and withdrawal of plea hearings
- 11Fees for confiscation hearings
- 12Fees for sentencing hearings
- 13Fees for ineffective trials
- 14Fees for special preparation
- 15Fees for wasted preparation
- 16Fees for conferences and views
- 17Fees for appeals, committals for sentence and breach hearings
- 18Discontinuance or dismissal of sent or transferred proceedings
- 19Noting brief fees
- Part 5: Miscellaneous
- 20Identity of instructed advocate
- 21Payment of fees to instructed advocate
- 22Additional charges and additional cases
- 23Multiple advocates
- 24Non-local appearances
- 25Trials lasting over 40 days
- 26Assisted person unfit to plead or stand trial
- 27Cross examination of witness
- 28Provision of written or oral advice
- 29Mitigation of sentence
- 6Table of Offences
- Schedule 2: Litigators’ Fees in the Crown Court
- Part 1: Application and Determination of Litigators’ Fees
- 1Application
- 2Determination of litigators’ fees
- 3Prescribed fee rates
- 4Attendance at court where an advocate is instructed
- 5Allowing fees at less than the prescribed rates
- 6Allowing fees at more than the prescribed rates
- Part 2: Standard Fees in the Crown Court
- 7Application
- 8Allowance of standard fees
- 9Fees for preparation
- 10Standard fees
- 11Disbursements
- 12Redetermination of standard fees
- 13Review of standard fees
- 14Appeal to a Costs Judge – standard fees
- Schedule 3: Very High Cost Cases
- 1Application
- 2Interpretation
- 3Categories of case
- 4Levels of fee earner
- 5Rates for preparation
- 6Rates for non-preparatory work by litigators
- 7Daily rates for advocates
- 8Rates for preliminary hearings
- Schedule 4: Proceedings in the Court of Appeal
- 1General Provisions
- 2Claims for fees and disbursements by litigators
- 3Determination of litigators’ fees
- 4Determination of litigators’ disbursements
- 5Claims for fees by advocates
- 6Determination of advocate’s fees
- 7Litigators’ fees for proceedings in the Court of Appeal
- 8Litigators’ fees for proceedings in the Court of Appeal
- 9Litigators’ fees for proceedings in the Court of Appeal
- 10Advocates’ fees for proceedings in the Court of Appeal
- 11Advocates’ fees for proceedings in the Court of Appeal
- 12Advocates’ fees for proceedings in the Court of Appeal
- 13Advocates’ fees for proceedings in the Court of Appeal
- 14Payment of fees
- 15Redeterminations and appeals
- Explanatory note