OpenLegislation

Paragraph 11 Fees for confiscation hearings

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

(1)

This paragraph applies to—

(a)

a hearing under Part 2 of the Proceeds of Crime Act 2002f1 (confiscation: England and Wales);

(b)

a hearing under section 2 of the Drug Trafficking Act 1994;f2 (confiscation orders) and

(c)

a hearing under section 71 of the Criminal Justice Act 1988f3 (confiscation orders).

(2)

A hearing to which this paragraph applies is not included in the length of the main hearing or of any sentencing hearing for the purpose of calculating the fees payable, and the trial advocate or substitute advocate must 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 19 as appropriate to the category of trial advocate or substitute advocate; or

(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 19 as appropriate to the category of trial advocate or substitute advocate.

Annotations

Footnotes

f1

2002 c.29.

f2

1994 c.37.

f3

1988 c.33.