# The Criminal Defence Service (Funding) Order 2007, Paragraph 15: Fees for wasted preparation


(1) A wasted preparation fee may be claimed where a trial advocate in any case to which this paragraph applies is prevented from representing the assisted person in the main hearing by any of the following circumstances—
(a) the trial advocate is instructed to appear in other proceedings at the same time as the main hearing in the case and has been unable to secure a change of date for either the main hearing or the other proceedings;
(b) the date fixed for the main hearing is changed by the court despite the trial advocate’s objection;
(c) the trial advocate has withdrawn from the case with the leave of the court because of his professional code of conduct or to avoid embarrassment in the exercise of his profession;
(d) the trial advocate has been dismissed by the assisted person or the litigator; or
(e) the trial advocate is obliged to attend at any place by reason of a judicial office held by him or other public duty.
(2) This paragraph applies to every case on indictment to which this Schedule applies provided that—
(a) the case goes to trial, and the trial lasts for five days or more; or
(b) the case is a cracked trial, and the number of pages of prosecution evidence exceeds 150.
(3) The amount of the wasted preparation fee must be calculated from the number of hours of preparation reasonably carried out by the trial advocate, using the rates for hourly fees set out in the Table following paragraph 19 as appropriate to the category of trial advocate, but no such fee is payable unless the number of hours of preparation is eight or more.
(4) Any claim for a wasted preparation fee under this paragraph must be made by an instructed advocate, whether or not he did the work claimed for.
(5) An instructed advocate claiming a wasted preparation fee must supply such information and documents as may be required by the appropriate officer as proof of the circumstances in which he was prevented from representing the assisted person and of the number of hours of preparation.

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Source: https://www.legislation.gov.uk/uksi/2007/1174/schedule/1/paragraph/15 (the official version)
Page: https://openlegislation.uk/criminal-defence-service-funding-order-2007/schedule-1/paragraph-15
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.