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Paragraph 2 Application

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

(1)

Subject to sub-paragraphs (2) to (8), this Schedule applies to—

(a)

every case on indictment; and

(b)

the following proceedings in the Crown Court—

(i)

an appeal against conviction or sentence;

(ii)

a sentencing hearing following a committal for sentence to the Crown Court; and

(iii)

proceedings arising out of an alleged breach of an order of the Crown Court (whether or not this Schedule applies to the proceedings in which the order was made).

(2)

This Schedule does not apply to a Very High Cost Case which is the subject of an individual contract for the provision of funded services.

(3)

Sub-paragraph (4) applies where, following a trial, an order is made for a new trial and the same trial advocate appears at both trials where—

(i)

the defendant is an assisted person at both trials; or

(ii)

the defendant is an assisted person at the new trial only; or

(iii)

the new trial is a cracked trial or guilty plea.

(4)

In respect of a new trial, or if he so elects, in respect of the first trial, the trial advocate will receive a graduated fee calculated in accordance with Part 2 or Part 3, as appropriate, except that the fee will be reduced by—

(a)

30 percent, where the new trial started within one month of the conclusion of the first trial;

(b)

20 percent, where the new trial did not start within one month of the conclusion of the first trial;

(c)

40 percent where the new trial becomes a cracked trial or guilty plea within one month of the conclusion of the first trial; or

(d)

25 percent where the new trial becomes a cracked trial or guilty plea more than one month after the conclusion of the first trial.

(5)

Where a different trial advocate appears for the assisted person at each trial then, in respect of each trial, the trial advocate will receive a graduated fee calculated in accordance with Part 2 or Part 3, as appropriate.

(6)

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

(a)

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

(b)

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

(c)

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

(d)

no fee will be payable under paragraph 12 in respect of the Newton hearing.

(7)

Sub-paragraph (8) applies where proceedings are—

(a)

sent for trial to the Crown Court under section 51 of the Crime and Disorder Act 1998 (no committal proceedings for indictable-only offences); or

(b)

transferred to the Crown Court under—

(i)

section 4 of the Criminal Justice Act 1987 (transfer of serious fraud cases); or

(ii)

section 53 of the Criminal Justice Act 1991f1 (transfer of certain cases involving children).

(8)

Where, at any time after proceedings are sent or transferred to the Crown Court under the provisions referred to in sub-paragraph (7), they are—

(a)

discontinued by a notice served under section 23A of the Prosecution of Offences Act 1985f2 (discontinuance of proceedings after accused has been sent for trial); or

(b)

dismissed pursuant to—

(i)

paragraph 2 of Schedule 3 to the Crime and Disorder Act 1998 (applications for dismissal);

(ii)

section 6 of the Criminal Justice Act 1987 (applications for dismissal); or

(iii)

paragraph 5 of Schedule 6 to the Criminal Justice Act 1991 (applications for dismissal),

the provisions of paragraph 18 apply.

Annotations

Footnotes

f1

1991 c.53.

f2

1985 c.23 Section 23A was inserted by section 119 of the Crime and Disorder Act 1998 (c.37).