Paragraph 22 Additional charges and additional cases
Where an assisted person is charged with more than one offence on one indictment, the graduated fee payable to the trial advocate under this Schedule will be based on whichever of those offences the trial advocate selects.
Where two or more cases to which this Schedule applies involving the same trial advocate are heard concurrently (whether involving the same or different assisted persons)—
the trial advocate must select one case (“the principal case”), which must be treated for the purposes of remuneration in accordance with this Schedule;
in respect of the main hearing in each of the other cases the trial advocate must be paid a fixed fee of 20 per cent of—
the basic fee (B) specified in the Table following paragraph 5 or paragraph 7, as appropriate, for the principal case, where that is a case falling within paragraph 2(1)(a), or
the fixed fee for the principal case, where that is a case falling within paragraph 2 (1)(b).
Where a trial advocate or substitute advocate appears at a hearing specified in paragraph 9, 10, 11, 12 or 13, forming part of two or more cases involving different assisted persons, he must be paid—
in respect of the first such case, the fixed fee for that hearing specified in the Table following paragraph 19; and
in respect of each of the other cases, 20 per cent of that fee.
Subject to sub-paragraphs (1) to (3), where a trial advocate or substitute advocate appears at a hearing forming part of two or more cases, he must be paid the fixed fee for that hearing specified in the Table following paragraph 19 in respect of one such case, without any increase in respect of the other cases.
Where a trial advocate selects—
one offence, in preference to another offence, under sub-paragraph (1); or
one case as the principal case, in preference to another case, under sub-paragraph (2),
that selection does not affect his right to claim any of the fees set out in the Table following paragraph 19 to which he would otherwise have been entitled.