# The Criminal Defence Service (Funding) Order 2007, Paragraph 7: Application


(1) Subject to sub-paragraphs (3) and (4), this Part applies to the fees for work done by a fee earner regardless of his grade in relation to the proceedings in the Crown Court specified in sub-paragraph (2).
(2) The following proceedings are specified for the purpose of sub-paragraph (1)—
(a) committals for trial in which the indictment consisted of counts in respect of a class 3 offence and
(i) where the trial (including any case prepared for trial in which no jury was sworn) lasted two days or less and at the time of listing was reasonably expected to last two days or less; or
(ii) where the case was listed and disposed of as a plea of guilty;
(b) appeals against conviction;
(c) appeals against sentence; and
(d) committals for sentence (including proceedings which arose out of a breach of an order of the Crown Court, proceedings in which a sentence was deferred and other similar matters).
(3) Where in any proceedings specified in sub-paragraph (2), the trial judge—
(a) is dissatisfied with the litigator’s conduct of the case; or
(b) considers that, for exceptional reasons, the fees should be determined under paragraph 2,
he may direct that the fees be determined under paragraph 2 and in that event this Part does not apply.
(4) If a litigator so elects, he may claim standard fees under this Part in respect of work done by him notwithstanding that the proceedings in relation to which the work was done are not specified in sub-paragraph (2), and the provisions of this Part apply to such a claim with the necessary modifications, save that, where a litigator elects to claim the principal standard fee for preparation in respect of a trial which lasted more than two days, he shall be paid that fee (together with the appropriate standard fee for the other classes of work specified in paragraph 10(2)) and paragraph 8 does not apply.
(5) In relation to any hearing specified in paragraph 2(7), the fee specified in the Table following paragraph 10(5) for attendance at court where an advocate was instructed is only payable in the circumstances and to the extent provided by paragraph 2(6) to (9).
(6) For the purposes of this Part—
(a) the standard fees which are payable and the classes of work for which such fees may be paid are specified in paragraph 10; and—
(b) the terms—
(i) “principal standard fee”;
(ii) “lower fee limit”; and
(iii) “higher fee limit”
have the meanings given by paragraph 10(5).

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Source: https://www.legislation.gov.uk/uksi/2007/1174/schedule/2/paragraph/7 (the official version)
Page: https://openlegislation.uk/criminal-defence-service-funding-order-2007/schedule-2/paragraph-7
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.