Paragraph 2 Interpretation

In this Schedule—

• “Category 1” means—

  1. (a)

     in relation to a Very High Cost Fraud Case, a case—

     1. (i)

        which is likely to give rise to national publicity and widespread public concern;

     2. (ii)

        which requires highly specialist knowledge;

     3. (iii)

        which involves a significant international dimension;

     4. (iv)

        which requires legal, accountancy and investigative skills to be brought together;

     5. (v)

        in which the value of the fraud exceeds £10million;

     6. (vi)

        in which the number of pages of prosecution evidence (excluding unused material) exceeds 30,000;

     7. (vii)

        in which the total cost of representing the assisted person is likely to exceed £500,000; and

     8. (viii)

        in which the trial is likely to last over 20 weeks;

  2. (b)

     in relation to a Non-Fraud Very High Cost Case, a case in which the offence or the main offence with which the assisted person is charged, whether at common law or under any enactment, is primarily, or substantially, founded on allegations of terrorism.

• “Category 2” means—

  1. (a)

     in relation to a Very High Cost Fraud Case, a case which fulfils—

     1. (i)

        at least three of the following criteria—

        1. (aa)

           the case is likely to give rise to national publicity and widespread public concern;

        2. (bb)

           the case requires highly specialist knowledge;

        3. (cc)

           the case involves a significant international dimension;

        4. (dd)

           the case requires legal, accountancy and investigative skills to be brought together; and

     2. (ii)

        at least two of the following criteria—

        1. (aa)

           the value of the fraud exceeds £2million;

        2. (bb)

           the number of pages of prosecution evidence (excluding unused material) exceeds 10,000;

        3. (cc)

           the total cost of representing the assisted person is likely to exceed £250,000; and

        4. (dd)

           the trial is likely to last over 20 weeks;

  2. (b)

     in relation to a Non-Fraud Very High Cost Case,—

     1. (i)

        a case which is a class 1 offence, a class 2 offence or a serious drug offence;

     2. (ii)

        a case for which the maximum sentence for the offence is imprisonment for life or over 30 years;

     3. (iii)

        a case which is likely to attract national interest;

     4. (iv)

        where the case involves an offence of a violent or sexual nature, there are multiple victims or, if there is a sole victim, there is something significant about the crime;

     5. (v)

        where the case involves a drugs offence, their total value is estimated to exceed £10million;

     6. (vi)

        a case in which the number of pages of prosecution evidence (excluding unused material) exceeds 10,000; and

     7. (vii)

        a case in which the total cost of representing the assisted person is likely to exceed £400,000.

• “Category 3” means—

  1. (a)

     a Very High Cost Fraud Case which does not fall within Category 1 or Category 2; or

  2. (b)

     a Non-Fraud Very High Cost Case—

     1. (i)

        which fulfils at least three of the following criteria—

        1. (aa)

           the case involves a class 1 offence, a class 2 offence or a serious drug offence;

        2. (bb)

           the maximum sentence for the offence is imprisonment for life or over 30 years;

        3. (cc)

           the case is likely to attract national interest;

        4. (dd)

           where the case involves an offence of a violent or sexual nature, there are multiple victims or, if there is a sole victim, there is something significant about the crime; and

        5. (ee)

           where the case involves a drugs offence, their total value is estimated to exceed £10million; and

     2. (ii)

        in which—

        1. (aa)

           the number of pages of prosecution evidence (excluding unused material) exceeds 5,000; or

        2. (bb)

           the total cost of representing the assisted person is likely to exceed £200,000.

• “Category 4” means a Non-Fraud Very High Cost Case which does not fall within Category 1, Category 2 or Category 3;

• “Level A” means a fee earner who—

  1. (a)

     is a solicitor or employed barrister;

  2. (b)

     has not less than eight years post qualification experience; and—

     1. (i)

        in relation to a Very High Cost Fraud Case—

        1. (aa)

           has conducted a total of not less than 700 hours of work on cases involving allegations of fraud or serious financial impropriety in any two of the preceding three years; or

        2. (bb)

           has a recognised qualification in, or is able to demonstrate clear specialist experience in, a particular field which is relevant to a significant aspect of the case; or

     2. (ii)

        in relation to a Non-Fraud Very High Cost Case—

        1. (aa)

           has conducted a total of not less than 1,050 hours of work on other serious criminal cases over the preceding three years;

        2. (bb)

           has conducted a total of not less than 700 hours of work on other serious criminal cases in any two of the preceding three years; or

        3. (cc)

           has a recognised qualification in, or is able to demonstrate clear specialist experience in, a particular field which is relevant to a significant aspect of the case;

• “Level B” means a fee earner who—

  1. (a)

     is a solicitor, employed barrister or fellow of the Institute of Legal Executives; and

  2. (b)

     has substantial knowledge and experience of criminal defence work;

• “Level C” means a fee earner who—

  1. (a)

     is a trainee solicitor; or

  2. (b)

     is a Fellow of the Institute of Legal Executives, or any other fee earner, who does not fall within Level A or Level B;

• “Non-Fraud Very High Cost Case” means a Very High Cost Case which is not a Very High Cost Fraud Case;

• “pupil or other junior” means an advocate other than an advocate instructed under the representation order;

• “terrorism” has the meaning given in section 1 of the Terrorism Act 2000^f1 (terrorism: interpretation); and

• “Very High Cost Fraud Case” means a Very High Cost Case in which the offence with which the assisted person is charged is primarily, or substantially, founded on—

  1. (a)

     allegations of fraud or other serious financial impropriety; or

  2. (b)

     involves complex financial transactions or records.