OpenLegislation

Paragraph 6 Determination of advocate’s fees

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

(1)

The appropriate officer must consider the claim, any further particulars and information submitted by an advocate under paragraph 5 and any other relevant information and must allow such work as appears to him to have been reasonably done.

(2)

The appropriate officer may allow any of the following classes of fee to an advocate in respect of work allowed by him under this paragraph—

(a)

a basic fee for preparation including preparation for a pre-trial review and, where appropriate, the first day’s hearing including, where they took place on that day, short conferences, consultations, applications and appearances (including bail applications), views and any other preparation;

(b)

a refresher fee for any day or part of a day during which a hearing continued, including, where they took place on that day, short conferences, consultations, applications and appearances (including bail applications), views at the scene of the alleged offence and any other preparation;

(c)

subsidiary fees for—

(i)

attendance at conferences, consultations and views at the scene of the alleged offence not covered by paragraph (a) or (b);

(ii)

written advice on evidence, plea or appeal or other written work; and

(iii)

attendance at pre-trial reviews, applications and appearances (including bail applications and adjournments for sentence) not covered by paragraph (a) or (b).

(3)

Where a representation order provides for representation by—

(a)

a single advocate other than a QC and a QC agrees to appear as the single advocate; or

(b)

two advocates other than QC, and a QC agrees to appear as a leading junior,

that QC must be treated for all the purposes of this Schedule as having been instructed under that representation order, and his remuneration must be determined as if he were not a QC.