# The Criminal Defence Service (Very High Cost Cases) (Funding) Order 2013

S.I. 2013/2804 · made 31 October 2013

This Order provides for the remuneration of services provided under Part 1 of the Access to Justice Act 1999 (c.22) as part of the Criminal Defence Service. It applies to Very High Cost Cases which are the subject of a contract made between the Commission and members of the Very High Case Contract (Crime) Panel (“the 2008 panel”) and dated 14th January 2008 (as amended on 13th November 2008, 15th December 2008 and 5th May 2009) (“2008 VHCC contract”) or a 2010 VHCC contract.

Made under: Access to Justice Act 1999 (Section 14, Section 25)

PDFs: Printed copy https://openlegislation.uk/criminal-defence-service-very-high-cost-cases-funding-order-2013/pdf/uksi_20132804_en.pdf; UK Explanatory Memorandum https://openlegislation.uk/criminal-defence-service-very-high-cost-cases-funding-order-2013/pdf/uksiem_20132804_en.pdf

## Introductory text

Legal Aid And Advice, England And Wales
Made 31st October 2013
Laid before Parliament 1st November 2013
Coming into force 2nd December 2013
The Lord Chancellor makes the following Order in exercise of the powers conferred by sections 14(3) and 25(8) and (8A) of the Access to Justice Act 1999.

## 1 Citation and commencement

This Order may be cited as the Criminal Defence Service (Very High Cost Cases) (Funding) Order 2013 and comes into force on 2nd December 2013.

## 2 Application

This Order applies in relation to fees for work undertaken on or after 2nd December 2013.

## 3 Amendment to paragraph 25 of Schedule 2 to the Criminal Defence Service (Funding) Order 2007

(1) The Criminal Defence Service (Funding) Order 2007 is amended as follows.
(2) For the first two tables following paragraph 25 of Schedule 2 substitute—
“
Preparation (hourly rates)
Category 1
£
Category 2
£
Category 3
£
Category 4
£
Counsel
QC
106.75
83.30
66.85
66.85
Leading junior
93.10
73.15
58.45
58.45
Led junior
66.85
53.20
45.50
45.50
Junior alone
73.15
59.85
51.80
51.80
2nd led junior
46.90
37.10
32.20
32.20
Solicitor-advocate
Leading level A
106.75
83.30
66.85
66.85
Led level A
93.10
73.15
58.45
58.45
Leading level B
93.10
73.15
58.45
58.45
Led level B
77.00
63.35
48.30
48.30
Level A alone
96.60
80.50
65.45
65.45
Level B alone
81.20
69.65
54.95
54.95
Second advocate
46.90
37.10
32.20
32.20
Advocacy
Preliminary hearing
£
Half day
£
Full day
£
QC
83.30
175.00
350.00
Leading junior
63.35
143.68
287.00
Led junior
42.70
92.93
185.85
Junior alone
49.00
105.00
210.00
2nd led junior
24.85
47.25
94.50
Noting junior
21.35
40.25
80.50.
”.
(3) Subject to paragraph (4), the amendments made by this article apply to work done pursuant to any Task List agreed between the litigator and the Lord Chancellor on or after 2nd December 2013.
(4) The amendments made by this article do not apply to work done in a case in which—
(a) the court has set a trial date before 2nd December 2013; and
(b) that trial date is on or before 31st March 2014.
(5) For the purpose of paragraph (4), any adjournment or postponement of a trial which takes place after the trial date is set must be disregarded.
(6) In this article, “Task List” has the meaning given in the contract made between the Commission and members of the Very High Cost Case (Crime) Panel and dated 14th January 2008, as amended on 13th November 2008, 15th December 2008 and 5th May 2009.

## 4 Proceedings which are the subject of the contracts for members of the Very High Cost Case (Crime) Panel

(1) Fees in a relevant case must be paid—
(a) in accordance with the terms of a contract referred to in paragraph (2); and
(b) at the rates set out for the appropriate category and level of representative set out in Schedule 1 to this Order.
(2) In this article, a relevant case means a case which is the subject of a contract made between the Commission and members of the Very High Cost Case (Crime) Panel and dated 14th January 2008, as amended on 13th November 2008, 15th December 2008 and 5th May 2009.
(3) In this article and Schedule 1, the “Very High Cost Case (Crime) Panel” means the panel set up by the Commission from which representatives were chosen to provide representation in Very High Cost Cases.

## 5 Proceedings which are the subject of a 2010 VHCC contract

(1) Fees in a relevant case must be paid—
(a) in accordance with the terms of the 2010 VHCC contract; and
(b) at the rates set out for the appropriate category and level of representative set out in Schedule 2 to this Order.
(2) In this article, a relevant case means a case which is the subject of a 2010 VHCC contract;
(3) In this article and Schedule 2, “2010 VHCC contract” means the contract so named between the Commission and a provider of services consisting of representation in criminal proceedings.

## Signature

Signed by authority of the Lord Chancellor
Shailesh Vara
Parliamentary Under Secretary of State
Ministry of Justice
31st October 2013

### Part 1: Interpretation and Application

## 1 Interpretation

(1) In this Schedule—
(a) “contract” means the contract made between the Commission and members of the Very High Cost Case (Crime) Panel and dated 14th January 2008, as amended on 13th November 2008, 15th December 2008 and 5th May 2009;
(b) a reference to a level is a reference to a level as described in the contract;
(c) a reference to a category is a reference to that category as described in the contract;
(d) the standard rates apply to work as described in the contract;
(e) the full day rate applies where the advocate is in court for more than 3.5 hours;
(f) the half day rate applies where the advocate is in court—
(i) at trial for 3.5 hours or less; or
(ii) for any hearing lasting for more than 2 hours, other than a trial, to which the full day rate does not apply; and
(g) the preliminary hearing rate applies where a hearing, other than a trial, lasts two hours or less.
(2) In Table 2, a reference to a junior includes a solicitor-advocate.

## 2 Application

(1) Part 2 of this Schedule applies to work done pursuant to any Task List agreed between a member of the Very High Cost Case (Crime) Panel and the Lord Chancellor before 2nd December 2013.
(2) Subject to sub-paragraph (3), Part 3 of this Schedule applies to work done pursuant to any Task List agreed between a member of the Very High Cost Case (Crime) Panel and the Lord Chancellor on or after 2nd December 2013.
(3) Part 2 of the Schedule applies to work done in a case in which—
(a) the court has set a trial date before 2nd December 2013; and
(b) that trial date is on or before 31st March 2014.
(4) For the purpose of sub-paragraph (3), any adjournment or postponement of a trial which takes place after the trial date is set must be disregarded.
(5) In this paragraph, “Task List” has the meaning given in the contract.

## 2 

Table 1
Preparation (hourly rates)
Category 1
£
Category 2
£
Category 3
£
Category 4
£
Standard rates
£
Solicitor
Level A
152.50
119.00
95.50
95.50
55.75
Level B
133.00
104.50
83.50
83.50
47.25
Level C
88.50
69.00
54.00
54.00
34.00
Pupil/junior
48.00
38.50
31.50
31.50
Counsel
QC
152.50
119.00
95.50
95.50
Leading junior
133.00
104.50
83.50
83.50
Led junior
95.50
76.00
65.00
65.00
Junior alone
104.50
85.50
74.00
74.00
2nd led junior
67.00
53.00
46.00
46.00
Solicitor Advocate
Leading level A
152.50
119.00
95.50
95.50
Led level A
133.00
104.50
83.50
83.50
Leading level B
133.00
104.50
83.50
83.50
Led level B
110.00
90.50
69.00
69.00
Level A alone
138.00
115.00
93.50
93.50
Level B alone
116.00
99.50
78.50
78.50
Second advocate
67.00
53.00
46.00
46.00
Table 2 Advocacy
Preliminary hearing
£
Half day
£
Full day
£
QC
119.00
250.00
500.00
Leading junior
90.50
205.25
410.50
Led junior
61.00
132.75
265.50
Junior alone
70.00
150.00
300.00
2nd led junior
35.50
67.50
135.00
Noting junior
30.50
57.50
115.00
Table 3 Attendance at court with Counsel (hourly rates for solicitors)
£
Level A
42.25
Level B
34.00
Level C
20.50
Table 4 Travelling, waiting and mileage
£
Travelling
25 per hour (up to a maximum of 4 hours in one day)
Waiting
25 per hour
Mileage
0.45 per mile

## 3 

Table 1
Preparation (hourly rates)
Category 1
£
Category 2
£
Category 3
£
Category 4
£
Standard rates
£
Solicitor
Level A
106.75
83.30
66.85
66.85
39.03
Level B
93.10
73.15
58.45
58.45
33.08
Level C
61.95
48.30
37.80
37.80
23.80
Pupil/junior
33.60
26.95
22.05
22.05
Counsel
QC
106.75
83.30
66.85
66.85
Leading junior
93.10
73.15
58.45
58.45
Led junior
66.85
53.20
45.50
45.50
Junior alone
73.15
59.85
51.80
51.80
2nd led junior
46.90
37.10
32.20
32.20
Solicitor Advocate
Leading level A
106.75
83.30
66.85
66.85
Led level A
93.10
73.15
58.45
58.45
Leading level B
93.10
73.15
58.45
58.45
Led level B
77.00
63.35
48.30
48.30
Level A alone
96.60
80.50
65.45
65.45
Level B alone
81.20
69.65
54.95
54.95
Second advocate
46.90
37.10
32.20
32.20
Table 2
Advocacy
Preliminary hearing
£
Half day
£
Full day
£
QC
83.30
175.00
350.00
Leading junior
63.35
143.68
287.00
Led junior
42.70
92.93
185.85
Junior alone
49.00
105.00
210.00
2nd led junior
24.85
47.25
94.50
Noting junior
21.35
40.25
80.50
Table 3
Attendance at court with Counsel (hourly rates for solicitors)
£
Level A
29.58
Level B
23.80
Level C
14.35
Table 4
Travelling, waiting and mileage
£
Travelling
25 per hour (up to a maximum of 4 hours in one day)
Waiting
25 per hour
Mileage
0.45 per mile

### Part 1: Interpretation and Application

## 1 Interpretation

(1) In this Schedule—
(a) a reference to a level is a reference to that level as defined in the 2010 VHCC contract;
(b) a reference to a category is a reference to that category as defined in that contract;
(c) the standard rates apply to work as described in the 2010 VHCC Contract Guidance; and
(d) the preliminary hearing, half day and full day rates apply as described in that guidance.
(2) In Table 2, a reference to a junior includes a solicitor-advocate.

## 2 Application

(1) Part 2 of this Schedule applies to work done pursuant to any Task List agreed between a provider of services and the Lord Chancellor before 2nd December 2013.
(2) Subject to sub-paragraph (3), Part 3 of this Schedule applies to work done pursuant to any new Task List agreed between a provider of services and the Lord Chancellor on or after 2nd December 2013.
(3) Part 2 of the Schedule applies to work done in a case in which—
(a) the court has set a trial date before 2nd December 2013; and
(b) that trial date is on or before 31st March 2014.
(4) For the purpose of sub-paragraph (3), any adjournment or postponement of a trial which takes place after the trial date is set must be disregarded.
(5) In this paragraph, “Task List” has the meaning given in the 2010 VHCC contract.

## 2 

Table 1
Preparation (hourly rates)
Category 1
£
Category 2
£
Category 3
£
Category 4
£
Standard rates
£
Litigator
Level A
145.00
113.00
91.00
91.00
55.75
Level B
127.00
100.00
79.00
79.00
47.25
Level C
84.00
65.00
51.00
51.00
34.00
Pupil/junior
45.00
36.00
30.00
30.00
Barrister
QC
145.00
113.00
91.00
91.00
Leading junior
127.00
100.00
79.00
79.00
Led junior
91.00
73.00
61.00
61.00
Junior alone
100.00
82.00
70.00
70.00
2nd led junior
63.00
50.00
43.00
43.00
Solicitor Advocate
Leading level A
145.00
113.00
91.00
91.00
Led level A
127.00
100.00
79.00
79.00
Leading level B
127.00
100.00
79.00
79.00
Led level B
104.00
86.00
66.00
66.00
Level A alone
131.00
109.00
88.00
88.00
Level B alone
113.00
95.00
75.00
75.00
Second advocate
63.00
50.00
43.00
43.00
Table 2
Advocacy
Preliminary hearing
£
Half day
£
Full day
£
QC
113.00
238.00
476.00
Leading junior
86.00
195.00
390.00
Led junior
58.00
126.00
252.00
Junior alone
67.00
143.00
285.00
2nd led junior
34.00
64.00
128.00
Noting junior
29.00
55.00
109.00
Table 3
Attendance at court with Counsel (hourly rates for solicitors)
£
Level A
42.25
Level B
34.00
Level C
20.50
Table 4
Travelling, waiting and mileage
£
Travelling
25 per hour (up to a maximum of 4 hours in one day)
Waiting
25 per hour
Mileage
0.45 per mile

## 3 

Table 1
Preparation (hourly rates)
Category 1
£
Category 2
£
Category 3
£
Category 4
£
Standard rates
£
Litigator
Level A
101.50
79.10
63.70
63.70
39.03
Level B
88.90
70.00
55.30
55.30
33.08
Level C
58.80
45.50
35.70
35.70
24.50
Pupil/junior
31.50
25.20
21.00
21.00
Barrister
QC
101.50
79.10
63.70
63.70
Leading junior
88.90
70.00
55.30
55.30
Led junior
63.70
51.10
42.70
42.70
Junior alone
70.00
57.40
49.00
49.00
2nd led junior
44.10
35.00
30.10
30.10
Solicitor Advocate
Leading level A
101.50
79.10
63.70
63.70
Led level A
88.90
70.00
55.30
55.30
Leading level B
88.90
70.00
55.30
55.30
Led level B
72.80
60.20
46.20
46.20
Level A alone
91.70
76.30
61.60
61.60
Level B alone
79.10
66.50
52.50
52.50
Second advocate
44.10
35.00
30.10
30.10
Table 2
Advocacy
Preliminary hearing
£
Half day
£
Full day
£
QC
79.10
166.60
333.20
Leading junior
60.20
136.50
273.00
Led junior
40.60
88.20
176.40
Junior alone
46.90
100.10
199.50
2nd led junior
23.80
44.80
89.60
Noting junior
20.30
38.50
76.30
Table 3
Attendance at court with Advocate (hourly rates for litigators)
£
Level A
29.58
Level B
23.80
Level C
14.35
Table 4
Travelling, waiting and mileage
£
Travelling (hourly rates)
25.00 (up to a maximum of 4 hours in one day)
Waiting (hourly rates)
25.00
Mileage
0.45 per mile

## Explanatory note

(This note is not part of the Order)
This Order provides for the remuneration of services provided under Part 1 of the Access to Justice Act 1999 (c.22) as part of the Criminal Defence Service. It applies to Very High Cost Cases which are the subject of a contract made between the Commission and members of the Very High Case Contract (Crime) Panel (“the 2008 panel”) and dated 14th January 2008 (as amended on 13th November 2008, 15th December 2008 and 5th May 2009) (“2008 VHCC contract”) or a 2010 VHCC contract.
This Order applies in relation to fees for work undertaken on or after 2 December 2013. It provides for new, reduced fees payable for work done pursuant to any Task List agreed between a member of the 2008 panel or a provider under a 2010 VHCC contract and the Lord Chancellor on or after 2nd December 2013. The previous fees will continue to apply to work done pursuant to a Task List agreed before 2nd December 2013 and in any case where, before 2nd December 2013, the court has set a date for trial which is on or before 31st March 2014. The amendment made to the Criminal Defence Service (Funding) Order 2007 (S.I. 2007/1174) provides for the rates applicable to advocates who are not members of the 2008 panel.
A full impact assessment of the effect of the policy implemented by this instrument on the costs of business and the voluntary sector was produced with the Government’s response to consultation, Transforming Legal Aid: Next Steps, and is available at https://consult.justice.gov.uk/.

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Source: https://www.legislation.gov.uk/uksi/2013/2804 (the official version)
Page: https://openlegislation.uk/criminal-defence-service-very-high-cost-cases-funding-order-2013
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.