Regulation 5 Amendment of Schedule 2

Schedule 2 (litigators’ graduated fee scheme) is amended as follows.

In paragraph 1(1), after the definition of “PPE Cut-off” insert—

• “;

• “unused material” means material disclosed pursuant to the prosecutors’ obligations in Part 1 of the Criminal Procedure and Investigations Act 1996, but does not include—

  1. (a)

     witness statements;

  2. (b)

     documentary and pictorial exhibits;

  3. (c)

     records of interviews with the assisted person; and

  4. (d)

     records of interviews with other defendants”.

After paragraph 20 insert—

“Fees for consideration of unused material

20A.

(1)

This paragraph applies in respect of any case on indictment in the Crown Court, in respect of which a graduated fee is payable under Part 2, other than a guilty plea.

(2)

In any case to which this paragraph applies, a fee (“the basic consideration fee”) is payable to a litigator in respect of the consideration of unused material which corresponds to the grade of the litigator concerned specified in the table following this sub-paragraph, whether or not such consideration has actually occurred.

Grade of litigator	Amount of the basic consideration fee for a fee earner whose office is not situated within the City of London or a London Borough	Amount of the basic consideration fee for a fee earner whose office is situated within the City of London or a London Borough
Senior solicitor	£72.54	£76.31
Solicitor, legal executive or fee earner of equivalent experience	£61.59	£64.68
Trainee or fee earner of equivalent experience	£40.73	£46.55

(3)

This sub-paragraph applies where—

(a)

a litigator has undertaken the consideration of unused material; and

(b)

the litigator has spent in excess of three hours undertaking that consideration.

(4)

In a case where sub-paragraph (3) applies—

(a)

a fee (“the additional fee”) is payable to the litigator in addition to the basic consideration fee; and

(b)

the amount of the additional fee corresponds to the grade of fee earner concerned specified in the table following paragraph 27.

(5)

The additional fee is payable only where the appropriate officer considers it reasonable to make such a payment.

(6)

A litigator claiming the additional fee must supply such information and documents as may be required by the appropriate officer in support of the claim.

(7)

In determining whether it is reasonable to pay the additional fee, the appropriate officer must take into account—

(a)

the reasonableness of the hours claimed in respect of the case taken as a whole; and

(b)

the reasonableness of the hours claimed in respect of the consideration of the unused material.”.

In the table in paragraph 27, after the entry relating to “preparation” insert—

“

Consideration of unused material in excess of 3 hours	Senior solicitor	£48.36 per hour	£50.87 per hour for a fee earner whose office is situated within the City of London or a London Borough
	Solicitor, legal executive or fee earner of equivalent experience	£41.06 per hour	£43.12 per hour for a fee earner whose office is situated within the City of London or a London Borough
	Trainee or fee earner of equivalent experience	£27.15 per hour	£31.03 per hour for a fee earner whose office is situated within the City of London or a London Borough

”.