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Regulation 23 Payment of fees to advocates – Crown Court

England and Wales

(1)

Having determined the fees payable to each F1trial advocate, in accordance with Schedule 1, the appropriate officer must notify each trial advocate of the fees payable and authorise payment accordingly.

(2)

Where, as a result of any redetermination or appeal made or brought pursuant to regulations 28 to 30, the fees payable under paragraph (1) are altered—

(a)

if they are increased, the appropriate officer must authorise payment of the increase; or

(b)

if they are decreased, F2the trial advocate must repay the amount of such decrease.

(3)

Where the payment of any fees of F3a trial advocate is ordered under regulation 29(12) or regulation 30(8), the appropriate officer must authorise payment.

F4(4)

In this regulation, where the main hearing is a trial, “trial advocate” means an advocate who—

(a)

is instructed pursuant to a section 16 determination to represent the assisted person at the trial, and

(b)

attends the first day of the trial F5, and for this purpose “trial” excludes any cross-examination or re-examination to which paragraph 13A(3) of Schedule 1 applies.

Annotations

Textual amendments

F1

Word in reg. 23(1) substituted (5.5.2015) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2015 (S.I. 2015/882), regs. 1, 2(5)(c) (with reg. 3)

F2

Words in reg. 23(2)(b) substituted (5.5.2015) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2015 (S.I. 2015/882), regs. 1, 2(6)(c) (with reg. 3)

F3

Words in reg. 23(3) substituted (5.5.2015) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2015 (S.I. 2015/882), regs. 1, 2(3)(e) (with reg. 3)

F4

Reg. 23(4) inserted (5.5.2015) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2015 (S.I. 2015/882), regs. 1, 2(12) (with reg. 3)

F5

Words in reg. 23(4)(b) inserted (1.2.2023) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2023 (S.I. 2023/97), regs. 1(1), 2(6) (with reg. 3)