Regulation 4 Claims for fees by advocates – Crown Court

Claims for fees by F1a trial advocate in proceedings in the Crown Court must be made and determined in accordance with the provisions of Schedule 1 to these Regulations.

A claim for fees under this regulation and Schedule 1 must be made by each F2trial advocate.

Subject to regulation 31, a claim by F3a trial advocate for fees in respect of work done pursuant to a section 16 determination must not be entertained unless F4the trial advocate submits it within three months of the conclusion of the proceedings to which it relates.

F5A trial advocate must submit a claim for fees to the appropriate officer in such form and manner as the appropriate officer may direct.

A trial advocate must supply such further information and documents as the appropriate officer may require.

Where a confiscation hearing under Part 2 of the Proceeds of Crime Act 2002 M1 (confiscation: England and Wales), section 2 of the Drug Trafficking Act 1994 M2 (confiscation orders) or section 71 of the Criminal Justice Act 1988 M3 (confiscation orders) is to be held more than 28 days after—

F6a trial advocate may submit any claim for fees in respect of the trial or guilty plea as soon as the trial has concluded or the guilty plea has been entered.

Where the section 16 determination provides for representation by—

and a QC agrees to appear as the single advocate or as a leading junior, that QC must be treated for all the purposes of these Regulations as having been instructed in relation to that determination, and the remuneration of that QC must be determined as if the advocate were not a QC.

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