Paragraph 1 Interpretation

In this Schedule—

• “case” means proceedings in the Crown Court against any one assisted person—

  1. (a)

     on one or more counts of a single indictment;

  2. (b)

     arising out of a single notice of appeal against conviction or sentence, or a single committal for sentence, whether on one or more charges; or

  3. (c)

     arising out of a single alleged breach of an order of the Crown Court,

  and a case falling within paragraph (c) must be treated as a separate case from the proceedings in which the order was made;

• “cracked trial” means a case on indictment in which—

  1. (a)

     F1the assisted person enters a plea of not guilty to one or more counts at the first hearing at which he or she enters a plea and—

     1. (i)

        the case does not proceed to trial (whether by reason of pleas of guilty or for other reasons) or the prosecution offers no evidence; and

     2. (ii)

        either—

     3. (aa)

        in respect of one or more counts to which the assisted person pleaded guilty, the assisted person did not so plead at F2first hearing at which he or she entered a plea; or

     4. (bb)

        in respect of one or more counts which did not proceed, the prosecution did not, before or at the F3first hearing at which the assisted person entered a plea, declare an intention of not proceeding with them; or

  2. (b)

     the case is listed for trial without a F4hearing at which the assisted person enters a plea;

• F5“excluded hearing” means—

  1. (a)

     the first hearing at which the assisted person enters a plea;

  2. (b)

     any hearing which forms part of the main hearing, or

  3. (c)

     any hearing for which a fee is payable under a provision of this Schedule other than paragraph 12(2);

• “guilty plea” means a case on indictment which—

  1. (a)

     is disposed of without a trial because the assisted person pleaded guilty to one or more counts; and

  2. (b)

     is not a cracked trial;

• F6...

• “Newton Hearing” means a hearing at which evidence is heard for the purpose of determining the sentence of a convicted person in accordance with the principles of R v Newton (1982) 77 Cr App R 13;

• “standard appearance” means an appearance by the trial advocate or substitute advocate in any of the following hearings F7unless it is an excluded hearing—

  1. (a)

     F8...

  2. (b)

     a pre-trial review;

  3. (ba)

     F9F10...

  4. (bb)

     a case management hearing;

  5. (c)

     the hearing of a case listed for plea which is adjourned for trial;

  6. (d)

     any hearing (except a trial, F11the first hearing at which the assisted person enters a plea or a hearing referred to in paragraph 2(1)(b)) which is listed but cannot proceed because of the failure of the assisted person or a witness to attend, the unavailability of a pre-sentence report or other good reason;

  7. (e)

     custody time limit applications;

  8. (f)

     bail and other applications (except where any such applications take place in the course of a hearing referred to in paragraph 2(1)(b));

  9. (g)

     the hearing of the case listed for mention only, including applications relating to the date of the trial (except where an application takes place in the course of a hearing referred to in paragraph 2(1)(b));

  10. (h)

      F12...

  11. (i)

      a preliminary hearing; or

  12. (j)

      a hearing, whether contested or not, relating to breach of bail, failure to surrender to bail or execution of a bench warrant,

  provided that a fee is not payable elsewhere under this Schedule in respect of the hearing;

• “substitute advocate” means an advocate who is not an instructed advocate or the trial advocate but who undertakes work on the case; F13...

• ...

• F14“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.

For the purposes of this Schedule, the number of pages of prosecution evidence served on the court must be determined in accordance with sub-paragraphs (3) to (5).

The number of pages of prosecution evidence includes all—

which form part of the F15... served prosecution documents or which are included in any notice of additional evidence.

Subject to sub-paragraph (5), a document served by the prosecution in electronic form is included in the number of pages of prosecution evidence.

A documentary or pictorial exhibit which—

is not included within the number of pages of prosecution evidence unless the appropriate officer decides that it would be appropriate to include it in the pages of prosecution evidence taking into account the nature of the document and any other relevant circumstances.

In proceedings on indictment in the Crown Court initiated otherwise than by F16sending for trial, the appropriate officer must determine the number of pages of prosecution evidence in accordance with sub-paragraphs (2) to (5) or as nearly in accordance with those sub-paragraphs as possible as the nature of the case permits.

A reference in this Schedule to a “band” is to the band of the offence concerned set out in Table B in the AGFS Banding Document, as read in conjunction with Table A in that document.

Where the band within which an offence described in Table B in the AGFS Banding Document falls depends on the facts of the case, the band within which the offence falls is to be determined by reference to Table A in that document.