Paragraph 17 Fees for special preparation

England and Wales

(1)

This paragraph applies where, in any case on indictment in the Crown Court in respect of which a graduated fee is payable under Part 2 or Part 3—

(a)

it has been necessary for an advocate to do work by way of preparation substantially in excess of the amount normally done for cases of the same type because the case involves a F1... F2very unusual or novel point of law F3or factual issueF4; or

F5(b)

the number of pages of prosecution evidence, as defined and determined in accordance with paragraph 1(2) to (5), exceeds—

(F6ai)

in cases falling within bands 2.1 and 2.2 (terrorism offences), 750;

(bi)

in cases falling within bands 3.1 to 3.5 (serious violence), 700;

(ci)

in cases falling within bands 4.1. to 4.3 (sexual offences, children), 750;

(di)

in cases falling within bands 5.1 to 5.3 (sexual offences, adult), 650;

(i)

in cases falling within bands 6.1 to 6.5 (dishonesty offences, including proceeds of crime and money laundering), 30,000;

(F7ia)

in cases falling within bands 7.1 to 7.3 (property damage offences), 550;

(ib)

in cases falling within band 8.1 (offences against the public interest, unless standard), 600;

(ii)

in cases falling within bands 9.1 to 9.7 (drugs offences), 15,000; or

(F8iia)

in cases falling within band 10.1 (driving offences), 800;

(iib)

in cases falling within bands 11.1 and 11.2 (burglary and robbery), 350;

(iic)

in cases falling within bands 12.1 to 12.3 (firearms offences), 750;

(iid)

in cases falling within band 13.1 (other offences against the person), 750;

(iie)

in cases falling within band 14.1 (exploitation/human trafficking offences), 350;

(iif)

in cases falling within bands 15.1 to 15.3 (public order offences), 150;

(iig)

in cases falling within bands 16.1 to 16.3 (regulatory offences), 300;

(iih)

in cases falling within band 17.1 (standard cases), 100;

(iii)

in all other cases, 10,000,

and the appropriate officer considers it reasonable to make a payment in excess of the graduated fee payable under this Schedule.

F9(c)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)

Where this paragraph applies, a special preparation fee may be paid, in addition to the graduated fee payable under Part 2 or Part 3.

(3)

The amount of the special preparation fee must be calculated—

(a)

where sub-paragraph (1)(a) applies, from the number of hours preparation in excess of the amount the appropriate officer considers reasonable for cases of the same type;

(b)

where sub-paragraph (1)(b) applies, from the number of hours which the appropriate officer considers reasonable to read the excess pages; F10...

F11(c)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

and in each case using the hourly fee rates set out in the table following paragraph 24 as appropriate to the category of trial advocate.

(4)

Any claim for a special preparation fee under this paragraph must be made by F12a trial advocate, whether or not F13the trial advocate did the work claimed for.

(5)

F14A trial advocate claiming a special preparation fee must supply such information and documents as may be required by the appropriate officer in support of the claim.

(6)

In determining a claim under this paragraph, the appropriate officer must take into account all the relevant circumstances of the case, including, where special preparation work has been undertaken by more than one advocate, the benefit of such work to the trial advocate.

F15(7)

In sub-paragraphs (4) and (5), where the main hearing is a trial, “trial advocate” means the 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 F16, 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: Words in Sch. 1 para. 17(1)(a) omitted (1.4.2018) by virtue of The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2018 (S.I. 2018/220), regs. 1, 19(a)(i) (with reg. 34)
F2: Words in Sch. 1 para. 17(1)(a) inserted (31.12.2018) by The Criminal Legal Aid (Remuneration) (Amendment) (No. 2) Regulations 2018 (S.I. 2018/1323), regs. 1, 12(a) (with reg. 17)
F3: Words in Sch. 1 para. 17(1)(a) inserted (31.12.2018) by The Criminal Legal Aid (Remuneration) (Amendment) (No. 2) Regulations 2018 (S.I. 2018/1323), regs. 1, 12(b) (with reg. 17)
F4: Word in Sch. 1 para. 17(1)(a) substituted (1.4.2018) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2018 (S.I. 2018/220), regs. 1, 19(a)(ii) (with reg. 34)
F5: Sch. 1 para. 17(1)(b) substituted (1.4.2018) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2018 (S.I. 2018/220), regs. 1, 19(b) (with reg. 34)
F6: Sch. 1 para. 17(1)(b)(ai)-(di) inserted (17.9.2020) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2020 (S.I. 2020/903), regs. 1(2), 4(10)(a) (with reg. 7)
F7: Sch. 1 para. 17(1)(b)(ia)(ib) inserted (17.9.2020) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2020 (S.I. 2020/903), regs. 1(2), 4(10)(b) (with reg. 7)
F8: Sch. 1 para. 17(1)(b)(iia)-(iih) inserted (17.9.2020) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2020 (S.I. 2020/903), regs. 1(2), 4(10)(c) (with reg. 7)
F9: Sch. 1 para. 17(1)(c) omitted (1.4.2018) by virtue of The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2018 (S.I. 2018/220), regs. 1, 19(c) (with reg. 34)
F10: Word in Sch. 1 para. 17(3)(b) omitted (1.4.2018) by virtue of The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2018 (S.I. 2018/220), regs. 1, 19(d) (with reg. 34)
F11: Sch. 1 para. 17(3)(c) omitted (1.4.2018) by virtue of The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2018 (S.I. 2018/220), regs. 1, 19(e) (with reg. 34)
F12: Words in Sch. 1 para. 17(4) substituted (5.5.2015) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2015 (S.I. 2015/882), regs. 1, 2(3)(f) (with reg. 3)
F13: Words in Sch. 1 para. 17(4) substituted (5.5.2015) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2015 (S.I. 2015/882), regs. 1, 2(6)(d) (with reg. 3)
F14: Words in Sch. 1 para. 17(5) substituted (5.5.2015) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2015 (S.I. 2015/882), regs. 1, 2(4)(c) (with reg. 3)
F15: Sch. 1 para. 17(7) inserted (5.5.2015) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2015 (S.I. 2015/882), regs. 1, 2(16)(b) (with reg. 3)
F16: Words in Sch. 1 para. 17(7)(b) inserted (1.2.2023) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2023 (S.I. 2023/97), regs. 1(1), 2(8) (with reg. 3)