Paragraph 20 Fees for appeals, committals for sentence and breach hearings

England and Wales

(1)

Subject to sub-paragraphs F1(4) to (7) and paragraph 26 the fee payable to a trial advocate in any of the hearings referred to in paragraph 2(1)(b) is the fixed fee specified in the table following paragraph 24.

(2)

Where a hearing referred to in paragraph 2(1)(b) 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, the fee payable to the advocate is the fixed fee specified in the table following paragraph 24.

(3)

Where—

(a)

a bail application;

(b)

a mention hearing; or

(c)

any other application,

takes place in the course of a hearing referred to in paragraph 2(1)(b), the fee payable to the advocate is the fixed fee specified in the table following paragraph 24.

(4)

Where it appears to the appropriate officer that the fixed fee allowed under sub-paragraph (1) would be inappropriate taking into account all of the relevant circumstances of the case the appropriate officer may instead allow fees of such amounts as appear to the appropriate officer to be reasonable remuneration for the relevant work in accordance with sub-paragraph (5).

(5)

The appropriate officer may allow any of the following classes of fees to an advocate in respect of work allowed by the appropriate officer under this paragraph—

(a)

a fee for preparation including, where appropriate, the first day of the hearing including, where they took place on that day—

(i)

short conferences;

(ii)

consultations;

(iii)

applications and appearances (including bail applications);

(iv)

views at the scene of the alleged offence; and

(v)

any other preparation;

(b)

a refresher fee for any day or part of a day for which a hearing continued, including, where they took place on that day—

(i)

short conferences;

(ii)

consultations;

(iii)

applications and appearances (including bail applications);

(iv)

views at the scene of the alleged offence; and

(v)

any other preparation; and

(c)

subsidiary fees for—

(i)

attendance at conferences, consultations and views at the scene of the alleged offence not covered by paragraph (a) or (b);

(ii)

written advice on evidence, plea, appeal, case stated or other written work; and

(iii)

attendance at applications and appearances (including bail applications and adjournments for sentence) not covered by paragraph (a) or (b).

F2(6)

Sub-paragraph (7) applies where the hearing—

(a)

is an appeal from a magistrates’ court;

(b)

is heard in the Crown Court; and

(c)

lasts for more than one day.

(7)

Where this sub-paragraph applies, the fee payable to the advocate—

(a)

for the first day of the hearing, is the basic fee for band 17.1, set out in the table following paragraph 5, for the category of the advocate concerned;

(b)

for the second day, and any subsequent days, of the hearing, is the daily attendance fee for band 17.1, set out in the table following paragraph 5A, for the category of the advocate concerned.

Annotations

Textual amendments

F1: Words in Sch. 1 para. 20(1) substituted (1.4.2018) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2018 (S.I. 2018/220), regs. 1, 22(a) (with reg. 34)
F2: Sch. 1 para. 20(6)(7) inserted (1.4.2018) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2018 (S.I. 2018/220), regs. 1, 22(b) (with reg. 34)