Paragraph 26 Payment of fees to instructed advocate
England and Wales
In accordance with regulation 23 the appropriate officer must notify each F1trial advocate of the total fees payable and authorise payment to the trial advocate accordingly.
Payment of the fees in accordance with sub-paragraph (1) must be made to each trial advocate.
Where the section 16 determination provides for representation by a single advocate, the trial advocate is responsible for arranging payment of fees to the F2instructed advocate and any substitute advocate who has undertaken work on the case.
Where there are two trial advocates for an assisted person, payment must be made to each trial advocate individually, and—
the leading trial advocate is responsible for arranging payment of fees to the instructed advocate and any substitute advocate who have undertaken work on the case of a type for which a leading advocate is responsible; and
the led trial advocate is responsible for arranging payment of fees to the instructed advocate and any substitute advocate who have undertaken work on the case of a type for which a led advocate is responsible.
In this paragraph, where the main hearing is a trial, “trial advocate” means an advocate who—
is instructed pursuant to a section 16 determination to represent the assisted person at the trial, and
attends the first day of the trial F4, and for this purpose “trial” excludes any cross-examination or re-examination to which paragraph 13A(3) of Schedule 1 applies.
This paragraph does not apply to a claim for fees under paragraph 32, 33 or 34.
Annotations
Textual amendments
- F1
Word in Sch. 1 para. 26 substituted (5.5.2015) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2015 (S.I. 2015/882), regs. 1, 2(5)(d) (with reg. 3)
- F2
Word in Sch. 1 para. 26 substituted (5.5.2015) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2015 (S.I. 2015/882), regs. 1, 2(16)(d)(i) (with reg. 3)
- F3
Sch. 1 para. 26(4A) inserted (5.5.2015) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2015 (S.I. 2015/882), regs. 1, 2(16)(d)(ii) (with reg. 3)
- F4
Words in Sch. 1 para. 26(4A)(b) inserted (16.5.2023) by The Criminal Legal Aid (Remuneration) (Amendment) (No. 3) Regulations 2023 (S.I. 2023/542), regs. 1(b), 3(3) (with reg. 4)