{
  "url": "https://openlegislation.uk/criminal-legal-aid-remuneration-regulations-2013/schedule-2/paragraph-13",
  "json_url": "https://openlegislation.uk/criminal-legal-aid-remuneration-regulations-2013/schedule-2/paragraph-13.json",
  "legislation": "uksi/2013/435",
  "legislation_title": "The Criminal Legal Aid (Remuneration) Regulations 2013",
  "legislation_url": "https://openlegislation.uk/criminal-legal-aid-remuneration-regulations-2013",
  "path": "schedule/2/paragraph/13",
  "kind": "paragraph",
  "number": "13",
  "heading": "Retrials and Transfers",
  "text": "(1) Where following a trial an order is made for a retrial and the same litigator acts for the assisted person at both trials the fee payable to that litigator is—\n(a) in respect of the first trial, a fee calculated in accordance with the provisions of this Schedule; and\n(b) in respect of the retrial, 25% of the fee, as appropriate to the circumstances of the retrial, in accordance with the provisions of this Schedule.\n(2) Where—\n(a) a case is transferred to a new litigator; or\n(b) a retrial is ordered and a new litigator acts for the assisted person at the retrial,\nthe fee payable to the original litigator and the new litigator is a percentage of the total fee, calculated in accordance with the table following this paragraph, as appropriate to the circumstances and timing of the retrial, transfer or withdrawal of the section 16 determination.\n(3) In sub-paragraph (2), “transfer” includes the making of a section 16 determination in favour of an individual who, immediately before the making of the section 16 determination—\n(a) had represented themselves; or\n(b) had been represented (otherwise than pursuant to a section 16 determination) by the litigator named in the order,\nand for the purposes of that sub-paragraph the litigator is to be treated as a new litigator.\n(4) For the purposes of sub-paragraph (2), a case is not transferred to a new litigator where—\n(a) a firm of solicitors is named as litigator in the representation order and the solicitor or other appropriately qualified person with responsibility for the case moves to another firm;\n(b) a firm of solicitors is named as litigator in the representation order and the firm changes (whether by merger or acquisition or in some other way), but so that the new firm remains closely related to the firm named in the order; or\n(c) a solicitor or other appropriately qualified person is named as litigator in the representation order and responsibility for the case is transferred to another solicitor or appropriately qualified person in the same firm or a closely related firm.\n(5) For the purposes of sub-paragraph (2), where a case which has been transferred to a new litigator is transferred again, that new litigator—\n(a) must be treated as the original litigator, where the transfer takes place at any time before the trial or any retrial;\n(b) must be treated as a new litigator, where the transfer takes place during the trial or any retrial; and\n(c) must not receive any fee, where the transfer takes place after the trial or any retrial but before the sentencing hearing.\n(6) Where a section 16 determination is withdrawn before the case ends, a litigator must receive a percentage of the total fee, in accordance with the table following this paragraph, as appropriate to the circumstances and timing of a transfer.\n(7) In the table following this paragraph, the total fee means—\n(a) in a case to which Part 1A applies, the fixed fee determined in accordance with paragraph 3AA;\n(b) in a trial in a case to which Part 2 applies, where the number of pages of prosecution evidence is less than or equal to the PPE Cut-off specified in the table following paragraph 5, the basic fee specified in the table following paragraph 7(2) plus the length of trial proxy specified in the table following paragraph 7(3);\n(c) in a cracked trial or guilty plea in a case to which Part 2 applies, ... the final fee as calculated in accordance with paragraph 8(2);\n(d) in a trial in a case to which Part 2 applies, where the number of pages of prosecution evidence exceeds the PPE Cut-off specified in the table following paragraph 5, the final fee, as calculated in accordance with paragraph 9(2);\n(e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(8) Where a case becomes a Very High Cost Case after a section 16 determination has been made and is transferred from the litigator named on the representation order to a new litigator—\n(a) the original litigator must be remunerated in accordance with the individual Very High Cost Case contract entered into by that litigator; and\n(b) the new litigator must be remunerated in accordance with the individual Very High Cost Case contract entered into by that litigator.\n(9) Where a case becomes a Very High Cost Case after a section 16 determination has been made and the section 16 determination is withdrawn before the end of the case, the litigator must be remunerated in accordance with the table following this paragraph as appropriate to the circumstances and timing of the withdrawal.\n(10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(12) A litigator may not be treated both as an original litigator and as a new litigator in a case.\nRetrials and Transfers\nScenario\nPercentage of the total fee\nCase type to be used to determine total fee\nClaim period (where Part 2 applies)\nCracked trial before retrial, where there is no change of litigator\n25%\nCracked trial\nRetrial where there is no change of litigator\n25%\nTrial\nTransfer at or before the first hearing at which the assisted person enters a plea (original litigator)\n25%\nCracked trial\nTransfer at or before the first hearing at which the assisted person enters a plea – guilty plea (new litigator)\n100%\nGuilty plea\nTransfer at or before the first hearing at which the assisted person enters a plea – cracked trial (new litigator)\n100%\nCracked trial\nTransfer at or before the first hearing at which the assisted person enters a plea – trial (new litigator)\n100%\nTrial\nBefore trial transfer (original litigator)\n75%\nCracked trial\nBefore trial transfer – cracked trial (new litigator)\n100%\nCracked trial\nBefore trial transfer – trial (new litigator)\n100%\nTrial\nDuring trial transfer (original litigator)\n100%\nTrial\nClaim up to and including the day before the transfer\nDuring trial transfer (new litigator)\n50%\nTrial\nClaim for the full trial length\nTransfer after trial or guilty plea and before sentencing hearing (original litigator)\n100%\nTrial, Cracked trial or Guilty plea as appropriate\nClaim for the full trial length, excluding the length of the sentencing hearing\nTransfer after trial or guilty plea and before sentencing hearing (new litigator)\n10%\nTrial\nClaim for one day or for the length of the sentencing hearing if longer than one day\nTransfer before retrial (original litigator)\n25%\nCracked trial\nTransfer before cracked retrial (new litigator)\n50%\nCracked trial\nTransfer before retrial (new litigator)\n50%\nTrial\nClaim for the full retrial length\nTransfer during retrial (original litigator)\n25%\nTrial\nClaim up to and including the day before the transfer\nTransfer during retrial (new litigator)\n50%\nTrial\nClaim for the full retrial length\nTransfer after retrial or cracked retrial and before sentencing hearing (original litigator)\n25%\nTrial or Cracked trial as appropriate\nClaim for the full retrial length, excluding the length of the sentencing hearing\nTransfer after retrial or cracked retrial and before sentencing hearing (new litigator\n10%\nTrial\nClaim for one day or for the length of the sentencing hearing if longer than one day.",
  "extent": "E+W",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Sch. 2 para. 13(7)(a) substituted (1.4.2016) by The Criminal Legal Aid (Remuneration etc.) (Amendment) Regulations 2015 (S.I. 2015/1369), regs. 1(2)(b), 6(7)(n)(i) (with reg. 2(2)) (as amended by S.I. 2015/2049, reg. 2)"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Words in Sch. 2 para. 13(7)(b) inserted (1.4.2016) by The Criminal Legal Aid (Remuneration etc.) (Amendment) Regulations 2015 (S.I. 2015/1369), regs. 1(2)(b), 6(7)(n)(iii) (with reg. 2(2)) (as amended by S.I. 2015/2049, reg. 2)"
    },
    {
      "type": "F",
      "label": "F3",
      "text": "Words in Sch. 2 para. 13(7)(b)(d) substituted (1.4.2016) by The Criminal Legal Aid (Remuneration etc.) (Amendment) Regulations 2015 (S.I. 2015/1369), regs. 1(2)(b), 6(7)(g)(iv) (with reg. 2(2)) (as amended by S.I. 2015/2049, reg. 2)"
    },
    {
      "type": "F",
      "label": "F4",
      "text": "Words in Sch. 2 para. 13(7)(c) omitted (1.4.2016) by virtue of The Criminal Legal Aid (Remuneration etc.) (Amendment) Regulations 2015 (S.I. 2015/1369), regs. 1(2)(b), 6(7)(n)(ii) (with reg. 2(2)) (as amended by S.I. 2015/2049, reg. 2)"
    },
    {
      "type": "F",
      "label": "F5",
      "text": "Words in Sch. 2 para. 13(7)(d) inserted (1.4.2016) by The Criminal Legal Aid (Remuneration etc.) (Amendment) Regulations 2015 (S.I. 2015/1369), regs. 1(2)(b), 6(7)(n)(iii) (with reg. 2(2)) (as amended by S.I. 2015/2049, reg. 2)"
    },
    {
      "type": "F",
      "label": "F6",
      "text": "Sch. 2 para. 13(7)(e) omitted (30.9.2022) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2022 (S.I. 2022/848), reg. 1(1), Sch. 2 para. 10 (with reg. 3) (as amended (31.10.2022) by The Criminal Legal Aid (Remuneration) (Amendment) (Amendment) (No. 2) Regulations 2022 (S.I. 2022/1035), regs. 1(1), 2(1)) (which affecting provision is amended so that the increases to certain fees apply to a wider range of cases (23.12.2022) by The Criminal Legal Aid (Remuneration) (Amendment) (No. 2) Regulations 2022 (S.I. 2022/1267), regs. 1(1), 3, Sch.)"
    },
    {
      "type": "F",
      "label": "F7",
      "text": "Sch. 2 para. 13(10) omitted (30.9.2022) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2022 (S.I. 2022/848), reg. 1(1), Sch. 2 para. 11 (with reg. 3) (as amended (31.10.2022) by The Criminal Legal Aid (Remuneration) (Amendment) (Amendment) (No. 2) Regulations 2022 (S.I. 2022/1035), regs. 1(1), 2(1)) (which affecting provision is amended so that the increases to certain fees apply to a wider range of cases (23.12.2022) by The Criminal Legal Aid (Remuneration) (Amendment) (No. 2) Regulations 2022 (S.I. 2022/1267), regs. 1(1), 3, Sch.)"
    },
    {
      "type": "F",
      "label": "F8",
      "text": "Sch. 2 para. 13(11) omitted (30.9.2022) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2022 (S.I. 2022/848), reg. 1(1), Sch. 2 para. 12 (with reg. 3) (as amended (31.10.2022) by The Criminal Legal Aid (Remuneration) (Amendment) (Amendment) (No. 2) Regulations 2022 (S.I. 2022/1035), regs. 1(1), 2(1)) (which affecting provision is amended so that the increases to certain fees apply to a wider range of cases (23.12.2022) by The Criminal Legal Aid (Remuneration) (Amendment) (No. 2) Regulations 2022 (S.I. 2022/1267), regs. 1(1), 3, Sch.)"
    },
    {
      "type": "F",
      "label": "F9",
      "text": "Words in Sch. 2 para. 13(12) inserted (1.4.2016) by The Criminal Legal Aid (Remuneration etc.) (Amendment) Regulations 2015 (S.I. 2015/1369), regs. 1(2)(b), 6(7)(n)(iv) (with reg. 2(2)) (as amended by S.I. 2015/2049, reg. 2)"
    },
    {
      "type": "F",
      "label": "F10",
      "text": "Words in Sch. 2 para. 13 substituted (5.10.2015) by The Civil and Criminal Legal Aid (Amendment) (No.2) Regulations 2015 (S.I. 2015/1678), regs. 1(2)(a), 5(12)(b)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2013/435/schedule/2/paragraph/13",
    "retrieved_at": "2026-10-29T01:02:58.309346+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}