Paragraph 2 Application

England and Wales

(1)

Subject to sub-paragraphs (2) to (7), this Schedule applies to—

(a)

every case on indictment;

(b)

the following proceedings in the Crown Court—

(i)

an appeal against conviction or sentence from the magistrates' court;

(ii)

a sentencing hearing following a committal for sentence to the Crown Court;

(iii)

proceedings arising out of an alleged breach of an order of the Crown Court (whether or not this Schedule applies to the proceedings in which the order was made);

(c)

a sentencing hearing following a case on indictment to which this Schedule applies, where sentence has been deferred under F1Chapter 1 of Part 2 of the Sentencing Code (deferment of sentence);

(d)

any other post-sentence hearing.

F2(2)

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

F3(3)

Where, at any time after proceedings are sent for trial to the Crown Court they are—

(a)

discontinued by a notice served under section 23A of the Prosecution of Offences Act 1985 (discontinuance of proceedings after accused has been sent for trial), or

(b)

dismissed pursuant to paragraph 2 of Schedule 3 to the Crime and Disorder Act 1998 (applications for dismissal),

the provisions of paragraphs 21 and 22 apply.

(4)

Where, following a case on indictment, a Newton hearing takes place—

(a)

for the purposes of this Schedule the case is to be treated as having gone to trial;

(b)

the length of the trial is to be taken to be the combined length of the main hearing and the Newton hearing; and

(c)

the provisions of this Schedule relating to cracked trials and guilty pleas will not apply.

(5)

For the purposes of this Schedule, a case on indictment which discontinues at or before F4the first hearing at which the assisted person enters a plea otherwise than—

(a)

by reason of a plea of guilty being entered; or

(b)

in accordance with sub-paragraph (3),

must be treated as a guilty plea.

(6)

For the purposes of this Schedule, where a trial that is not a Very High Cost Case (in relation to fees claimed by litigators) lasts over 200 days, it must be treated as if it had lasted 200 days.

(7)

For the purposes of this Schedule, where the number of pages of prosecution evidence in a case which is not a Very High Cost Case (in relation to fees claimed by litigators) exceeds—

(a)

the PPE Cut-off figure specified in the table following paragraph 5(2) as appropriate to the offence for which the assisted person is to be tried and the length of trial; and

(b)

F56,000,

the case must be treated as though it had 6,000 pages of prosecution evidence.

Annotations

Textual amendments

F1: Words in Sch. 2 para. 2(1)(c) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 415(2) (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2
F2: Sch. 2 para. 2(2) omitted (5.10.2015) by virtue of The Civil and Criminal Legal Aid (Amendment) (No.2) Regulations 2015 (S.I. 2015/1678), regs. 1(2)(a), 5(12)(a)(i) (with reg. 10(1))
F3: Sch. 2 para. 2(3) 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)(a)(ii) (with reg. 10(1))
F4: Words in Sch. 2 para. 2(5) 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(8)(b)
F5: Word in Sch. 2 para. 2(7) substituted (1.12.2017) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2017 (S.I. 2017/1019), regs. 1, 2(2) (with reg. 3)