Paragraph 20 Fees for special preparation

England and Wales

(1)

This paragraph applies in any case on indictment in the Crown Court—

(a)

where a documentary or pictorial exhibit is served by the prosecution in electronic form and—

(i)

the exhibit has never existed in paper form; and

(ii)

the appropriate officer does not consider it appropriate to include the exhibit in the pages of prosecution evidence; or

(b)

in respect of which a fee is payable under Part 2 (other than paragraph 7), where the number of pages of prosecution evidence, as so defined, exceeds F16,000,

and the appropriate officer considers it reasonable to make a payment in excess of the fee payable under Part 2.

(2)

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

(3)

The amount of the special preparation fee must be calculated from the number of hours which the appropriate officer considers reasonable—

(a)

where sub-paragraph (1)(a) applies, to view the prosecution evidence; and

(b)

where sub-paragraph (1)(b) applies, to read the excess pages,

and in each case using the rates specified in the table following paragraph 27.

(4)

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

(5)

In determining a claim under this paragraph, the appropriate officer must take into account all the relevant circumstances of the case.

Annotations

Textual amendments

F1: Word in Sch. 2 para. 20(1)(b) substituted (1.12.2017) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2017 (S.I. 2017/1019), regs. 1, 2(5) (with reg. 3)