Paragraph 23 Warrant for arrest

the assisted person fails to attend a hearing;

at that hearing the court issues a warrant for the arrest of the assisted person, pursuant to section 7(1) of the Bail Act 1976 M1 (“the warrant”); and

the case does not proceed in the absence of the assisted person.

where the warrant is issued at or before F1the first hearing at which the assisted person enters a plea, the fee payable for a guilty plea in accordance with paragraph 6 or where appropriate paragraph 8;

where the warrant is issued after the first hearing at which the assisted person enters a plea but before the trial, the fee payable for a cracked trial in accordance with paragraph 6 or where appropriate paragraph 8, as appropriate to the Class of Offence with which the assisted person is charged; and

where the warrant is issued during the trial, and the trial is aborted as a result, the fee payable for a trial as if the trial had ended on the day the warrant was issued.

a fee has been paid, or is payable, to the litigator in accordance with sub-paragraph (2);

the warrant is executed within 15 months of the date on which it was issued;

the case proceeds after the warrant has been executed; and

the litigator submits a claim for fees for the determination of the litigator's overall remuneration in the case, in accordance with regulation 5.

the appropriate officer must deduct the amount paid or payable in accordance with sub-paragraph (2) from the amount payable to the litigator on the final determination of fees in the case; and

if the fee paid or payable in accordance with sub-paragraph (2) is greater than the amount payable to the litigator on the final determination of fees in the case, the appropriate officer may recover the amount of the difference by way of repayment by the litigator.