Paragraph 26 Fees for confiscation proceedings
This paragraph applies to—
proceedings under Part 2 of the Proceeds of Crime Act 2002 M1 (confiscation: England and Wales);
proceedings under section 2 of the Drug Trafficking Act 1994 M2 (confiscation orders); and
proceedings under section 71 of the Criminal Justice Act 1988 M3 (confiscation orders).
Where this paragraph applies, the appropriate officer may allow work done in the following classes by a litigator—
preparation, including taking instructions, interviewing witnesses, ascertaining the prosecution case, preparing and perusing documents, dealing with letters and telephone calls, instructing an advocate and expert witnesses, conferences, consultations and work done in connection with advice on appeal;
attending at court where an advocate is instructed, including conferences with the advocate at court;
travelling and waiting; and
writing routine letters and dealing with routine telephone calls.
The appropriate officer must consider the claim, any further particulars, information or documents submitted by the litigator under regulation 5 and any other relevant information and must allow such work as appears to him to have been reasonably done in the proceedings.
Subject to sub-paragraph (3), the appropriate officer must allow fees under this paragraph in accordance with paragraph 27.
The appropriate officer must allow fees in accordance with paragraphs 27 to 29 as appropriate to such of the following grades of fee earner as the appropriate officer considers reasonable—
senior solicitor;
solicitor, legal executive or fee earner of equivalent experience; or
trainee or fee earner of equivalent experience.
Annotations
Marginal citations
- M1
- M2
- M3