Paragraph 5 Representation in the Magistrates' Court

England and Wales

F1(A1)

This paragraph does not apply where paragraph 5A F2or paragraph 5B applies.

(1)

The fixed amounts and hourly rates F3for representation in a magistrates’ court F4... for—

(a)

recording time and to determine whether the Lower or Higher Standard Fee Limit has been reached; and

(b)

claiming costs in cases which fall outside the Standard Fee payment scheme,

are specified in the table following this sub-paragraph.

F5Representation in a magistrates’ court

	All areas (£)
Routine letters written and telephone calls per item	4.50
Preparation hourly rate	57.37
Advocacy hourly rate (including applications for bail and other applications to the court)	71.96
Hourly rate for attendance at court where Counsel is assigned (including conferences with Counsel at court)	39.25
Travelling and waiting hourly rate (only claimable where the undesignated area fees apply)	30.36

(2)

The table following this sub-paragraph sets out the fees and fee limits for the Standard Fee payment scheme for representation in a magistrates' court F6(except where paragraph 5A F7or paragraph 5B applies).

F8Higher and Lower Standard Fees table

	Lower Standard Fee (£)	Lower Standard Fee Limit (£)	Higher Standard Fee (£)	Higher Standard Fee Limit (£)
Designated Area Standard Fees
Category 1A	314.62	344.51	596.84	596.89
Category 1B	255.78	344.51	551.09	596.89
Category 2	436.85	591.82	915.04	986.25
Undesignated Area Standard Fees
Category 1A	246.27	344.51	521.57	596.89
Category 1B	200.21	344.51	481.59	596.89
Category 2	353.51	591.82	810.79	986.25

(3)

In the table following sub-paragraph (2)—

(a)

the reference to “Category 1A” cases is a reference to the following proceedings F9other than proceedings referred to in paragraph (c)—

(i)

either way guilty pleas F10(other than in proceedings referred to in paragraph (b)(vii));

F11(ia)

guilty pleas in proceedings for low-value shoplifting as defined in section 22A(3) of the Magistrates’ Court Act 1980 (low-value shoplifting);

F12(ii)

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

(iii)

proceedings F13...relating to either way offences F14(other than proceedings referred to in paragraph (b)(vii)) F15or proceedings referred to in sub-paragraph (ia) which are discontinued or withdrawn or where the prosecution offer no evidence; F16...

(iv)

proceedings ... relating to either way offences F17(other than proceedings referred to in paragraph (b)(vii)) F18or proceedings referred to in sub-paragraph (ia) which result in a bind over; F19and

F20(v)

proceedings arising out of a deferment of sentence (including any subsequent sentence hearing) under Chapter 1 of Part 2 of the Sentencing Code relating to—

(aa)

either way offences (other than proceedings referred to in paragraph (b)(vii)); or

(bb)

low-value shoplifting as defined in section 22A(3) of the Magistrates’ Court Act 1980 (low-value shoplifting to be a summary offence);

(b)

the reference to “Category 1B” cases is a reference to the following proceedings F21(other than proceedings referred to in paragraph (a)(ia) F22or paragraph (c))—

(i)

summary only guilty pleas;

(ii)

uncontested proceedings arising out of a breach of an order of a magistrates' courts (including proceedings in a magistrates' court relating to a breach of a Crown Court community rehabilitation order, community punishment order or suspended sentence);

(iii)

proceedings F23... relating to summary offences which are discontinued or withdrawn or where the prosecution offer no evidence;

(iv)

proceedings ... relating to summary offences which result in a bind over;

(v)

proceedings arising out of a deferment of sentence (including any subsequent sentence hearing) under F24Chapter 1 of Part 2 of the Sentencing F25Code relating to summary offences (other than low-value shoplifting as defined in section 22A(3) of the Magistrates’ Court Act 1980 (low-value shoplifting to be a summary offence));

(vi)

proceedings prescribed under regulation 9 of the Criminal Legal Aid (General) Regulations 2013 M1, except where the case was listed and fully prepared for a contested hearing to decide whether an order should be made; F26...

(vii)

proceedings relating to either way offences which must be tried in a magistrates' court in accordance with section 22 of the Magistrates' Courts Act 1980 M2;

(c)

the reference to “Category 2” cases is a reference to—

(i)

contested trials;

(ii)

proceedings which were listed and fully prepared for trial in a magistrates' court but are disposed of by a guilty plea on the day of trial before the opening of the prosecution case;

(iii)

proceedings which were listed and fully prepared for trial in a magistrates' court but are discontinued or withdrawn or where the prosecution offers no evidence or which result in a bind over on the day of trial before the opening of the prosecution case;

(iv)

contested proceedings relating to a breach of an order of a magistrates' court (including proceedings relating to a breach of a Crown Court community rehabilitation order, community punishment order or suspended sentence);

(v)

proceedings where mixed pleas are entered; and

(vi)

proceedings prescribed under regulation 9 of the Criminal Legal Aid (General) Regulations 2013 where the case was listed and fully prepared for a contested hearing to decide whether an order should be made; and

F27(d)

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

(4)

The fees payable to Assigned Counsel for representation in a magistrates' court are subject to the limits specified in the table following paragraph 12.

F28(5)

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

F29(6)

The fixed fee payable to a litigator in respect of a case sent for trial to the Crown Court is F30£229.47.

Annotations

Textual amendments

F1: Sch. 4 para. 5(A1) inserted (1.4.2016) by The Criminal Legal Aid (Remuneration etc.) (Amendment) Regulations 2015 (S.I. 2015/1369), regs. 1(2)(b), 6(8)(f)(i) (with reg. 2(2)) (as amended by S.I. 2015/2049, reg. 2)
F2: Words in Sch. 4 para. 5(A1) inserted (6.12.2024) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2024 (S.I. 2024/1163), regs. 1(1), 2(4)(a) (with reg. 3)
F3: Words in Sch. 4 para. 5(1) inserted (23.3.2015) by The Civil and Criminal Legal Aid (Remuneration) (Amendment) Regulations 2015 (S.I. 2015/325), regs. 1, 3(6)(a)
F4: Words in Sch. 4 para. 5(1) 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(8)(f)(ii) (with reg. 2(2)) (as amended by S.I. 2015/2049, reg. 2)
F5: Sch. 4 para. 5(1) table substituted (22.12.2025) by The Criminal Legal Aid (General and Remuneration) (Amendment) Regulations 2025 (S.I. 2025/1251), reg. 2(1), Sch. 2 para. 5(a) (with reg. 5)
F6: Words in Sch. 4 para. 5(2) inserted (23.3.2015) by The Civil and Criminal Legal Aid (Remuneration) (Amendment) Regulations 2015 (S.I. 2015/325), regs. 1, 3(6)(b)
F7: Words in Sch. 4 para. 5(2) inserted (6.12.2024) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2024 (S.I. 2024/1163), regs. 1(1), 2(4)(b) (with reg. 3)
F8: Sch. 4 para. 5(2) table substituted (22.12.2025) by The Criminal Legal Aid (General and Remuneration) (Amendment) Regulations 2025 (S.I. 2025/1251), reg. 2(1), Sch. 2 para. 5(b) (with reg. 5)
F9: Words in Sch. 4 para. 5(3)(a) inserted (6.12.2024) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2024 (S.I. 2024/1163), regs. 1(1), 2(4)(c)(i) (with reg. 3)
F10: Words in Sch. 4 para. 5(3)(a)(i) inserted (6.12.2024) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2024 (S.I. 2024/1163), regs. 1(1), 2(4)(c)(ii) (with reg. 3)
F11: Sch. 4 para. 5(3)(a)(ia) inserted (with application in accordance with reg. 4(3) of the amending S.I.) by The Civil and Criminal Legal Aid (Remuneration) (Amendment) Regulations 2015 (S.I. 2015/325), regs. 1, 3(6)(c)(i)
F12: Sch. 4 para. 5(3)(a)(ii) omitted (6.12.2024) by virtue of The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2024 (S.I. 2024/1163), regs. 1(1), 2(4)(c)(iii) (with reg. 3)
F13: Words in Sch. 4 para. 5(3)(a)(iii)(iv) 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(13)(b)(i) (with reg. 10(1))
F14: Words in Sch. 4 para. 5(3)(a)(iii) inserted (6.12.2024) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2024 (S.I. 2024/1163), regs. 1(1), 2(4)(c)(iv)(aa) (with reg. 3)
F15: Words in Sch. 4 para. 5(3)(a)(iii) inserted (23.3.2015) by The Civil and Criminal Legal Aid (Remuneration) (Amendment) Regulations 2015 (S.I. 2015/325), regs. 1, 3(6)(c)(ii)
F16: Word in Sch. 4 para. 5(3)(a)(iii) omitted (6.12.2024) by virtue of The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2024 (S.I. 2024/1163), regs. 1(1), 2(4)(c)(iv)(bb) (with reg. 3)
F17: Words in Sch. 4 para. 5(3)(a)(iv) inserted (6.12.2024) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2024 (S.I. 2024/1163), regs. 1(1), 2(4)(c)(v)(aa) (with reg. 3)
F18: Words in Sch. 4 para. 5(3)(a)(iv) inserted (23.3.2015) by The Civil and Criminal Legal Aid (Remuneration) (Amendment) Regulations 2015 (S.I. 2015/325), regs. 1, 3(6)(c)(ii)
F19: Word in Sch. 4 para. 5(3)(a)(iv) inserted (6.12.2024) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2024 (S.I. 2024/1163), regs. 1(1), 2(4)(c)(v)(bb) (with reg. 3)
F20: Sch. 4 para. 5(3)(a)(v) inserted (6.12.2024) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2024 (S.I. 2024/1163), regs. 1(1), 2(4)(c)(vi) (with reg. 3)
F21: Words in Sch. 4 para. 5(3)(b) inserted (23.3.2015) by The Civil and Criminal Legal Aid (Remuneration) (Amendment) Regulations 2015 (S.I. 2015/325), regs. 1, 3(6)(c)(iii)
F22: Words in Sch. 4 para. 5(3)(b) inserted (6.12.2024) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2024 (S.I. 2024/1163), regs. 1(1), 2(4)(d)(i) (with reg. 3)
F23: Words in Sch. 4 para. 5(3)(b)(iii)(iv) 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(13)(b)(i) (with reg. 10(1))
F24: Words in Sch. 4 para. 5(3)(b)(v) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 416 (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2
F25: Words in Sch. 4 para. 5(3)(b)(v) substituted (6.12.2024) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2024 (S.I. 2024/1163), regs. 1(1), 2(4)(d)(ii) (with reg. 3)
F26: Word in Sch. 4 para. 5(3)(c)(vi) 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(13)(b)(ii) (with reg. 10(1))
F27: Sch. 4 para. 5(3)(d) 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(13)(b)(iii) (with reg. 10(1))
F28: Sch. 4 para. 5(5) 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(13)(c) (with reg. 10(1))
F29: Sch. 4 para. 5(6) inserted (19.10.2020) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2020 (S.I. 2020/903), regs. 1(3), 6 (with reg. 7)
F30: Sum in Sch. 4 para. 5(6) substituted (22.12.2025) by The Criminal Legal Aid (General and Remuneration) (Amendment) Regulations 2025 (S.I. 2025/1251), reg. 2(1), Sch. 2 para. 5(c) (with reg. 5)

Marginal citations

M1: S.I. 2013/9.
M2: 1980 c. 43.