(3) Where the litigator instructed in proceedings to which this paragraph applies was not instructed in the proceedings in which the Crown Court order was made, the fee payable to the litigator in respect of the proceedings to which this paragraph applies is that set out in the table following this sub-paragraph.

Fees for special preparation

15.—(1) This paragraph applies where, in any case on indictment in the Crown Court in respect of which a fee is payable under part 2, any or all of the prosecution evidence, as defined in paragraph 1(2), is served in electronic form only, 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 to view the prosecution evidence, and using the rates specified in the table following paragraph 22.

(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.

Discontinuance or dismissal of sent or transferred proceedings

16.—(1) This paragraph applies to proceedings which are—

(a) sent for trial to the Crown Court under section 51 of the Crime and Disorder Act 1998 (no committal proceedings for indictable-only offences); or

(b) transferred to the Crown Court under—

(i) section 4 of the Criminal Justice Act 1987 (transfer of serious fraud cases); or

(ii) section 53 of the Criminal Justice Act 1991 (transfer of certain cases involving children).

(2) Where proceedings to which this paragraph applies are 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) at any time before the prosecution serves its evidence in accordance with the Crime and Disorder Act 1998 (Service of Prosecution Evidence) Regulations 2005(13) the litigator must be paid 50 percent of the Basic fee for a guilty plea, as specified in the table following paragraph 5, as appropriate to the offence for which the assisted person is charged.

(3) Where proceedings to which this paragraph applies are 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) at any time after the prosecution serves its evidence in accordance with the Crime and Disorder Act 1998 (Service of Prosecution Evidence) Regulations 2005, the litigator must be paid a fee calculated in accordance with paragraph 5, or, where appropriate, paragraph 7, as appropriate for representing an assisted person in a guilty plea.

(4) Where an application for dismissal is made under paragraph 2 of Schedule 3 to the Crime and Disorder Act 1988, section 6 of the Criminal Justice Act 1987 or paragraph 5 of Schedule 6 to the Criminal Justice Act 1991, and —

(a) the charge, or charges are dismissed and the assisted person is discharged; or

(b) the charge, or charges, of an offence triable only on indictment are dismissed and the case is remitted to the magistrates’ court in accordance with paragraph 10(3)(a) of Schedule 3 to the Crime and Disorder Act 1998 (procedure where no indictable offence remains),

the litigator instructed in the proceedings must be paid a fee calculated in accordance with paragraph 5, or where appropriate, paragraph 7, as appropriate for representing an assisted person in a guilty plea.

(5) Sub-paragraph (6) applies to —

(a) a plea and case management hearing that takes place after the prosecution serves its evidence; and

(b) any other hearing that takes place before a plea and case management hearing has taken place, but after the prosecution has served its evidence.

(6) Where, at a hearing to which this paragraph applies—

(a) the prosecution offers no evidence and the assisted person is discharged; or

(b) the assisted person is charged on an indictment which includes no offence that is triable only on indictment, and the case is remitted to the magistrates’ court in accordance with paragraph 10(3)(a) of Schedule 3 to the Crime and Disorder Act 1998,

the litigator must be paid a fee calculated in accordance with paragraph 5 or where appropriate paragraph 7, as appropriate for representing an assisted person in a guilty plea.

Defendant uplifts

17.—(1) Where a litigator represents more than one assisted person in proceedings referred to in paragraph 16(2), (3), (4) or (5), a defendant uplift will be payable.

(2) The defendant uplift will be calculated in accordance with the table following this paragraph.

(3) In the table following this paragraph, the total fee means—

(a) the fee specified in sub-paragraph (2) where that sub-paragraph applies; or

(b) the Basic fee (B) specified in the table following paragraph 5, or, where appropriate, the initial fee specified in paragraph 7, where paragraph 16(3), (4) or (5) applies, as appropriate for the circumstances set out in that sub-paragraph.

Warrant for arrest

18.—(1) This paragraph applies where—

(a) the assisted person fails to attend a hearing;

(b) 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(14) (“the warrant”);

(c) the case does not proceed in the absence of the assisted person.

(2) Where in a case on indictment the warrant is not executed within three months of the date on which it was issued, the fee payable to the litigator is—

(a) where the warrant is issued at or before the plea and case management hearing, the fee payable for a guilty plea in accordance with paragraph 5, or where appropriate, paragraph 7;

(b) where the warrant is issued after the plea and case management hearing but before the trial, the fee payable for a cracked trial in accordance with paragraph 5 or where appropriate paragraph 7, as appropriate to the class of offence with which the assisted person is charged;

(c) 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.

(3) Where the warrant is issued during the course of proceedings referred to in paragraph 12 or 14 the fee payable to the litigator is the fee set out in the table following paragraph 14, as appropriate to the type of proceedings.

(4) Sub-paragraph (5) applies where—

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

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

(c) the case proceeds after the warrant has been executed; and

(d) the litigator submits a claim for fees for the determination of his overall remuneration in the case, in accordance with article 6.

(5) Where this sub-paragraph applies—

(a) 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;

(b) 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.

PART 4 Miscellaneous

Additional charges

19.—(1) Where an assisted person is charged with more than one offence on one indictment, the fee payable to the litigator under this Schedule will be based on whichever of those offences the litigator selects.

(2) Where a litigator selects one offence, in preference to another offence, under sub-paragraph (1) that selection does not affect his right to claim any of the fees provided for in Part 3 of this Schedule to which he would otherwise have been entitled.

Assisted person unfit to plead or stand trial

20.  Where in any case a hearing is held to determine the question of whether the assisted person is unfit to plead or to stand trial (a “fitness hearing”)—

(a) if a trial on indictment is held, or continues, at any time thereafter, the length of the fitness hearing is included in determining the length of the trial for the calculation of the fee in accordance with Part 2;

(b) if a trial on indictment is not held, or does not continue, thereafter by reason of the assisted person being found unfit to plead or to stand trial, the litigator must be paid—

(i) a fee calculated in accordance with paragraph 6 or where appropriate paragraph 8, as appropriate to the combined length of—

(aa) the fitness hearing; and

(bb) any hearing under section 4A of the Criminal Procedure (Insanity) Act 1964(15) (finding that the accused did the act or made the omission charged against him); or

(ii) a fee calculated in accordance with paragraph 5, or where appropriate paragraph 7, as appropriate, for representing an assisted person in a cracked trial,

whichever the litigator elects; and

(c) if at any time the assisted person pleads guilty to the indictable offence, the litigator must be paid either—

(i) a fee calculated in accordance with paragraph 6 or, where appropriate, paragraph 8, as appropriate to the length of the fitness hearing; or

(ii) a fee calculated in accordance with paragraph 5 or, where appropriate, paragraph 7, as appropriate for representing an assisted person in a guilty plea,

whichever the litigator elects.

Fees for confiscation proceedings

21.—(1) This paragraph applies to—

(a) proceedings under Part 2 of the Proceeds of Crime Act 2002(16) (confiscation: England and Wales);

(b) proceedings under section 2 of the Drug Trafficking Act 1994(17) (confiscation orders) and

(c) proceedings under section 71 of the Criminal Justice Act 1988(18) (confiscation orders).

(2) Where this paragraph applies, the appropriate officer may allow work done in the following classes by a litigator—

(a) 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;

(b) attending at court where an advocate is instructed, including conferences with the advocate at court;

(c) travelling and waiting;

(d) writing routine letters and dealing with routine telephone calls.

(3) The appropriate officer must consider the claim, any further particulars, information or documents submitted by the litigator under article 6 and any other relevant information and must allow such work as appears to him to have been reasonably done in the proceedings.

(4) Subject to sub-paragraph (3), the appropriate officer must allow fees under this paragraph in accordance with paragraph 22.

(5) The appropriate officer must allow fees in accordance with paragraphs 22 - 24 as appropriate to such of the following grades of fee earner as he considers reasonable—

(a) senior solicitor;

(b) solicitor, legal executive or fee earner of equivalent experience; or

(c) trainee or fee earner of equivalent experience.

Prescribed fee rates

22.  Subject to paragraphs 23 and 24, for proceedings in the Crown Court to which paragraph 21 applies the appropriate officer must allow fees for work under paragraph 21(2) at the following prescribed rates—

Allowing fees at less than the prescribed rates

23.  In respect of any item of work, the appropriate officer may allow fees at less than the relevant prescribed rate specified in paragraph 22 where it appears to him reasonable to do so having regard to the competence and despatch with which the work was done.

Allowing fees at more than the prescribed rates

24.—(1) Upon a determination the appropriate officer may, subject to the provisions of this paragraph, allow fees at more than the relevant prescribed rate specified in paragraph 22 for preparation, attendance at court where more than one representative is instructed, routine letters written and routine telephone calls, in respect of offences in Class A, B, C, D, G, I, J or K in the Table of Offences.

(2) The appropriate officer may allow fees at more than the prescribed rate where it appears to him, taking into account all the relevant circumstances of the case, that—

(a) the work was done with exceptional competence, skill or expertise;

(b) the work was done with exceptional despatch; or

(c) the case involved exceptional complexity or other exceptional circumstances.

(3) Paragraph 3 of Schedule 1 applies to litigators in respect of proceedings in the Crown Court as it applies to advocates.

(4) Where the appropriate officer considers that any item or class of work should be allowed at more than the prescribed rate, he must apply to that item or class of work a percentage enhancement in accordance with the following provisions of this paragraph.

(5) In determining the percentage by which fees should be enhanced above the prescribed rate the appropriate officer must have regard to—

(a) the degree of responsibility accepted by the fee earner;

(b) the care, speed and economy with which the case was prepared; and

(c) the novelty, weight and complexity of the case.

(6) The percentage above the relevant prescribed rate by which fees for work may be enhanced must not exceed 100 per cent.

(7) The appropriate officer may have regard to the generality of proceedings to which this Order applies in determining what is exceptional within the meaning of this paragraph.”.

27.  Omit Schedule 3.

28.  In paragraph 14(3) of Schedule 4, omit “, paragraph 14(5) of Schedule 2”.