Office of Public Sector Information
Article 7
1. This Schedule applies to Very High Cost Cases which are the subject of individual contracts for funded services.
2. In this Schedule—
“Category 1” means—
in relation to a Very High Cost Fraud Case, a case—
which is likely to give rise to national publicity and widespread public concern;
which requires highly specialist knowledge;
which involves a significant international dimension;
which requires legal, accountancy and investigative skills to be brought together;
in which the value of the fraud exceeds £10million;
in which the number of pages of prosecution evidence (excluding unused material) exceeds 30,000;
in which the total cost of representing the assisted person is likely to exceed £500,000; and
in which the trial is likely to last over 20 weeks;
in relation to a Non-Fraud Very High Cost Case, a case in which the offence or the main offence with which the assisted person is charged, whether at common law or under any enactment, is primarily, or substantially, founded on allegations of terrorism.
“Category 2” means—
in relation to a Very High Cost Fraud Case, a case which fulfils—
at least three of the following criteria—
the case is likely to give rise to national publicity and widespread public concern;
the case requires highly specialist knowledge;
the case involves a significant international dimension;
the case requires legal, accountancy and investigative skills to be brought together; and
at least two of the following criteria—
the value of the fraud exceeds £2million;
the number of pages of prosecution evidence (excluding unused material) exceeds 10,000;
the total cost of representing the assisted person is likely to exceed £250,000; and
the trial is likely to last over 20 weeks;
in relation to a Non-Fraud Very High Cost Case,—
a case which is a class 1 offence, a class 2 offence or a serious drug offence;
a case for which the maximum sentence for the offence is imprisonment for life or over 30 years;
a case which is likely to attract national interest;
where the case involves an offence of a violent or sexual nature, there are multiple victims or, if there is a sole victim, there is something significant about the crime;
where the case involves a drugs offence, their total value is estimated to exceed £10million;
a case in which the number of pages of prosecution evidence (excluding unused material) exceeds 10,000; and
a case in which the total cost of representing the assisted person is likely to exceed £400,000.
“Category 3” means—
a Very High Cost Fraud Case which does not fall within Category 1 or Category 2; or
a Non-Fraud Very High Cost Case—
which fulfils at least three of the following criteria—
the case involves a class 1 offence, a class 2 offence or a serious drug offence;
the maximum sentence for the offence is imprisonment for life or over 30 years;
the case is likely to attract national interest;
where the case involves an offence of a violent or sexual nature, there are multiple victims or, if there is a sole victim, there is something significant about the crime; and
where the case involves a drugs offence, their total value is estimated to exceed £10million; and
in which—
the number of pages of prosecution evidence (excluding unused material) exceeds 5,000; or
the total cost of representing the assisted person is likely to exceed £200,000.
“Category 4” means a Non-Fraud Very High Cost Case which does not fall within Category 1, Category 2 or Category 3;
“Level A” means a fee earner who—
is a solicitor or employed barrister;
has not less than eight years post qualification experience; and—
in relation to a Very High Cost Fraud Case—
has conducted a total of not less than 700 hours of work on cases involving allegations of fraud or serious financial impropriety in any two of the preceding three years; or
has a recognised qualification in, or is able to demonstrate clear specialist experience in, a particular field which is relevant to a significant aspect of the case; or
in relation to a Non-Fraud Very High Cost Case—
has conducted a total of not less than 1,050 hours of work on other serious criminal cases over the preceding three years;
has conducted a total of not less than 700 hours of work on other serious criminal cases in any two of the preceding three years; or
has a recognised qualification in, or is able to demonstrate clear specialist experience in, a particular field which is relevant to a significant aspect of the case;
“Level B” means a fee earner who—
is a solicitor, employed barrister or fellow of the Institute of Legal Executives; and
has substantial knowledge and experience of criminal defence work;
“Level C” means a fee earner who—
is a trainee solicitor; or
is a Fellow of the Institute of Legal Executives, or any other fee earner, who does not fall within Level A or Level B;
“Non-Fraud Very High Cost Case” means a Very High Cost Case which is not a Very High Cost Fraud Case;
“pupil or other junior” means an advocate other than an advocate instructed under the representation order;
“terrorism” has the meaning given in section 1 of the Terrorism Act 2000(30) (terrorism: interpretation); and
“Very High Cost Fraud Case” means a Very High Cost Case in which the offence with which the assisted person is charged is primarily, or substantially, founded on—
allegations of fraud or other serious financial impropriety; or
involves complex financial transactions or records.
3.—(1) The Commission must determine whether a case is a Very High Cost Fraud Case or a Non-Fraud Very High Cost Case.
(2) The Commission must assign each Very High Cost Case to Category 1, Category 2, Category 3 or Category 4.
(3) The Commission may review and amend its decision under sub-paragraph (1) or sub-paragraph (2) at any stage during the case.
4.—(1) The Commission must assign each fee earner providing funded services under a representation order in a Very High Cost Case to Level A, Level B or Level C.
(2) In order to be assigned to Level A, a fee earner must provide evidence that he meets the requirements of Level A.
(3) Where the Commission considers that—
(a) the prosecution evidence in a Very High Cost Case is particularly voluminous or complex; and
(b) the Very High Cost Case involves preparatory work of a routine nature,
it may authorise a pupil or other junior to undertake, and be remunerated for, such work on the Very High Cost Case as the Commission considers reasonable.
(4) Any question as to whether a fee earner fulfils the criteria for a particular level must be determined by the Commission, which must consider the circumstances of the individual case.
5.—(1) The hourly rates for preparation payable under this Schedule are the rates specified in the Table following this paragraph.
(2) In circumstances where the Commission considers the preparation undertaken not to be of the exceptional nature appropriate to a Very High Cost Case, the standard rates of pay set out in column 6 of the Table following this paragraph will apply.
| Category 1 cases | Category 2 cases | Category 3 cases | Category 4 cases | Standard rates | |||
|---|---|---|---|---|---|---|---|
| £ per hour | £ per hour | £ per hour | £ per hour | £ per hour | |||
| Litigator | |||||||
| Level A | 160 | 125 | 100 | 100 | 55.75 | ||
| Level B | 140 | 110 | 90 | 90 | 47.25 | ||
| Level C | 100 | 80 | 70 | 70 | 34.00 | ||
| Barrister | |||||||
| QC | 160 | 125 | 100 | 100 | |||
| Leading junior | 140 | 110 | 90 | 90 | |||
| Led junior | 100 | 80 | 70 | 70 | |||
| Junior acting alone | 110 | 90 | 80 | 80 | |||
| Second led junior | 70 | 55 | 50 | — | |||
| Pupil or other junior | 50 | 40 | 35 | 35 | |||
| Solicitor Advocate | |||||||
| Leading level A | 160 | 125 | 100 | 100 | |||
| Led level A | 140 | 110 | 90 | 90 | |||
| Leading level B | 140 | 110 | 90 | 90 | |||
| Led level B | 115 | 95 | 75 | 75 | |||
| Level A alone | 145 | 120 | 100 | 100 | |||
| Level B alone | 125 | 105 | 85 | 85 | |||
| Second led solicitor advocate | 70 | 55 | 50 | 50 | |||
6.—(1) The hourly rates for non-preparatory work payable under this Schedule are the rates specified in the Table following this paragraph.
(2) The Commission may enhance by up to 100%—
(a) in exceptional circumstances, the applicable rate for attendance at court in the Table following this paragraph; and
(b) in very exceptional circumstances, the applicable rate for travel and waiting in the Table following this paragraph.
| Type of work | Level of fee earner | Rate (£ per hour) |
|---|---|---|
| Attendance at court | A | 42.25 |
| B | 34.00 | |
| C | 20.50 | |
| Travel and waiting | A | 25.00 |
| B | 25.00 | |
| C | 25.00 |
7.—(1) The daily rates payable to advocates under this Schedule are the rates specified in the Table following this paragraph.
(2) Solicitor advocates will be paid the appropriate rate for a leading junior, a led junior, or a junior alone, as appropriate, as set out in the Table following this paragraph.
(3) The full daily rate in the Table following this paragraph may be allowed if the advocate is in court for more than 3 hours 30 minutes; and half that rate will be allowed if he is in court for 3 hours 30 minutes or less.
| Category 1 cases (£ per day) | Category 2 cases (£ per day) | Category 3 cases (£ per day) | Category 4 cases (£ per day) | |
|---|---|---|---|---|
| QC | 525 | 525 | 525 | 525 |
| Leading junior | 450 | 450 | 450 | 450 |
| Led junior | 300 | 300 | 300 | 300 |
| Junior alone | 330 | 330 | 330 | 330 |
| Second led junior | 150 | 150 | 150 | — |
| Noter | 125 | 125 | 125 | 125 |
8.—(1) The rates payable to advocates for attendance at preliminary hearings are the rates specified in the Table following this paragraph.
(2) The rates in the Table following this paragraph will only apply where the hearing lasts two hours or less; otherwise the daily or half-daily rate payable under the Table following this paragraph and paragraph 7(3) will apply.
| Amount payable for hearing (£) | |
|---|---|
| QC | 125 |
| Leading junior | 100 |
| Led junior | 70 |
| Junior alone | 80 |
| Second led junior | 40 |
| Noter | 35 |
The Criminal Defence Service (Funding) Order 2007