Office of Public Sector Information

Trials where the number of pages of prosecution evidence exceeds the PPE Cut-off

8.—(1) Where in a trial the number of pages of prosecution evidence exceeds the PPE Cut-off figure specified in the table following paragraph 4(2) as appropriate to the offence for which the assisted person is tried and the length of trial, the total fee payable to the litigator will be—

(a) the final fee, calculated in accordance with sub-paragraph (2) of this paragraph;

(b) the defendant uplift, if any, calculated in accordance with the table following paragraph 9; and

(c) the adjustment for transfers and retrials, if any, calculated in accordance with paragraph 10.

(2) For the purposes of sub-paragraph (1), the final fee will be calculated in accordance with the following formula—

F = I + (D x i)

(3) In the formula in sub-paragraph (2)—

F is the amount of the final fee;

I is the initial fee specified in the table following this paragraph, as appropriate to the offence for which the assisted person is tried and the number of pages of prosecution evidence;

D is the difference between—

(a) the number of pages of prosecution evidence in the case; and

(b) the lower number in the PPE range as specified in the table following this paragraph, as appropriate to the offence for which the assisted person is tried and the number of pages of prosecution evidence in the case;

i is the incremental fee per page of prosecution evidence specified in the table following this paragraph, as appropriate to the offence for which the assisted person is tried and the number of pages of prosecution evidence in the case.

Defendant uplifts

9.—(1) The defendant uplift payable to a litigator will be calculated in accordance with the table following sub-paragraph (3).

(2) Only one defendant uplift will be payable in each case.

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

(a) in a cracked trial or guilty plea where the number of pages of prosecution evidence does not exceed the PPE Cut-off specified in the table following paragraph 4(1), the basic fee specified in the table following paragraph 5(2);

(b) in a trial where the number of pages of prosecution evidence does not exceed the PPE Cut-off specified in the table following paragraph 4(2), the basic fee specified in the table following paragraph 6(2) plus the length of trial proxy specified in the table following paragraph 6(3);

(c) in a cracked trial or guilty plea where the number of pages of prosecution evidence exceeds the PPE Cut-off specified in the table following paragraph 4(1), the final fee, as calculated in accordance with paragraph 7(2); and

(d) in a trial where the number of pages of prosecution evidence exceeds the PPE Cut-off specified in the table following paragraph 4(2), the final fee, as calculated in accordance with paragraph 8(2).

Retrials and Transfers

10.—(1) Where following a trial an order is made for a retrial and the same litigator acts for the assisted person at both trials that litigator will receive—

(a) in respect of the first trial, a fee calculated in accordance with the provisions of this Schedule; and

(b) in respect of the retrial, 25% of the fee, as appropriate to the circumstances and timing of the retrial, in accordance with the provisions of this Schedule.

(2) Where—

(a) a case is transferred to a new litigator; or

(b) a retrial is ordered and a new litigator acts for the assisted person at the retrial;

the original litigator and the new litigator must receive a percentage of the total fee, in accordance with the table following sub-paragraph (6), as appropriate to the circumstances and timing of the retrial, transfer or withdrawal of the representation order.

(3) Where a representation order is withdrawn before the case ends, a litigator must receive a percentage of the total fee, in accordance with the table following sub-paragraph (6), as appropriate to the circumstances and timing of a transfer.

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

(a) in a cracked trial or guilty plea where the number of pages of prosecution evidence is less than or equal to the PPE Cut-off specified in the table following paragraph 4(1), the basic fee as set out in the table following paragraph 5(2);

(b) in a trial where the number of pages of prosecution evidence is less than or equal to the PPE Cut-off specified in the table following paragraph 4(2), the basic fee specified in the table following paragraph 6(2) plus the length of trial proxy specified in the table following paragraph 6(3);

(c) in a cracked trial or guilty plea where the number of pages of prosecution evidence exceeds the PPE Cut-off specified in the table following paragraph 4(1), the final fee, as calculated in accordance with paragraph 7(2); and

(d) in a trial where the number of pages of prosecution evidence exceeds the PPE Cut-off specified in the table following paragraph 4(2), the final fee, as calculated in accordance with paragraph 8(2).

(5) Where a case becomes a Very High Cost Case after a representation order has been granted and is transferred from the litigator named on the representation order to a new litigator—

(a) the original litigator will be remunerated in accordance with the table following this paragraph; and

(b) the new litigator will be remunerated in accordance with the individual contract which applies to the case.

(6) Where a case becomes a Very High Cost Case after a representation order has been granted and the representation order is withdrawn before the end of the case, the litigator will be remunerated in accordance with the table following this paragraph as appropriate to the circumstances and timing of the withdrawal.

PART 3 Fixed Fees

General provisions

11.  Except as provided under this Part, remuneration for all work undertaken by a litigator is included within the fee set out in Part 2 of this Schedule as appropriate to—

(a) the offence for which the assisted person is charged or tried;

(b) whether the case is a cracked trial, guilty plea or trial; and

(c) the number of pages of prosecution evidence.

Fees for appeals and committals for sentence hearings

12.  The fee payable to a litigator instructed in—

(a) an appeal against conviction from a magistrates’ court;

(b) an appeal against sentence from a magistrates’ court;

(c) a sentencing hearing following a committal for sentence to the Crown Court.

is that set out in the table following paragraph 14.

Fees for contempt proceedings

13.  .—This paragraph applies to proceedings referred to in section 12(2)(f) of the Act in the Crown Court.

(2) Where, in proceedings to which this paragraph applies, the contempt is alleged to have been committed by a person other than a defendant in a case to which this Schedule applies, remuneration for litigators must be at the rate set out in the table following paragraph 14.

(3) Where, in proceedings to which this paragraph applies, the contempt is alleged to have been committed by the defendant in a case to which this Schedule applies, all work undertaken by the litigator is included within—

(a) the fee payable under Part 2 of this Schedule, or

(b) in proceedings under paragraph 12 or 14, the fixed fee set out in the table following paragraph 14.

Fees for alleged breaches of a Crown Court order

14.—(1) This paragraph applies to proceedings in the Crown Court against one assisted person arising out of a single alleged breach of an order of the Crown Court.

(2) Where the litigator instructed in proceedings to which this paragraph applies was also instructed in the proceedings in which the Crown Court order was made, all work undertaken by the litigator is included within—

(a) the fee payable under Part 2 of this Schedule, for the original case; or

(b) in proceedings under paragraph 12, the fixed fee set out in the table following this paragraph for the original case.