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United Kingdom Statutory Instruments
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2004 No. 2045

LEGAL SERVICES COMMISSION, ENGLAND AND WALES

The Criminal Defence Service (Funding) (Amendment) Order 2004

  Made 29th July 2004 
  Laid before Parliament 30th July 2004 
  Coming into force 2nd August 2004 

The Secretary of State, in exercise of the powers conferred by section 14(3) of the Access to Justice Act 1999[1] and now vested in him[2], having had regard to the matters specified in section 25(3) and having consulted the General Council of the Bar and the Law Society, makes the following Order:

Citation, commencement and interpretation
     1.  - (1) This Order may be cited as the Criminal Defence Service (Funding) (Amendment) Order 2004 and shall come into force on 2nd August 2004.

    (2) In this Order reference to an article or Schedule by number alone means the article or Schedule so numbered in the Criminal Defence Service (Funding) Order 2001[3].

Transitional provisions
     2. This Order applies for the purposes of - 

and in all other circumstances, the Criminal Defence Service (Funding) Order 2001 shall have effect as if this Order had not been made.

Amendments to the Criminal Defence Service (Funding) Order 2001
     3. In article 2, for the definition of "a Very High Cost Case" substitute - 

     4. In article 9 for "Where" substitute "Subject to article 9A, where".

     5. After article 9 insert - 

     6. In paragraph 1(5) in Part 2 of Schedule 2 - 

     7. In Part 1 of Schedule 4 - 

     8. In Part 2 of Schedule 4 - 

     9. In Part 4 of Schedule 4 - 

     10. In paragraph 26 in Part 5 of Schedule 4 - 

     11. In Schedule 5, for tables 1, 3 and 4 substitute the tables as set out in Schedule 3 to this Order.



Signed


Falconer of Thoroton, C
Secretary of State for Constitutional Affairs

Date 29th July 2004



SCHEDULE 1
Article 8(c)(i)

(c) Trials (11-25 days) - Queen's Counsel
Offence falling within Basic fee Refresher Length of trial uplift: per day Evidence uplift: per page Witnesses uplift: per witness Length of trial gradient
Class A £1,850 £518 £979 £2.08 £8.80 1%
Class B £975 £365 £688 £3.10 £20.53 3%
Class C £975 £365 £688 £3.10 £20.53 3%
Class D £975 £365 £688 £3.10 £20.53 3%
Class E £975 £365 £688 £3.10 £20.53 3%
Class F £975 £365 £688 £3.10 £20.53 3%
Class G £975 £365 £688 £3.10 £20.53 3%
Class H £975 £365 £688 £3.10 £20.53 3%
Class I £975 £365 £688 £3.10 £20.53 3%

(d) Trials (11-25 days) - other trial advocates
Offence falling within Basic fee Refresher Length of trial uplift: per day Evidence uplift: per page Witnesses uplift: per witness Length of trial gradient
Class A £740 £311 £376 £0.79 £3.38 5%
Class B £250 £204 £172 £1.78 £14.66 15%
Class C £250 £204 £172 £1.78 £14.66 15%
Class D £390 £219 £264 £1.19 £7.88 10%
Class E £210 £186 £131 £1.45 £6.12 15%
Class F £210 £186 £131 £1.45 £6.12 15%
Class G £370 £219 £252 £2.42 £19.97 10%
Class H £250 £204 £172 £1.78 £14.66 15%
Class I £250 £204 £172 £1.78 £14.66 15%



SCHEDULE 2
Article 8(c)(ii)

(e) Trials (26-40 days) - Queen's Counsel
Offence falling within Basic fee Refresher Length of trial uplift: per day Evidence uplift: per page Witnesses uplift: per witness
Class A £1,850 £518 £1,126 £2.08 £8.80
Class B £975 £365 £996 £3.10 £20.53
Class C £975 £365 £996 £3.10 £20.53
Class D £975 £365 £996 £3.10 £20.53
Class E £975 £365 £996 £3.10 £20.53
Class F £975 £365 £996 £3.10 £20.53
Class G £975 £365 £996 £3.10 £20.53
Class H £975 £365 £996 £3.10 £20.53
Class I £975 £365 £996 £3.10 £20.53

(f) Trials (26-40 days) - other trial advocates
Offence falling within Basic fee Refresher Length of trial uplift: per day Evidence uplift: per page Witnesses uplift: per witness
Class A £740 £311 £657 £0.79 £3.38
Class B £250 £204 £558 £1.78 £14.66
Class C £250 £204 £558 £1.78 £14.66
Class D £390 £219 £660 £1.19 £7.88
Class E £210 £186 £425 £1.45 £6.12
Class F £210 £186 £425 £1.45 £6.12
Class G £370 £219 £630 £2.42 £19.97
Class H £250 £204 £558 £1.78 £14.66
Class I £250 £204 £558 £1.78 £14.66



SCHEDULE 3
Article 11


Table 1 Hourly rates for preparation
Column 1 Column 2 Column 3 Column 4 Column 5 Column 6
Solicitor, employed barrister, legal executive or other fee earner Category 1 cases (fraud and terrorism only) Category 2 cases Category 3 cases Category 4 cases (non-fraud only) Standard rates
     £ per hour £ per hour £ per hour £ per hour £ per hour
Level A 180 140 110 110 55.75
Level B 140 110 90 90 47.25
Level C 100 80 70 70 34.00
Pupil/junior 50 40 35 35     
Counsel                         
Queen's Counsel 180 140 110 110     
Leading junior advocate 140 110 90 90     
Led junior advocate 100 80 70 70     
Junior advocate alone 110 90 80 80     
Second led junior advocate 70 55 50 -     
Solicitor Advocate                         
Leading level A 180 140 110 110     
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 advocate 70 55 50 50     


Table 3 Daily rates for advocacy
Column 1 Column 2 Column 3 Column 4 Column 5
     Category 1 cases (fraud and terrorism only) Category 2 cases Category 3 cases Category 4 cases (non-fraud only)
     £ per day £ per day £ per day £ per day
Queen's Counsel 600 600 600 600
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


Table 4 Preliminary hearings
     Amount payable for hearing
     £
Queen's Counsel 140
Leading junior 100
Led junior 70
Junior alone 80
Second led junior 40
Noter 35


EXPLANATORY NOTE

(This note is not part of the Order)


This Order gives the Legal Services Commission a discretion to apply the graduated fees applicable to Crown Court cases as set out in Schedule 4 to the Criminal Defence Service (Funding) Order 2001 ("the 2001 Order") to Very High Cost Cases.

It also amends the definition of a Very High Cost Case as provided for in the 2001 Order to a case where if it proceeds to trial, that trial would be likely to last for 41 days or longer.

The main amendments to the 2001 Order are as follows:

  • article 6 makes an amendment to correct a drafting error in Schedule 2 to the 2001 Order

  • article 8(c)(i) substitutes current tables in paragraph 8 in Part 2 of Schedule 4 with revised tables and article 8(c)(ii) provides for new tables in paragraph 8

  • article 9(a) provides for a new special preparation fee where the pages of prosecution evidence exceed 10,000

  • article 11 substitutes current tables in Schedule 5 with revised tables.

This Order also makes a number of amendments which are consequential on the above.

Notes:

 [1] 1999 c. 22.back

[2] By virtue of the Secretary of State for Constitutional Affairs Order 2003 (S.I. 2003/1887), articles 4(1) and 9, Schedule 1 and Schedule 2 paragraph 11(1)(a).back

[3] S.I. 2001/855; relevant amending instruments are S.I. 2001/1256 and S.I. 2001/3341.back


ISBN 0 11 049668 X


  © Crown copyright 2004

Prepared 6 August 2004

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URL: http://www.bailii.org/uk/legis/num_reg/2004/20042045.html