The Criminal Defence Service (Funding) (Amendment) Order 2005 No. 2621

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STATUTORY INSTRUMENTS

2005 No. 2621
LEGAL SERVICES COMMISSION, ENGLAND AND WALES
The Criminal Defence Service (Funding) (Amendment) Order 2005

	Made	20th September 2005
	Laid before Parliament	21st September 2005
	Coming into force	3rd October 2005

The Secretary of State, in exercise of the powers conferred upon the Lord Chancellor by section 14(3) of the Access to Justice Act 1999[1] and now vested in him[2], having 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 and commencement
     1. This Order may be cited as the Criminal Defence Service (Funding) (Amendment) Order 2005 and shall come into force on 3rd October 2005.

Interpretation
     2. In this Order a reference to a Schedule by number alone is a reference to the Schedule so numbered in the Criminal Defence Service (Funding) Order 2001[3].

Transitional provisions
     3. —(1) Article 4 of this Order shall apply only in respect of appeals made on or after 3rd October 2005 and articles 5 to 22 of this Order shall apply only in respect of proceedings in which a representation order is made on or after that date.

    (2) In respect of all other appeals or proceedings 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
     4. In paragraph 22(7) of Schedule 1 for "Part 8" substitute "Part 52".

     5. In paragraph 4 in Part 1 of Schedule 2—

(b) in sub-paragraph (4) omit "Except in proceedings to which sub-paragraph (5) applies,"; and

(c) omit sub-paragraph (5).

6. In paragraph 5 of Schedule 3 for "24" substitute "25".

7. In paragraph 1(1) in Part 1 of Schedule 4—

(a) in the definition of "trial advocate" add at the end "including a Queen's Counsel or a leading junior counsel so instructed after the hearing at which pleas are taken";

(b) in the definition of "main hearing"—

     8. In paragraph 2 in Part 1 of Schedule 4 omit sub-paragraphs (3) and (4).

     9. In the Table in paragraph 8 in Part 2 of Schedule 4 for the provisions of (a) to (f) substitute the provisions in Part 1 of the Schedule to this Order.

     10. In paragraph 9 in Part 3 of Schedule 4—

(a) in sub-paragraph (1) for "uplift" substitute "and witness uplifts"; and

(b) for paragraph 9(2) substitute—

" (2) The evidence and witness uplifts shall be calculated in accordance with the Table in paragraph 10.".

11. In paragraph 10 in Part 3 of Schedule 4—

(a) at the beginning insert "(1) Subject to sub-paragraphs (2) and (3) of this paragraph," after "evidence" in the first line insert "and witness" and for the provisions of the Table substitute the provisions in Part 2 of the Schedule to this Order; and

(b) at the end add the following sub-paragraphs—

" (2) Where the trial of a case does not commence on the date first fixed or, if it is entered in a warned list, the case is not taken and disposed of from the first warned list in which it is entered, the basic fee and evidence and witness uplifts for the offence shall be those specified for the last third in the Table in sub-paragraph (1) above.

(3) In this paragraph references to the first, second and last third are references to the first, second and last third—

where the number of days in this period of time cannot be divided by three equally, any days remaining after such division shall be added to the last third.".

12. In paragraph 14(1) in Part 4 of Schedule 4 at the end of paragraph (a) omit "and" and at the end of paragraph (b) insert—

" ; and

(c) a hearing to which the court proceeds under Part 2 of the Proceeds of Crime Act 2002[

13. In paragraph 16 in Part 4 of Schedule 4—

(a) after "in a case on indictment" insert "or in any proceedings specified in paragraph 3 of this Schedule"; and

(b) in paragraph (b) after "other than a trial" insert (within the brackets) ", a pleas and directions hearing, a plea and case management hearing or a pre-trial review".

14. In paragraph 17(2) in Part 4 of Schedule 4 for "case or indictment" substitute "case on indictment".

15. In paragraph 19 in Part 4 of Schedule 4—

(a) after sub-paragraph (1)(a) insert the following sub-paragraph—

(b) in sub-paragraph (1)(b) after "travel for the purpose of attending" insert "a view, or";

(c) in sub-paragraph (1A)(b) after "not more than 15 days" insert "and cracked trials where it was accepted by the court at the pleas and directions hearing or the plea and case management hearing that the trial would last not less than 11 days and not more than 15 days";

(d) in sub-paragraph (1A)(c) after "not more than 20 days" insert "and cracked trials where it was accepted by the court at the pleas and directions hearing or the plea and case management hearing that the trial would last not less than 16 days and not more than 20 days";

(e) in sub-paragraph (1A)(d) after "not more than 25 days" insert "and cracked trials where it was accepted by the court at the pleas and directions hearing or the plea and case management hearing that the trial would last not less than 21 days and not more than 25 days";

(f) in sub-paragraph (1A)(e) after "not more than 35 days" insert "and cracked trials where it was accepted by the court at the pleas and directions hearing or the plea and case management hearing that the trial would last not less than 26 days and not more than 35 days"; and

(g) in sub-paragraph (1A)(f) after "not more than 40 days" insert "and cracked trials where it was accepted by the court at the pleas and directions hearing or the plea and case management hearing that the trial would last not less than 36 days and not more than 40 days".

16. In paragraph 23(3) in Part 5 of Schedule 4 for "15 or 16(a) or (b)" substitute "15, 16(a) or (b) or 16A".

17. In paragraph 24(1) in Part 5 of Schedule 4—

(a) in paragraph (b) for "seventy-five per cent" substitute "the proportion" and at the end add "calculated by dividing that fee by 875 and multiplying the product by 750"; and

(b) in paragraph (c) for "one-half" substitute "the proportion" and at the end add "calculated by dividing that fee by 875 and multiplying the product by 500".

     18. In paragraph 26 in Part 5 of Schedule 4 for "25" (in each place) substitute "40" and for "7(1)(b)" substitute "7(1)(a)".

     19. In paragraphs 29(1) and 30(1) in Part 5 of Schedule 4 for "instructed" substitute "assigned under a representation order".

     20. Insert "or plea and case management hearing" after "pleas and directions hearing" in paragraphs 8(1) (in each place) and 12(10B) (in both places) of Schedule 1 and paragraphs 2(2)(a) and (7), 4(b), 6(2)(d), 9(3) (in each place) and (4), 11(1) and (3) and 19(1A)(a) of Schedule 4, and in the Table following paragraph 22 of that Schedule after "Pleas and directions hearing".

     21. Insert "or other advocate" after "trial advocate" in paragraphs 11(1), 13(3) (in each place) and 14(2) (in each place) of Schedule 4.

     22. For Tables 1, 3 and 4 in Schedule 5 substitute the Tables in Part 3 of the Schedule to this Order.

Falconer of Thoroton, C.

20th September 2005

SCHEDULE

PART 1
Article 9

(Provisions to be substituted in Table in paragraph 8 of Schedule 4)

(a) Trials (1-10 days) – Queen's Counsel
Offence falling within	Basic fee	Refresher	Length of trial uplift: per day	Evidence uplift: per page	Witness uplift: per witness
Class A	£1,618.75	£453.25	£685.13	£1.45	£6.16
Class B	£853.13	£319.38	£481.25	£2.17	£14.37
Class C	£853.13	£319.38	£481.25	£2.17	£14.37
Class D	£853.13	£319.38	£481.25	£2.17	£14.37
Class E	£853.13	£319.38	£481.25	£2.17	£14.37
Class F	£853.13	£319.38	£481.25	£2.17	£14.37
Class G	£853.13	£319.38	£481.25	£2.17	£14.37
Class H	£853.13	£319.38	£481.25	£2.17	£14.37
Class I	£853.13	£319.38	£481.25	£2.17	£14.37

(b) Trials (1-10 days) – other trial advocates
Offence falling within	Basic fee	Refresher	Length of trial uplift: per day	Evidence uplift: per page	Witness uplift: per witness
Class A	£740	£207	£313	£0.66	£2.82
Class B	£250	£136	£143	£1.48	£12.22
Class C	£250	£136	£143	£1.48	£12.22
Class D	£390	£146	£220	£0.99	£6.57
Class E	£210	£124	£109	£1.21	£5.10
Class F	£210	£124	£109	£1.21	£5.10
Class G	£370	£146	£210	£2.02	£16.64
Class H	£250	£136	£143	£1.48	£12.22
Class I	£250	£136	£143	£1.48	£12.22

(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	£1,618.75	£453.25	£856.63	£1.82	£7.70	0%
Class B	£853.13	£319.38	£602.00	£2.71	£17.96	0%
Class C	£853.13	£319.38	£602.00	£2.71	£17.96	0%
Class D	£853.13	£319.38	£602.00	£2.71	£17.96	0%
Class E	£853.13	£319.38	£602.00	£2.71	£17.96	0%
Class F	£853.13	£319.38	£602.00	£2.71	£17.96	0%
Class G	£853.13	£319.38	£602.00	£2.71	£17.96	0%
Class H	£853.13	£319.38	£602.00	£2.71	£17.96	0%
Class I	£853.13	£319.38	£602.00	£2.71	£17.96	0%

(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	0%
Class B	£250	£204	£172	£1.78	£14.66	0%
Class C	£250	£204	£172	£1.78	£14.66	0%
Class D	£390	£219	£264	£1.19	£7.88	0%
Class E	£210	£186	£131	£1.45	£6.12	0%
Class F	£210	£186	£131	£1.45	£6.12	0%
Class G	£370	£219	£252	£2.42	£19.97	0%
Class H	£250	£204	£172	£1.78	£14.66	0%
Class I	£250	£204	£172	£1.78	£14.66	0%

(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	£1,618.75	£453.25	£856.63	£1.82	£7.70
Class B	£853.13	£319.38	£602.00	£2.71	£17.96
Class C	£853.13	£319.38	£602.00	£2.71	£17.96
Class D	£853.13	£319.38	£602.00	£2.71	£17.96
Class E	£853.13	£319.38	£602.00	£2.71	£17.96
Class F	£853.13	£319.38	£602.00	£2.71	£17.96
Class G	£853.13	£319.38	£602.00	£2.71	£17.96
Class H	£853.13	£319.38	£602.00	£2.71	£17.96
Class I	£853.13	£319.38	£602.00	£2.71	£17.96

(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	£376	£0.79	£3.38
Class B	£250	£204	£172	£1.78	£14.66
Class C	£250	£204	£172	£1.78	£14.66
Class D	£390	£219	£264	£1.19	£7.88
Class E	£210	£186	£131	£1.45	£6.12
Class F	£210	£186	£131	£1.45	£6.12
Class G	£370	£219	£252	£2.42	£19.97
Class H	£250	£204	£172	£1.78	£14.66
Class I	£250	£204	£172	£1.78	£14.66

PART 2
Article 11

(Provisions to be substituted in Table in paragraph 10 of Schedule 4)

(a) Guilty pleas and trials that crack in the first third – Queen's Counsel
Offence falling within	Basic fee	Evidence uplift per page (pages 1 to 1,000)	Evidence uplift per page (pages 1,001 to 10,000)
Class A	£1,214.50	£2.18	£1.09
Class B	£639.63	£1.93	£0.96
Class C	£639.63	£1.37	£0.68
Class D	£639.63	£3.06	£1.53
Class E	£639.63	£0.98	£0.49
Class F	£639.63	£1.29	£0.65
Class G	£639.63	£1.71	£0.85
Class H	£639.63	£1.77	£0.88
Class I	£639.63	£1.72	£0.86

(b) Trials that crack beyond the first third – Queen's Counsel
				A case that cracks in the second third	A case that cracks in the last third	A case that cracks in the second third	A case that cracks in the last third
Offence falling within	Basic fee	Evidence uplift per page (pages 1 to 1,000)	Witness uplift per witness (witnesses 11 to 80)	Evidence uplift per page (pages 1,001 to 10,000)	Evidence uplift per page (pages 1,001 to 10,000)	Witness uplift (witnesses in excess of 80)	Witness uplift (witnesses in excess of 80)
Class A	£1,618.75	£4.36	£19.57	£1.44	£4.36	£4.89	£19.57
Class B	£853.13	£3.86	£26.14	£1.28	£3.86	£6.54	£26.14
Class C	£853.13	£2.74	£21.40	£0.90	£2.74	£5.36	£21.40
Class D	£853.13	£6.12	£43.41	£2.02	£6.12	£10.85	£43.41
Class E	£853.13	£1.96	£15.01	£0.65	£1.96	£3.75	£15.01
Class F	£853.13	£2.57	£19.44	£0.85	£2.57	£4.87	£19.44
Class G	£853.13	£3.41	£23.02	£1.13	£3.41	£5.76	£23.02
Class H	£853.13	£3.53	£23.35	£1.16	£3.53	£5.84	£23.35
Class I	£853.13	£3.45	£23.92	£1.14	£3.45	£5.99	£23.92

(c) Guilty pleas and trials that crack in the first third – other trial advocates
Offence falling within	Basic fee	Evidence uplift per page (pages 1 to 1,000)	Evidence uplift per page (pages 1,001 to 10,000)
Class A	£555	£1.14	£0.57
Class B	£188	£0.99	£0.50
Class C	£188	£0.74	£0.37
Class D	£293	£1.45	£0.72
Class E	£158	£0.43	£0.22
Class F	£158	£0.66	£0.33
Class G	£278	£1.25	£0.63
Class H	£188	£0.67	£0.33
Class I	£188	£0.52	£0.26

(d) Trials that crack beyond the first third – other trial advocates
					A case that cracks in the second third	A case that cracks in the last third	A case that cracks in the second third	A case that cracks in the last third
Offence falling within	Basic fee	Evidence uplift per page (pages 1 to 250)	Evidence uplift per page (pages 251 to 1,000)	Witness uplift per witness (witnesses 11 to 80)	Evidence uplift per page (pages 1,001 to 10,000)	Evidence uplift per page (pages 1,001 to 10,000)	Witness uplift (witnesses in excess of 80)	Witness uplift (witnesses in excess of 80)
Class A	£740.00	£4.91	£2.28	£11.53	£0.75	£2.28	£2.88	£11.53
Class B	£250.00	£4.27	£1.99	£23.29	£0.66	£1.99	£5.82	£23.29
Class C	£250.00	£3.17	£1.47	£34.69	£0.49	£1.47	£8.67	£34.69
Class D	£390.00	£6.22	£2.89	£28.79	£0.95	£2.89	£7.20	£28.79
Class E	£210.00	£1.86	£0.87	£11.91	£0.29	£0.87	£2.98	£11.91
Class F	£210.00	£2.86	£1.33	£9.39	£0.44	£1.33	£2.35	£9.39
Class G	£370.00	£5.39	£2.51	£22.55	£0.83	£2.51	£5.64	£22.55
Class H	£250.00	£2.87	£1.34	£31.30	£0.44	£1.34	£7.83	£31.30
Class I	£250.00	£2.24	£1.04	£18.85	£0.34	£1.04	£4.71	£18.85

PART 3
Article 22

(Tables to be substituted in Schedule 5)

Table 1 Hourly rates for preparation

Column 1	Column 2	Column 3	Column 4	Column 5	Column 6
	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
Solicitor, employed barrister, legal executive or other fee earner
Level A	160	125	100	100	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	160	125	100	100
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	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 advocate	70	55	50	50

Table 3 Daily rates for advocacy

	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	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

Table 4 Preliminary hearings

	Amount payable for hearing
	£
Queen's Counsel	125
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 amends the Criminal Defence Service (Funding) Order 2001 ("the 2001 Order").

The principal amendments are as follows:

A full regulatory impact assessment has not been produced for this instrument as it has no impact on the costs of business.

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. The relevant amending instruments are S.I. 2001/3341 and 2004/2045.back

[4] 2002 c.29.back

ISBN 0 11 073364 9

Prepared 26 September 2005

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