Made - - - - 2010
Coming into operation - 2010
To be laid before Parliament
The Lord Chancellor makes the following Rules in exercise of the powers conferred by Article 36(3) of the Legal Aid, Advice, and Assistance (Northern Ireland) Order 1981 (a), and now vested in The Lord Chancellor (b).
In accordance with Article 36(3) of that Order, the Lord Chancellor has consulted with the Lord Chief Justice, the Attorney General and the Crown Court Rules Committee and has obtained the approval of the Treasury.
In accordance with Article 37 of that Order, the Lord Chancellor has had regard to the matters specified in that Article.
1.These Rules may be cited as the Crown Court (Criminal Legal Aid) (Costs) Rules (Northern Ireland) 2010 and shall come into operation on...2010.
2.In these Rules, unless the context otherwise requires–
“advocate” means–
“apprentice or fee earner of equivalent experience” means an apprentice solicitor or other fee earner who, in the judgment of the Commission, carries out the routine work on a case;
“assisted person” means a person in receipt of legal aid;
“case” means proceedings in the Crown Court against one assisted person–
and a case falling within paragraph (b) shall be treated as a separate case from the proceedings in which the order was made;
“Class of Offence” has the meaning given by paragraphs 4 and 5 of Schedule 1;
Footnotes:
“the Commission” means the Northern Ireland Legal Services Commission established under Article 3 of the Access to Justice (Northern Ireland) Order 2003(a);
“costs” means, in the case of a solicitor, the fees and disbursements payable under Article 36 of the Order and, in the case of an advocate, the fees payable under that Article;
“counsel” means counsel assigned under a criminal aid certificate granted under Article 29 of the Order, or counsel who undertook the defence of a person at the request of the judge under Article 36(2) of the Order;
“the Court Service” means the Northern Ireland Court Service established under section 69 of the Judicature (Northern Ireland) Act 1978;
“disbursements” means travelling and witness expenses and other out of pocket expenses incurred by a solicitor in giving legal aid;
“fee-earner” means a solicitor or any clerk who regularly does work for which it is appropriate to make a direct charge to the client;
“instructed advocate” means–
“leading instructed advocate” means the first leading counsel or solicitor advocate instructed in the case, who has primary responsibility for those aspects of a case undertaken by a leading advocate;
“led instructed advocate” means the first led counsel or solicitor advocate instructed in the case, who has primary responsibility for those aspects of the case undertaken by a led advocate;
“legal aid” means legal aid given under a criminal aid certificate granted under Article 29, or deemed to have been granted under Article 36(2), of the Order;
“Newton hearing” means a hearing at which evidence is heard for the purpose of determining the sentence of a convicted person in accordance with the principles of R v Newton (1982) 77 Cr App R 13;
“the Order” means the Legal Aid, Advice and Assistance (Northern Ireland) Order 1981(b); “related proceedings” means–
that the defendants are charged, tried or disposed of together;
“representative” means a solicitor or an advocate, including, where appropriate, an instructed advocate;
“the 1992 Rules” means the Legal Aid in Criminal Proceedings (Costs) Rules (Northern Ireland) 1992(c);
“the 2005 Rules” means the Legal Aid for Crown Court Proceedings (Costs) Rules (Northern Ireland 2005(d);
“senior solicitor” means a solicitor who has not less than eight years post qualification experience in criminal defence work;
“solicitor” means a solicitor assigned under a criminal aid certificate granted under Article 29 of the Order, or a solicitor who undertook the defence of a person at the request of the judge under Article 36(2) of the Order;
“Table of Offences” has the meaning given by paragraphs 4 and 5 of Schedule 1;
“taxing master” means the Master (Taxing Office);
“a Very High Cost Case” is a case in respect of which a Very High Cost Case Certificate has been granted, either by the Commission under rule 16A or the taxing master under rule 16C of the 2005 Rules, or which went to trial where the trial exceeded 25 days.
Footnotes:
3.—(1) Subject to paragraph (4), where a criminal aid certificate is granted on or after [the commencement date] the provisions of these Rules apply.
(2) Where a criminal aid certificate is granted on or after 4 April 2005, but before [the commencement date] the provisions of the 2005 Rules apply.
(3) Where a criminal aid certificate is granted before 4 April 2005, the provisions of the 1992 Rules apply.
(4) These Rules do not apply to a Very High Cost Case.
4.—(1) Claims for fees by solicitors in proceedings in the Crown Court must be made and determined in accordance with the provisions of Schedule 1 to these Rules.
(2) Claims for disbursements by solicitors in proceedings in the Crown Court must be made and determined in accordance with the provisions of rules 9 to 11.
(3) Subject to rule 22, a claim by a solicitor for fees in respect of work done under a criminal aid certificate must not be entertained unless the solicitor submits it within three months of the conclusion of the proceedings to which it relates.
(4) Subject to paragraph (5), a claim for fees in proceedings in the Crown Court must be submitted to the Commission in such form and manner as it may direct and must be accompanied by the criminal aid certificate and any receipts or other documents in support of any disbursement claimed.
(5) A claim under paragraph 14 or 20 of Schedule 1 to these Rules must—
(a) summarise the items of work done by a fee earner in respect of which fees are claimed according to the classes specified in paragraph 2(1) of Schedule 1;
(b) state, where appropriate, the dates on which the items of work were done, the time taken, the sums claimed and whether the work was done for more than one assisted person;
(c) specify, where appropriate, the level of fee earner who undertook each of the items of work claimed; and
(d) give particulars of any work done in relation to more than one indictment or a retrial.
(6) Where the solicitor claims that paragraph 23 of Schedule 1 applies in relation to an item of work, the solicitor must give full particulars in support of the claim.
(7) The solicitor must specify any special circumstances which the solicitor considers should be drawn to the attention of the Commission.
(8) The solicitor must supply such further information and documents as the Commission may require.
5.—(1) Claims for fees by an instructed advocate in proceedings in the Crown Court must be made and determined in accordance with the provisions of Schedule 2 to these Rules.
(2) A claim for fees under this rule and Schedule 2 must be made by each instructed advocate.
(3) Subject to rule 22, a claim by an instructed advocate for fees in respect of work done under a criminal aid certificate must not be entertained unless that advocate submits it within three months of the conclusion of the proceedings to which it relates.
(4) An instructed advocate must submit a claim for fees to the Commission in such form and manner as it may direct.
(5) An instructed advocate must supply further information and documents as the Commission may require.
(6) Where a confiscation hearing under Part 4 of the Proceeds of Crime Act 2002(a) (Confiscation: Northern Ireland) is to be held more than 28 days after—
(a) the conclusion of the trial to which the criminal aid certificate relates; or
(b) the entering of a guilty plea,
an instructed advocate may submit any claim for fees in respect of the trial or guilty plea as soon as the trial has concluded or the guilty plea has been entered.
(7) Where a criminal aid certificate provides for representation by—
(a) a single advocate other than a QC, and a QC agrees to appear as the single advocate; or
(b) two or more advocates other than QC, and a QC agrees to appear as a leading junior,
that QC must be treated for all the purposes of these Rules as having been instructed under that criminal aid certificate, and his remuneration must be determined as if he were not a QC.
6.Where a criminal aid certificate has been granted in respect of any proceedings to which these Rules apply, a representative must not receive or be a party to the making of any payment for work done in connection with those proceedings, except such payments as may be made—
7.—(1) Where a case is returned for trial to the Crown Court when a notice of transfer has been given under Article 3 of the Criminal Justice (Serious Fraud) (Northern Ireland) Order 1988(b) or under Article 4 of the Children’s Evidence (Northern Ireland) Order 1995(c), the payment in relation to work carried out in the magistrates’ court is included within the applicable fee payable under Schedule 1 or Schedule 2.
8. Proceedings for contempt committed, or alleged to have been committed, by an individual in the face of the Court, will be remunerated as set out in the relevant paragraphs of Schedules 1 and 2.
9.—(1) A solicitor may submit a claim to the Commission for payment of a disbursement for which the solicitor has incurred liability in criminal proceedings in the Crown Court in accordance with the provisions of this rule.
(2) A claim for payment under paragraph (1) may be made where—
(3) Without prejudice to rule 11(4) and (5), a claim under paragraph (1) shall not exceed £2,500 or the maximum fee authorised under the prior authority, whichever is the greater.
(4) A claim for payment under paragraph (1) may be made at any time before the solicitor submits a claim for costs under rule 5(1).
(5) A claim under paragraph (1) shall be submitted to the Commission in such form and manner as it may direct and shall be accompanied by the authority to incur the expenditure (if applicable) and any invoices or other documents in support of the claim.
(6) The Commission shall allow the disbursement, subject to the limit in paragraph (3), if it appears to have been reasonably incurred and discharged in accordance with the guidance or prior authority.
(7) The Commission must notify the solicitor and, where the disbursement claimed includes the fees or charges of any person may notify that person, of its decision.
(8) Where the Commission allows the disbursement, it shall notify the solicitor and authorise payment to him accordingly.
(9) Rules 19 to 21 (redetermination etc.) shall not apply to a payment under this rule.
10.—(1) On a final determination of costs, rules 4(2) and 11 apply notwithstanding that a payment has been made under rule 9.
(2) Where the amount found to be due under rule 11 in respect of a disbursement is less than the amount paid under rule 9 (“the interim payment”), the Commission must deduct the difference from the sum otherwise payable to the solicitor on the determination of costs, and where the amount due under rule 11 exceeds the interim payment, the Commission must add the difference to the amount otherwise payable to the solicitor.
11.—(1) Subject to the provisions of this rule, the Commission must allow such disbursements claimed under rule 4(2) as appear to it to have been reasonably incurred.
(2) If the disbursements claimed are abnormally large by reason of the distance of the court or the assisted person’s residence or both from the solicitor’s place of business, the Commission may limit reimbursement of the disbursements to what otherwise would, having regard to all the circumstances, be a reasonable amount.
(3) No question as to the propriety of any step or act in relation to which prior authority has been obtained under these Rules may be raised on any determination of disbursements, unless the solicitor knew or ought reasonably to have known that the purpose for which the authority was given had failed or had become irrelevant or unnecessary before the disbursements were incurred.
(4) Where disbursements are reasonably incurred in accordance with and subject to the limit imposed by a prior authority given under these Rules, no question may be raised on any determination of fees as to the amount of the payment to be allowed for the step or act in relation to which the authority was given.
(5) Where costs are incurred in taking any steps or doing any act for which authority may be given under these Rules, without such authority having been given or in excess of any fee so authorised, payment in respect of those disbursements may nevertheless be allowed on a determination of disbursements payable under rule 4.
12.—(1) The Commission must make an interim payment in respect of a claim for fees in proceedings in the Crown Court in accordance with this rule.
(2) Entitlement to a payment arises in respect of a claim for fees by an instructed advocate, where—
(3) For the purposes of this rule, the following claims for fees are related to each other—
(4) Entitlement to a payment under paragraph (1) does not arise until three months have elapsed from the earlier of—
(5) An instructed advocate may submit a claim for an interim payment under this rule where—
(6) Subject to rule 22, payment must not be made under this rule unless the representative has submitted a claim for fees in accordance with rule 4(3) or 5(3), as appropriate.
13.—(1) Where entitlement to an interim payment arises under rule 12, the amount payable is 40 per cent of the total claim for fees, less any sum already paid.
(2) Rules 19 to 21 do not apply to an interim payment under this rule.
14.—(1) Subject to paragraphs (5) and (6), the Commission may allow a hardship payment to a representative in the circumstances set out in paragraph (2).
(2) Those circumstances are that the representative—
(3) Every application for a hardship payment by an advocate must be accompanied by such information and documents as the Commission may require as evidence of—
(4) Every application for a hardship payment by a solicitor must be accompanied by such information and documents as the Commission may require as evidence of–
(5) The amount of any hardship payment is at the discretion of the Commission, but must not exceed such sum as would be reasonable remuneration for the work done by the representative in the proceedings up to the date of the application.
(6) A hardship payment must not be made if it appears to the Commission that the sum which would be reasonable remuneration for the representative, or the sum required to relieve his financial hardship, is less than £5,000 (excluding VAT).
(7) Where the Commission allows a hardship payment under paragraph (1), it must authorise payment accordingly.
(8) Where the application for a hardship payment is made by an advocate other than an instructed advocate, and the Commission allows a hardship payment under paragraph (1)—
15.—(1) At the conclusion of a case in which one or more payments have been made to an instructed advocate or a solicitor under rules 12 to 14, that representative must submit a claim under rule 4 or 5 for the determination of his overall remuneration, whether or not such a claim will result in any payment additional to those already made.
(2) In the determination of the amount payable to an instructed advocate or solicitor under rule 4 or 5—
16.—(1) Having determined the fees payable to a solicitor in accordance with Schedule 1, the Commission must authorise payment accordingly.
(2) Where the Commission determines that the fees payable under paragraph (1) are greater than or less than the amount claimed by the solicitor under rule 4(1), it must notify the solicitor of the amount it has determined to be payable.
(3) Where, as a result of any redetermination or appeal made or brought pursuant to rules 19 to 21—
(4) Where the payment of any fees of the solicitor is ordered under rule 20(12) or rule 21(8), the Commission must authorise payment.
17.—(1) Having determined the fees payable to each instructed advocate in accordance with Schedule 2, the Commission must notify each instructed advocate of the fees payable and authorise payment accordingly.
(2) Where, as a result of any redetermination or appeal made or brought pursuant to rules 19 to 21—
(3) Where the payment of any fees of an instructed advocate is ordered under rule 20(12) or rule 21(8), the Commission must authorise payment.
18.—(1) This rule applies where a representative is entitled to be paid a certain sum (“the amount due”) by virtue of the provisions of Schedules 1 or 2 and, for whatever reason, the representative is paid an amount greater than that sum.
(2) Where this rule applies, the Commission may—
(3) The Commission may proceed under paragraph (2)(b) without first proceeding under paragraph (2)(a).
(4) Paragraph (2) applies notwithstanding that the representative to whom the excess amount was paid is exercising, or may exercise, a right under rules 19 to 21.
19.—(1) Where—
the advocate, instructed advocate or solicitor, as the case may be, may apply to the Commission to redetermine those fees, to review that decision or to reclassify the offence, as appropriate.
(2) An application under paragraph (1) may not challenge the quantum of any of the fees set out in Schedule 1 and Schedule 2.
(3) Subject to rule 22, an application under paragraph (1) must be made—
(4) The notice of application must be accompanied by the information and documents supplied under rule 4 or 5, as appropriate.
(5) The notice of application must state whether the applicant wishes to appear or to be represented and, if the applicant so wishes, the Commission must notify the applicant of the hearing date and time.
(6) The applicant must supply such further information and documents as the Commission may require.
(7) The Commission must, in the light of the objections made by the applicant or on the applicants behalf—
as the case may be, and must notify the applicant of its decision.
(8) Where the applicant so requests, the Commission must give reasons in writing for its decision.
(9) Subject to rule 22, any request under paragraph (8) must be made within 21 days of receiving notification of the Commission’s decision under paragraph (7).
20.—(1) Where the Commission has given its reasons for its decision under rule 19(8), a representative who is dissatisfied with that decision may appeal to the taxing master.
(2) Subject to rule 22, an appeal under paragraph (1) must be instituted within 21 days of the receipt of the Commission’s reason, by giving notice in writing to the taxing master.
(3) The appellant must send a copy of any notice of appeal given under paragraph (2) to the Commission.
(4) The notice of appeal must be accompanied by—
(5) The notice of appeal must—
(6) The taxing master may, and if so directed by the Lord Chancellor either generally or in a particular case must, send to the Lord Chancellor a copy of the notice of appeal together with copies of such other documents as the Lord Chancellor may require.
(7) With a view to ensuring that the public interest is taken into account, the Lord Chancellor may arrange for written representatives to be made and if intending to do so, the Lord Chancellor shall inform the taxing master and the appellant.
(8) Any written representations made on behalf of the Lord Chancellor under paragraph (7) must be sent to the taxing master and the appellant and, in the case of oral representations, the taxing master and the appellant must be informed of the grounds on which such representations will be made.
(9) The appellant must be permitted a reasonable opportunity to make representations in reply.
(10) The taxing master must inform the appellant (appellant’s representative) and the Lord Chancellor, where representations have been or are to be made on the Lord Chancellor’s behalf, of the date of any hearing and, subject to the provisions of this rule, may give directions as to the conduct of the appeal.
(11) The taxing master may consult the trial judge or the Commission and may require the appellant to provide any further information required for the purpose of the appeal and, unless the taxing master otherwise directs, no further evidence may be received on the hearing of the appeal and no ground of objection may be raised which was not raised under rule 29.
(12) The taxing master has the same powers as the Commission under these Rules and, in the exercise of such powers, may alter the redetermination of the Commission in respect of any sum allowed, whether by increase or decrease.
(13) The taxing master must communicate the decision and the reasons for it in writing to the appellant, the Lord Chancellor and the Commission.
(14) Where the sums determined under rule 4 or 5, as appropriate, are increased, the taxing master may allow the appellant a sum in respect of part or all of any reasonable costs incurred by the appellant in connection with the appeal (including any fee payable in respect of an appeal).
21.—(1) A representative who is dissatisfied with the decision of the taxing master on an appeal under rule 20 may apply to the taxing master to certify a point of principle of general importance.
(2) Subject to rule 22, an application under paragraph (1) must be made within 21 days of receiving notification of the taxing master’s decision under rule 20(13).
(3) Where the taxing master certifies a point of principle of general importance the appellant may appeal to the High Court against the decision of the taxing master on an appeal under rule 20, and the Lord Chancellor must be a respondent to such an appeal.
(4) Subject to rule 22, an appeal under paragraph (3) must be instituted within 21 days of receiving notification of the taxing master’s certificate under paragraph (1).
(5) Where the Lord Chancellor is dissatisfied with the decision of the taxing master on an appeal under rule 20, the Lord Chancellor may, if no appeal has been made by an appellant under paragraph (3), appeal to the High Court against that decision, and the appellant must be a respondent to the appeal.
(6) Subject to rule 22, an appeal under paragraph (5) must be instituted within 21 days of receiving notification of the taxing master’s decision under rule 20(13).
(7) The decision of the High Court on an appeal under paragraph (3) or (5) shall be final.
(8) The judge has the same powers as the Commission and the taxing master under these Rules and may reverse, affirm or amend the decision appealed against or make such other order as the judge thinks fit.
22.—(1) Subject to paragraph (2), the time limit within which any act is required or authorised to be done under these Rules may, for good reason, be extended—
(2) Where a representative without good reason has failed (or, if an extension were not granted, would fail) to comply with a time limit, the Commission, the taxing master or the High Court, as the case may be, may, in exceptional circumstances, extend the time limit and must consider whether it is reasonable in the circumstances to reduce the fees payable to the representative under rules 4 or 5, provided that the fees must not be reduced unless the representative has been allowed a reasonable opportunity to show cause orally or in writing why the fees should not be reduced.
(3) A representative may appeal to the taxing master against a decision made under this rule by the Commission and such an appeal must be instituted within 21 days of the decision being given by giving notice in writing to the taxing master specifying the grounds of appeal.
1.—(1) In this Schedule—
“cracked trial” means a case on indictment in which—
“PPE Cut-off” means the minimum number of pages of prosecution evidence for use in calculating the fee payable to a solicitor under this Schedule, as set out in the tables following paragraphs 4(1) and 4(2).
(2) For the purpose of this Schedule, the number of pages of prosecution evidence served on the court includes all—
which form part of the committal or served prosecution documents or which are included in any notice of additional evidence, but does not include any document provided on CD-ROM or by other means of electronic communication.
(3) In proceedings on indictment in the Crown Court initiated otherwise than by committal for trial, the Commission must determine the number of pages of prosecution evidence in accordance with sub-paragraph (2) or as nearly in accordance with sub-paragraph (2) as possible as the nature of the case permits.
(4) A reference to the Table of Offences in this Schedule is to the Table of Offences in Schedule 3 and a reference to a Class of Offence in this Schedule refers to the Class in which that offence is listed in the Table of Offences.
2.—(1) Subject to sub-paragraphs (2) to (3), this Schedule applies to—
(2) Sub-paragraph (3) applies where proceedings are transferred to the Crown Court under—
(3) Where, at any time after proceedings are transferred to the Crown Court under the provisions referred to in sub-paragraph (2), the prosecution—
(4) Where, the following a case on indictment, a Newton hearing takes place—
(5) For the purposes of this Schedule, a case on indictment which discontinues at or before first arraignment otherwise than—
must be treated as a guilty plea.
(6) For the purposes of this Schedule, where the number of pages of prosecution evidence in a case which is not a Very High Cost Case exceeds–
the case must be treated as though it had 10,000 pages of prosecution evidence.
3.—(1) For the purposes of this Schedule—
(2) Where a solicitor in proceedings in the Crown Court is dissatisfied with the classification within Class H of an indictable offence not listed in the Table of Offences, the solicitor may apply to the Commission, when lodging his claim for fees, to reclassify the offence.
(3) The Commission must, in light of the objections made by the solicitor—
and must notify the solicitor of its decision.
4.—(1) For the purposes of this Part, the PPE Cut-off figures in a cracked trial or guilty plea are specified in the Table following this sub-paragraph, as appropriate to the offence with which the assisted person is charged.
PPE Cut-off figures in cracked trials and guilty pleas
| Class of offence | |||||||||||
| Type of case | A | B | C | D | E | F | G | H | I | J | K |
| Cracked trial or guilty plea | 150 | 70 | 40 | 80 | 40 | 50 | 120 | 40 | 40 | 80 | 120 |
(2) For the purposes of this Part, the PPE Cut-off figures in a trial are specified in the Table following this sub-paragraph, as appropriate to the offence for which the assisted person is tried, and the length of trial.
PPE Cut-off figures in trials
| Trial length in days | PPE Cut off A |
PPE Cut off B |
PPE Cut off C |
PPE Cut off D |
PPE Cut off E |
PPE Cut off F |
PPE Cut off G |
PPE Cut off H |
PPE Cut off I |
PPE Cut off J |
PPE Cut off K |
| 1 | 150 | 70 | 40 | 80 | 40 | 50 | 120 | 40 | 40 | 80 | 120 |
| 2 | 150 | 70 | 40 | 80 | 40 | 50 | 120 | 40 | 40 | 80 | 120 |
| 3 | 246 | 105 | 81 | 95 | 120 | 138 | 186 | 122 | 134 | 95 | 186 |
| 4 | 341 | 139 | 120 | 126 | 158 | 173 | 252 | 157 | 185 | 126 | 252 |
| 5 | 431 | 170 | 157 | 156 | 195 | 206 | 314 | 191 | 232 | 156 | 314 |
| 6 | 523 | 203 | 193 | 186 | 229 | 240 | 372 | 225 | 281 | 186 | 372 |
| 7 | 615 | 238 | 230 | 218 | 265 | 276 | 433 | 260 | 329 | 218 | 433 |
| 8 | 716 | 274 | 267 | 257 | 301 | 310 | 495 | 301 | 376 | 257 | 495 |
| 9 | 807 | 306 | 301 | 293 | 333 | 342 | 550 | 338 | 420 | 293 | 550 |
| 10 | 898 | 338 | 339 | 330 | 365 | 373 | 606 | 374 | 464 | 330 | 606 |
| 11 | 991 | 370 | 378 | 367 | 399 | 405 | 663 | 412 | 509 | 367 | 663 |
| 12 | 1,084 | 402 | 417 | 404 | 433 | 437 | 721 | 449 | 554 | 404 | 721 |
| 13 | 1,184 | 434 | 455 | 440 | 467 | 470 | 779 | 486 | 598 | 440 | 779 |
| 14 | 1,286 | 465 | 493 | 477 | 500 | 501 | 836 | 523 | 642 | 477 | 836 |
| 15 | 1,389 | 497 | 531 | 514 | 532 | 533 | 894 | 559 | 686 | 514 | 894 |
| 16 | 1,491 | 535 | 569 | 551 | 565 | 564 | 951 | 596 | 730 | 551 | 951 |
| 17 | 1,594 | 573 | 607 | 587 | 598 | 596 | 1,007 | 637 | 774 | 587 | 1,007 |
| 18 | 1,696 | 611 | 646 | 624 | 646 | 627 | 1,063 | 687 | 818 | 624 | 1,063 |
| 19 | 1,798 | 649 | 684 | 661 | 696 | 659 | 1,119 | 736 | 862 | 661 | 1,119 |
| 20 | 1,901 | 687 | 722 | 697 | 746 | 690 | 1,174 | 786 | 907 | 697 | 1,174 |
| 21 | 2,017 | 722 | 753 | 742 | 787 | 720 | 1,230 | 826 | 943 | 742 | 1,230 |
| 22 | 2,132 | 757 | 785 | 786 | 828 | 752 | 1,286 | 867 | 980 | 786 | 1,286 |
| 23 | 2,247 | 792 | 819 | 830 | 868 | 784 | 1,341 | 908 | 1,017 | 830 | 1,341 |
| 24 | 2,362 | 826 | 857 | 874 | 908 | 816 | 1,396 | 948 | 1,053 | 874 | 1,396 |
| 25 | 2,477 | 860 | 894 | 917 | 948 | 848 | 1,451 | 988 | 1,088 | 917 | 1,451 |
Cracked trial or guilty plea where the number of pages of prosecution evidence is less than or equal to the PPE Cut-off
5.—(1) Where in a cracked trial or guilty plea 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) as appropriate to the Class of Offence with which the assisted person is charged, the total fee payable to the solicitor will be—
(2) For the purposes of sub-paragraph (1), the basic fee appropriate to a cracked trial or a guilty plea is specified in the Table following this sub-paragraph, in accordance with the type of case and Class of Offence with which the assisted person is charged.
| Class of Offence | ||||||
| Type of case | A | B | C | D | E | F |
| Cracked trial | 2785.18 | 1036.20 | 766.89 | 1255.67 | 340.50 | 327.63 |
| Guilty plea | 1907.11 | 609.44 | 485.38 | 708.34 | 202.41 | 214.59 |
| Class of Offence | ||||||
| Type of case | G | H | I | J | K | |
| Cracked trial | 1074.22 | 346.31 | 370.66 | 1321.76 | 1130.76 | |
| Guilty plea | 667.17 | 209.28 | 191.34 | 745.63 | 702.29 | |
Trial where the number of pages of prosecution evidence is less than or equal to the PPE Cut-off
6.—(1) Where in a trial 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) as appropriate to the Class of Offence for which the assisted person is tried and the length of trial, the total fee payable to the solicitor will be—
(2) For the purposes of sub-paragraph (1), the basic fee appropriate to a trial is specified in the table following this sub-paragraph, in accordance with the Class of Offence for which the assisted person is tried.
Basic Fees for trials (£)
| Class of Offence | ||||||
| Type of case | A | B | C | D | E | F |
| Trial | 2785.18 | 1202.92 | 810.51 | 1527.89 | 386.54 | 391.89 |
| Class of Offence | ||||||
| Type of case | G | H | I | J | K | |
| Trial | 1074.22 | 392.05 | 391.75 | 1608.31 | 1130.76 | |
(3) For the purposes of sub-paragraph (1), the length of trial proxy is specified in the table below, in accordance with the Class of Offence for which the assisted person is tried and the length of trial.
Length of trial proxy
| Trial Length in days | Trial length proxy A | Trial length proxy B | Trial length proxy C | Trial length proxy D | Trial length proxy E | Trial length proxy F | Trial length proxy G | Trial length proxy H | Trial length proxy I | Trial length proxy J | Trial length proxy K |
| 1 | 0.00 | 0.00 | 0.00 | 0.00 | 0.00 | 0.00 | 0.00 | 0.00 | 0.00 | 0.00 | 0.00 |
| 2 | 0.00 | 0.00 | 0.00 | 0.00 | 0.00 | 0.00 | 0.00 | 0.00 | 0.00 | 0.00 | 0.00 |
| 3 | 1,567.39 | 496.31 | 473.98 | 262.93 | 785.29 | 706.78 | 597.73 | 771.17 | 945.08 | 276.76 | 629.18 |
| 4 | 3,125.99 | 964.00 | 924.20 | 801.42 | 1,132.77 | 984.95 | 1,187.50 | 1,106.66 | 1,447.59 | 843.60 | 1,250.00 |
| 5 | 4,606.67 | 1,408.31 | 1,351.90 | 1,312.99 | 1,462.86 | 1,249.21 | 1,747.80 | 1,425.36 | 1,924.97 | 1,382.09 | 1,839.79 |
| 6 | 6,102.89 | 1,858.61 | 1,776.66 | 1,833.56 | 1,772.17 | 1,519.38 | 2,270.67 | 1,741.43 | 2,411.61 | 1,930.05 | 2,390.18 |
| 7 | 7,586.15 | 2,303.80 | 2,203.87 | 2,346.50 | 2,099.12 | 1,789.40 | 2,824.77 | 2,059.74 | 2,890.57 | 2,469.99 | 2,973.44 |
| 8 | 9,069.42 | 2,748.97 | 2,631.09 | 2,859.44 | 2,426.07 | 2,055.07 | 3,378.86 | 2,378.05 | 3,369.53 | 3,009.93 | 3,556.69 |
| 9 | 10,404.37 | 3,149.63 | 3,015.57 | 3,342.88 | 2,720.32 | 2,294.19 | 3,877.54 | 2,664.53 | 3,806.50 | 3,518.82 | 4,081.63 |
| 10 | 11,739.31 | 3,550.30 | 3,400.07 | 3,826.32 | 3,014.59 | 2,533.30 | 4,376.22 | 2,951.00 | 4,243.47 | 4,027.71 | 4,606.55 |
| 11 | 13,101.98 | 3,951.50 | 3,794.99 | 4,313.36 | 3,322.37 | 2,779.24 | 4,897.29 | 3,245.35 | 4,689.34 | 4,540.38 | 5,155.06 |
| 12 | 14,465.79 | 4,352.20 | 4,190.10 | 4,797.10 | 3,630.24 | 3,025.17 | 5,418.70 | 3,539.33 | 5,135.58 | 5,049.58 | 5,703.89 |
| 13 | 15,805.12 | 4,752.90 | 4,576.22 | 5,280.84 | 3,937.70 | 3,270.12 | 5,940.11 | 3,826.93 | 5,574.00 | 5,558.78 | 6,252.75 |
| 14 | 17,144.46 | 5,153.61 | 4,962.33 | 5,764.59 | 4,235.69 | 3,510.51 | 6,461.49 | 4,114.53 | 6,012.41 | 6,067.98 | 6,801.57 |
| 15 | 18,483.80 | 5,554.31 | 5,348.45 | 6,248.32 | 4,532.77 | 3,750.89 | 6,982.85 | 4,402.14 | 6,450.82 | 6,577.18 | 7,350.37 |
| 16 | 19,823.13 | 5,955.02 | 5,734.56 | 6,732.06 | 4,829.87 | 3,991.29 | 7,503.38 | 4,689.74 | 6,889.23 | 7,086.38 | 7,898.30 |
| 17 | 21,162.47 | 6,355.73 | 6,120.68 | 7,215.80 | 5,126.96 | 4,231.68 | 8,010.04 | 4,977.34 | 7,327.64 | 7,595.57 | 8,431.63 |
| 18 | 22,501.80 | 6,756.43 | 6,506.79 | 7,699.54 | 5,424.05 | 4,472.07 | 8,516.70 | 5,264.94 | 7,766.05 | 8,104.77 | 8,964.95 |
| 19 | 23,841.14 | 7,157.13 | 6,892.90 | 8,183.28 | 5,721.14 | 4,712.46 | 9,023.36 | 5,552.54 | 8,204.46 | 8,613.97 | 9,498.27 |
| 20 | 25,180.48 | 7,557.84 | 7,279.02 | 8,667.02 | 6,018.23 | 4,952.85 | 9,530.02 | 5,840.14 | 8,642.88 | 9,123.17 | 10,031.60 |
| 21 | 26,528.83 | 7,927.97 | 7,596.29 | 9,159.97 | 6,263.74 | 5,149.52 | 10,036.68 | 6,076.67 | 9,003.14 | 9,642.08 | 10,564.93 |
| 22 | 27,868.58 | 8,298.07 | 7,913.63 | 9,652.84 | 6,509.26 | 5,346.28 | 10,543.34 | 6,313.31 | 9,363.42 | 10,160.89 | 11,098.26 |
| 23 | 29,208.32 | 8,668.15 | 8,231.00 | 10,137.38 | 6,747.46 | 5,543.04 | 11,050.01 | 6,549.95 | 9,723.73 | 10,670.92 | 11,631.58 |
| 24 | 30,548.08 | 9,029.83 | 8,548.37 | 10,621.91 | 6,985.68 | 5,739.80 | 11,556.66 | 6,786.59 | 10,080.08 | 11,180.95 | 12,164.91 |
| 25 | 31,887.82 | 9,391.50 | 8,864.09 | 11,106.44 | 7,223.89 | 5,936.55 | 12,063.32 | 7,019.41 | 10,431.95 | 11,691.00 | 12,698.24 |
Cracked trials and guilty pleas where the number of pages of prosecution evidence exceeds the PPE Cut-off
7.—(1) Where in a cracked trial or guilty plea the number of pages of prosecution evidence exceeds the PPE Cut-off specified in the Tables following paragraph 4(1) as appropriate to the offence with which the assisted person is charged, the total fee payable to the solicitor will be—
(2) For the purposes of this sub-paragraph (1), the final fee payable to a solicitor in a cracked trial or guilty plea will be calculated in accordance with the following formula—
F = I + (D x i)
In the formula in sub-paragraph (2)—
F is the amount of the final fee;
I is the initial fee specified in the Tables following this paragraph, as appropriate to the type of case, the offence with which the assisted person is charged and the number of pages of prosecution evidence;
D is the difference between—
Table of final fees in cracked trials
| Class of Offence | PPE Range | Initial Fee (£) | Incremental fee per additional page of prosecution evidence (£) |
| A | 0-149 | 2,785.18 | 0 |
| A | 150-249 | 2,785.18 | 16.5771 |
| A | 250-499 | 4,442.89 | 16.2953 |
| A | 500-999 | 8,516.71 | 8.9555 |
| A | 1000-2799 | 12,994.44 | 5.7143 |
| A | 2800-4599 | 23,280.20 | 5.7143 |
| A | 4600-6399 | 33,565.95 | 5.7143 |
| A | 6400-8199 | 43,851.70 | 5.7143 |
| A | 8200-9999 | 54,137.46 | 5.7143 |
| A | 10000 | 64,417.49 | 0 |
| B | 0-69 | 1,036.20 | 0 |
| B | 70-249 | 1,036.20 | 11.4339 |
| B | 250-999 | 3,094.31 | 5.3516 |
| B | 1000-2799 | 7,108.03 | 3.5644 |
| B | 2800-4599 | 13,524.03 | 3.5644 |
| B | 4600-6399 | 19,940.03 | 2.9971 |
| B | 6400-8199 | 25,334.77 | 2.9971 |
| B | 8200-9999 | 30,729.49 | 2.9971 |
| B | 10000 | 36,121.23 | 0 |
| C | 0-39 | 766.89 | 0 |
| C | 40-249 | 766.89 | 5.7329 |
| C | 250-999 | 1,970.80 | 3.2814 |
| C | 1000-2799 | 4,431.86 | 2.0898 |
| C | 2800-4599 | 8,193.57 | 2.0898 |
| C | 4600-6399 | 11,955.28 | 2.0898 |
| C | 6400-8199 | 15,716.99 | 2.0898 |
| C | 8200-9999 | 19,478.70 | 2.0898 |
| C | 10000 | 23,238.32 | 0 |
| D | 0-79 | 1,255.67 | 0 |
| D | 80-249 | 1,255.67 | 14.8109 |
| D | 250-999 | 3,773.52 | 8.9254 |
| D | 1000-2799 | 10,467.60 | 5.2700 |
| D | 2800-4599 | 19,953.59 | 5.2700 |
| D | 4600-6399 | 29,439.57 | 4.3244 |
| D | 6400-8199 | 37,223.44 | 4.3244 |
| D | 8200-9999 | 45,007.29 | 4.3244 |
| D | 10000 | 52,786.83 | 0 |
| E | 0-39 | 340.50 | 0 |
| E | 40-249 | 340.50 | 6.7242 |
| E | 250-999 | 1,752.59 | 2.1277 |
| E | 1000-2799 | 3,348.37 | 0.8919 |
| E | 2800-4599 | 4,953.80 | 0.8919 |
| E | 4600-6399 | 6,559.23 | 0.8919 |
| E | 6400-8199 | 8,164.66 | 0.8919 |
| E | 8200-9999 | 9,770.09 | 0.8919 |
| E | 10000 | 11,374.63 | 0 |
| F | 0-49 | 327.63 | 0 |
| F | 50-249 | 327.63 | 6.4534 |
| F | 250-999 | 1,618.30 | 2.6162 |
| F | 1000-2799 | 3,580.48 | 1.0182 |
| F | 2800-4599 | 5,413.21 | 1.0182 |
| F | 4600-6399 | 7,245.94 | 1.0182 |
| F | 6400-8199 | 9,078.67 | 1.0182 |
| F | 8200-9999 | 10,911.40 | 1.0182 |
| F | 10000 | 12,743.11 | 0 |
| G | 0-119 | 1,074.22 | 0 |
| G | 120-249 | 1,074.22 | 9.0709 |
| G | 250-999 | 2,253.44 | 6.8647 |
| G | 1000-2799 | 7,401.94 | 6.0530 |
| G | 2800-4599 | 18,297.33 | 6.0530 |
| G | 4600-6399 | 29,192.73 | 5.2019 |
| G | 6400-8199 | 38,556.20 | 5.2019 |
| G | 8200-9999 | 47,919.68 | 5.2019 |
| G | 10000 | 57,277.96 | 0 |
| H | 0-39 | 346.31 | 0 |
| H | 40-249 | 346.31 | 6.2247 |
| H | 250-999 | 1,653.49 | 2.2728 |
| H | 1000-2799 | 3,358.10 | 1.0168 |
| H | 2800-4599 | 5,188.37 | 1.0168 |
| H | 4600-6399 | 7,018.63 | 1.0168 |
| H | 6400-8199 | 8,848.89 | 1.0168 |
| H | 8200-9999 | 10,679.16 | 1.0168 |
| H | 10000 | 12,508.40 | 0 |
| I | 0-39 | 370.66 | 0 |
| I | 40-249 | 370.66 | 8.6497 |
| I | 250-999 | 2,187.10 | 3.3804 |
| I | 1000-2799 | 4,722.43 | 1.3114 |
| I | 2800-4599 | 7,082.89 | 1.3114 |
| I | 4600-6399 | 9,443.34 | 1.3114 |
| I | 6400-8199 | 11,803.80 | 1.3114 |
| I | 8200-9999 | 14,164.26 | 1.3114 |
| I | 10000 | 16,523.40 | 0 |
| J | J 0-79 | 1,321.76 | 0 |
| J | 80-249 | 1,321.76 | 15.6288 |
| J | 250-999 | 3,978.65 | 9.8095 |
| J | 1000-2799 | 11,335.74 | 5.7334 |
| J | 2800-4599 | 21,655.89 | 5.7334 |
| J | 4600-6399 | 31,976.05 | 4.5514 |
| J | 6400-8199 | 40,168.54 | 4.5514 |
| J | 8200-9999 | 48,361.04 | 4.5514 |
| J | 10000 | 56,548.99 | 0 |
| K | 0-119 | 1,130.76 | 0 |
| K | 120-249 | 1,130.76 | 9.5650 |
| K | 250-999 | 2,374.21 | 7.3335 |
| K | 1000-2799 | 7,874.30 | 6.4212 |
| K | 2800-4599 | 19,432.39 | 6.4212 |
| K | 4600-6399 | 30,990.49 | 5.4755 |
| K | 6400-8199 | 40,846.45 | 5.4755 |
| K | 8200-9999 | 50,702.41 | 5.4755 |
| K | 10000 | 60,552.89 | 0 |
Table of final fees in guilty pleas
| Class of Offence | PPE Range | Initial Fee (£) | Incremental fee per additional page of prosecution evidence (£) |
| A | 0-149 | 1,907.11 | 0 |
| A | 150-399 | 1,907.11 | 9.2742 |
| A | 400-999 | 4,225.66 | 5.3634 |
| A | 1000-2799 | 7,443.69 | 3.8000 |
| A | 2800-4599 | 14,283.77 | 3.8001 |
| A | 4600-6399 | 21,123.86 | 3.8001 |
| A | 6400-8199 | 27,963.96 | 3.8001 |
| A | 8200-9999 | 34,804.05 | 3.8001 |
| A | 10000 | 41,640.34 | 0 |
| B | 0-69 | 609.44 | 0 |
| B | 70-399 | 609.44 | 4.9497 |
| B | 400-999 | 2,242.84 | 2.4934 |
| B | 1000-2799 | 3,738.90 | 1.5916 |
| B | 2800-4599 | 6,603.75 | 1.5916 |
| B | 4600-6399 | 9,468.61 | 1.1661 |
| B | 6400-8199 | 11,567.51 | 1.1661 |
| B | 8200-9999 | 13,666.41 | 1.1661 |
| B | 10000 | 15,764.14 | 0 |
| C | 0-39 | 485.38 | 0 |
| C | 40-399 | 485.38 | 2.9193 |
| C | 400-999 | 1,536.31 | 1.5971 |
| C | 1000-2799 | 2,494.54 | 0.8668 |
| C | 2800-4599 | 4,054.72 | 0.8668 |
| C | 4600-6399 | 5,614.91 | 0.8668 |
| C | 6400-8199 | 7,175.10 | 0.8668 |
| C | 8200-9999 | 8,735.29 | 0.8668 |
| C | 10000 | 10,294.60 | 0 |
| D | 0-79 | 708.34 | 0 |
| D | 80-399 | 708.34 | 5.7339 |
| D | 400-999 | 2,543.19 | 3.0095 |
| D | 1000-2799 | 4,348.90 | 1.8739 |
| D | 2800-4599 | 7,721.86 | 1.8739 |
| D | 4600-6399 | 11,094.83 | 1.1647 |
| D | 6400-8199 | 13,191.21 | 1.1646 |
| D | 8200-9999 | 15,287.57 | 1.1647 |
| D | 10000 | 17,382.78 | 0 |
| E | 0-39 | 202.41 | 0 |
| E | 40-399 | 202.41 | 3.2041 |
| E | 400-999 | 1,355.88 | 1.3732 |
| E | 1000-2799 | 2,179.80 | 0.5057 |
| E | 2800-4599 | 3,090.08 | 0.5057 |
| E | 4600-6399 | 4,000.36 | 0.5057 |
| E | 6400-8199 | 4,910.64 | 0.5057 |
| E | 8200-9999 | 5,820.92 | 0.5057 |
| E | 10000 | 6,730.69 | 0 |
| F | 0-49 | 214.59 | 0 |
| F | 50-399 | 214.59 | 3.1058 |
| F | 400-999 | 1,301.62 | 1.0840 |
| F | 1000-2799 | 1,952.01 | 0.3488 |
| F | 2800-4599 | 2,579.80 | 0.3488 |
| F | 4600-6399 | 3,207.59 | 0.3488 |
| F | 6400-8199 | 3,835.38 | 0.3488 |
| F | 8200-9999 | 4,463.17 | 0.3488 |
| F | 10000 | 5,090.61 | 0 |
| G | 0-119 | 667.17 | 0 |
| G | 120-399 | 667.17 | 4.7216 |
| G | 400-999 | 1,989.23 | 3.0953 |
| G | 1000-2799 | 3,846.43 | 2.7317 |
| G | 2800-4599 | 8,763.51 | 2.7317 |
| G | 4600-6399 | 13,680.59 | 2.1643 |
| G | 6400-8199 | 17,576.39 | 2.1643 |
| G | 8200-9999 | 21,472.20 | 2.1643 |
| G | 10000 | 25,365.84 | 0 |
| H | 0-39 | 209.28 | 0 |
| H | 40-399 | 209.28 | 3.0613 |
| H | 400-999 | 1,311.33 | 1.0852 |
| H | 1000-2799 | 1,962.46 | 0.3465 |
| H | 2800-4599 | 2,586.14 | 0.3465 |
| H | 4600-6399 | 3,209.84 | 0.3465 |
| H | 6400-8199 | 3,833.53 | 0.3465 |
| H | 8200-9999 | 4,457.23 | 0.3465 |
| H | 10000 | 5,080.55 | 0 |
| I | 0-39 | 191.34 | 0 |
| I | 40-399 | 191.34 | 3.4214 |
| I | 400-999 | 1,423.04 | 1.4936 |
| I | 1000-2799 | 2,319.22 | 0.5581 |
| I | 2800-4599 | 3,323.86 | 0.5581 |
| I | 4600-6399 | 4,328.49 | 0.5581 |
| I | 6400-8199 | 5,333.13 | 0.5581 |
| I | 8200-9999 | 6,337.78 | 0.5581 |
| I | 10000 | 7,341.86 | 0 |
| J | 0-79 | 745.63 | 0 |
| J | 80-399 | 745.63 | 6.1572 |
| J | 400-999 | 2,715.93 | 3.2471 |
| J | 1000-2799 | 4,664.21 | 2.0766 |
| J | 2800-4599 | 8,402.07 | 2.0766 |
| J | 4600-6399 | 12,139.92 | 1.2255 |
| J | 6400-8199 | 14,345.86 | 1.2255 |
| J | 8200-9999 | 16,551.81 | 1.2255 |
| J | 10000 | 18,756.53 | 0 |
| K | 0-119 | 702.29 | 0 |
| K | 120-399 | 702.29 | 5.7624 |
| K | 400-999 | 2,315.76 | 3.2075 |
| K | 1000-2799 | 4,240.26 | 2.9871 |
| K | 2800-4599 | 9,617.04 | 2.9871 |
| K | 4600-6399 | 14,993.82 | 2.2779 |
| K | 6400-8199 | 19,094.01 | 2.2779 |
| K | 8200-9999 | 23,194.20 | 2.2779 |
| K | 10000 | 27,292.10 | 0 |
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 solicitor will be—
(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—
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.
Table of final fees in trials
| Class of Offence | PPE Range | Initial Fee (£) | Incremental fee per additional page of prosecution evidence (£) |
| A | 0-149 | 2,785.18 | 0 |
| A | 150-599 | 2,785.18 | 16.3759 |
| A | 600-1099 | 10,154.34 | 14.6753 |
| A | 1100-1899 | 17,491.98 | 13.0799 |
| A | 1900-3299 | 27,955.92 | 11.6330 |
| A | 3300-4999 | 44,242.16 | 11.6330 |
| A | 5000-5999 | 64,018.33 | 11.6331 |
| A | 6000-6999 | 75,651.38 | 11.6330 |
| A | 7000-7999 | 87,284.42 | 11.6330 |
| A | 8000-8999 | 98,917.44 | 11.6330 |
| A | 9000-9999 | 110,550.46 | 11.6330 |
| A | 10000 | 122,171.85 | 0 |
| B | 0-69 | 1,202.92 | 0 |
| B | 70-199 | 1,202.92 | 14.0353 |
| B | 200-499 | 3,027.51 | 12.5398 |
| B | 500-899 | 6,789.46 | 10.5557 |
| B | 900-1299 | 11,011.74 | 8.8680 |
| B | 1300-1999 | 14,558.94 | 7.7722 |
| B | 2000-3299 | 19,999.46 | 7.7722 |
| B | 3300-4999 | 30,103.28 | 7.7722 |
| B | 5000-5999 | 43,315.97 | 7.7722 |
| B | 6000-7999 | 51,088.14 | 7.7722 |
| B | 8000-8999 | 66,632.48 | 7.7722 |
| B | 9000-9999 | 74,404.65 | 7.7722 |
| B | 10000 | 82,169.05 | 0 |
| C | 0-39 | 810.51 | 0 |
| C | 40-299 | 810.51 | 11.5783 |
| C | 300-799 | 3,820.87 | 10.1155 |
| C | 800-1249 | 8,878.62 | 8.4660 |
| C | 1250-1999 | 12,688.32 | 7.4854 |
| C | 2000-3199 | 18,302.39 | 5.1761 |
| C | 3200-4559 | 24,513.74 | 5.1761 |
| C | 4560-5919 | 31,553.29 | 5.1761 |
| C | 5920-7279 | 38,592.83 | 5.1761 |
| C | 7280-8639 | 45,632.37 | 5.1761 |
| C | 8640-9999 | 52,671.91 | 5.1762 |
| C | 10000 | 59,706.30 | 0 |
| D | 0-79 | 1,527.89 | 0 |
| D | 80-209 | 1,527.89 | 17.2578 |
| D | 210-699 | 3,771.41 | 13.1781 |
| D | 700-1049 | 10,228.68 | 11.0609 |
| D | 1050-1999 | 14,100.00 | 9.5912 |
| D | 2000-3599 | 23,211.67 | 8.7658 |
| D | 3600-5199 | 37,236.90 | 8.7658 |
| D | 5200-6799 | 51,262.14 | 8.7658 |
| D | 6800-8399 | 65,287.39 | 8.7658 |
| D | 8400-9999 | 79,312.63 | 8.7658 |
| D | 10000 | 93,329.10 | 0 |
| E | 40-69 | 386.54 | 10.4287 |
| E | 70-129 | 699.40 | 9.3950 |
| E | 130-599 | 1,263.10 | 9.0869 |
| E | 600-1349 | 5,533.96 | 5.9649 |
| E | 1350-2999 | 10,007.63 | 2.6174 |
| E | 3000-4749 | 14,326.32 | 2.6174 |
| E | 4750-6499 | 18,906.75 | 2.6174 |
| E | 6500-8249 | 23,487.17 | 2.6174 |
| E | 8250-9999 | 28,067.60 | 2.6174 |
| E | 10000 | 32,645.40 | 0 |
| F | 0-49 | 391.89 | 0 |
| F | 50-229 | 391.89 | 8.0098 |
| F | 230-699 | 1,833.66 | 7.6326 |
| F | 700-1399 | 5,420.98 | 6.1357 |
| F | 1400-1949 | 9,715.95 | 4.7354 |
| F | 1950-3549 | 12,320.41 | 2.3624 |
| F | 3550-5149 | 16,100.18 | 2.3624 |
| F | 5150-6749 | 19,879.95 | 2.3624 |
| F | 6750-8349 | 23,659.72 | 2.3624 |
| F | 8350-9999 | 27,439.49 | 2.3624 |
| F | 10000 | 31,335.02 | 0 |
| G | 0-119 | 1,074.22 | 0 |
| G | 120-734 | 1,074.22 | 9.0131 |
| G | 735-1289 | 6,617.28 | 9.0746 |
| G | 1290-2399 | 11,653.69 | 9.2375 |
| G | 2400-4499 | 21,907.31 | 9.2029 |
| G | 4500-7999 | 41,233.37 | 9.2029 |
| G | 8000-8399 | 73,443.48 | 9.2029 |
| G | 8400-8799 | 77,124.64 | 9.2029 |
| G | 8800-9199 | 80,805.79 | 9.2029 |
| G | 9200-9599 | 84,486.95 | 9.2029 |
| G | 9600-9999 | 88,168.10 | 9.2029 |
| G | 10000 | 91,840.06 | 0 |
| H | 0-39 | 392.05 | 0 |
| H | 40-249 | 392.05 | 9.4203 |
| H | 250-619 | 2,370.32 | 7.8338 |
| H | 620-1299 | 5,268.81 | 5.8194 |
| H | 1300-2999 | 9,226.02 | 4.6188 |
| H | 3000-4999 | 17,077.91 | 2.4911 |
| H | 5000-5999 | 22,060.10 | 2.4910 |
| H | 6000-6999 | 24,551.12 | 2.4911 |
| H | 7000-7999 | 27,042.22 | 2.4911 |
| H | 8000-8999 | 29,533.32 | 2.4911 |
| H | 9000-9999 | 32,024.42 | 2.4911 |
| H | 10000 | 34,513.02 | 0 |
| I | 0-39 | 391.72 | 0 |
| I | 40-369 | 391.72 | 10.0165 |
| I | 370-799 | 3,697.16 | 9.9618 |
| I | 800-1299 | 7,980.75 | 9.8555 |
| I | 1300-2699 | 12,908.52 | 7.7641 |
| I | 2700-4199 | 23,778.23 | 3.3365 |
| I | 4200-5359 | 28,783.04 | 3.3365 |
| I | 5360-6519 | 32,653.42 | 3.3365 |
| I | 6520-7679 | 36,523.80 | 3.3366 |
| I | 7680-8839 | 40,394.20 | 3.3365 |
| I | 8840-9999 | 44,264.58 | 3.3365 |
| I | 10000 | 48,131.63 | 0 |
| J | 0-79 | 1,608.31 | 0 |
| J | 80-209 | 1,608.31 | 18.1662 |
| J | 210-699 | 3,969.91 | 13.8717 |
| J | 700-1049 | 10,767.03 | 11.6431 |
| J | 1050-1999 | 14,842.10 | 10.0960 |
| J | 2000-3599 | 24,433.34 | 9.2271 |
| J | 3600-5199 | 39,196.75 | 9.2271 |
| J | 5200-6799 | 53,960.15 | 9.2271 |
| J | 6800-8399 | 68,723.57 | 9.2271 |
| J | 8400-9999 | 83,486.98 | 9.2271 |
| J | 10000 | 98,241.16 | 0 |
| K | 0-119 | 1,130.76 | 0 |
| K | 120-734 | 1,130.76 | 9.4875 |
| K | 735-1289 | 6,965.55 | 9.5522 |
| K | 1290-2399 | 12,267.04 | 9.7237 |
| K | 2400-4499 | 23,060.31 | 9.6873 |
| K | 4500-7999 | 43,403.55 | 9.6873 |
| K | 8000-8399 | 77,308.93 | 9.6872 |
| K | 8400-8799 | 81,183.82 | 9.6872 |
| K | 8800-9199 | 85,058.72 | 9.6873 |
| K | 9200-9599 | 88,933.63 | 9.6872 |
| K | 9600-9999 | 92,808.53 | 9.6872 |
| K | 10000 | 96,673.74 | 0 |
Defendant uplifts
9.—(1) The defendant uplift payable to a solicitor 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—
Defendant uplifts
| Total number of defendants represented by solicitor | Percentage uplift to total fee |
| 2 – 4 | 20% |
| 5+ | 30% |
Retrials and Transfers
10.—(1) Where following a trial an order is made for a retrial and the same solicitor acts for the assisted person at both trials that solicitor will receive—
(2) Where—
the original solicitor and the new solicitor must receive a percentage of the total fee, in accordance with the Table following sub-paragraph (7), as appropriate to the circumstances and timing of the retrial, transfer or withdrawal of the criminal aid certificate
(3) In sub-paragraph (2) “transfer” includes the grant of a criminal aid certificate to an individual who immediately before the grant of the certificate—
and for the purposes of that sub-paragraph the solicitor shall be treated as a new solicitor.
(4) For the purposes of sub-paragraph (2), a case is not transferred to a new solicitor where—
(5) For the purposes of sub-paragraph (2), where a case which has been transferred to a new solicitor is transferred again, that new solicitor—
(6) Where a criminal aid certificate is revoked before the case ends, a solicitor must receive a percentage of the total fee, in accordance with the Table following sub-paragraph (7), as appropriate to the circumstances and timing of a transfer.
(7) In the Table following this paragraph, the total fee means—
Retrials and Transfers
| Scenario | Percentage of the total fee | Case type used to determine total fee | Claim period |
| Cracked trial before retrial, where there is no change of solicitor | 25% | Cracked trial | - |
| Retrial, where there is no change of solicitor | 25% | Trial | - |
| Up to and including first arraignment (original solicitor) | 25% | Cracked trial | - |
| Up to and including first arraignment – guilty plea (new solicitor) | 100% | Guilty plea | - |
| Up to and including first arraignment – cracked trial (new solicitor) | 100% | Cracked trial | - |
| Up to and including first arraignment– trial (new solicitor) | 100% | Trial | - |
| Before trial transfer (original solicitor) | 75% | Cracked trial | - |
| Before trial transfer – cracked trial (new solicitor) | 100% | Cracked trial | - |
| Before trial transfer – trial (new solicitor) | 100% | Trial | - |
| During trial transfer (original solicitor) | 100% | Trial | Claim up to and including the day before the transfer |
| During trial transfer (new solicitor) | 50% | Trial | Claim for the full trial length |
| Transfer after trial and before sentencing hearing (original solicitor) | 100% | Trial | Claim for the full trial length, excluding the length of the sentencing hearing |
| Transfer after trial and before sentencing hearing (new solicitor) | 10% | Trial | Claim for one day, or for the length of the sentencing hearing if longer than one day |
| Transfer before retrial (original solicitor) | 25% | Cracked trial | - |
| Transfer before cracked retrial (new solicitor) | 50% | Cracked trial | |
| Transfer before retrial (new solicitor) | 50% | Trial | Claim for the full retrial length |
| Transfer during retrial (original solicitor) | 25% | Trial | Claim up to and including the day before the transfer |
| Transfer during retrial (new solicitor) | 50% | Trial | Claim for the full retrial length |
| Transfer after retrial and before sentencing hearing (original solicitor) | 25% | Trial | Claim for the full retrial length, excluding the length of the sentencing hearing |
| Transfer after retrial and before sentencing hearing (new solicitor) | 10% | Trial | Claim for one day, or for the length of the sentencing hearing if longer than one day |
11. Except as provided under this Part, remuneration for all work undertaken by a solicitor is included within the fee set out in Part 2 of this Schedule as appropriate to—
12.—(1) This paragraph applies to proceedings for contempt committed, or alleged to have been committed, by an individual in the face of the Court, and where a court grants legal aid to a person for the purposes of proceedings under this sub-paragraph it may assign to that individual, for the purposes of those proceedings, any representative who is within the precincts of the 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 solicitors must be at the rate set out in the Table following paragraph 13.
(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 solicitor is included within—
13.—(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) The fee payable to the solicitor in respect of the proceedings to which this paragraph applies is that set out in the Table following this sub-paragraph.
| Type of proceedings | Paragraph providing for fee | Fee payable (£ per proceedings) |
|---|---|---|
| Contempt proceedings (where contempt is alleged to have been committed by a person other than the defendant) | 12(2) | 127.66 |
| Alleged breach of a Crown Court order | 13(2) | 85.11 |
14.—(1) This paragraph applies in any case on indictment in the Crown Court–
and the Commission 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 Commission considers reasonable–
and in each case using the rates specified in the Table following paragraph 21.
(4) A solicitor claiming a special preparation fee must supply such information and documents as may be required by the Commission in support of the claim.
(5) In determining a claim under this paragraph, the Commission must take into account all the relevant circumstances of the case.
15.—(1) This paragraph applies to proceedings which are transferred to the Crown Court under—
(2) Where, at any time after proceedings are transferred to the Crown Court under the provisions referred to in sub-paragraph (1) the prosecution:
the solicitor must be paid 50 per cent 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, at any time after proceedings are transferred to the Crown Court under the provisions referred to in sub-paragraph (1) the prosecution:
the solicitor 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.
16.—(1) Where a solicitor represents more than one assisted person in proceedings referred to in paragraph 15(2) or (3), 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—
| Total number of defendants represented by solicitor | Percentage uplift to total fee |
|---|---|
| 2 – 4 | 20% |
| 5+ | 30% |
17.—(1) This paragraph applies where—
(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 solicitor is—
(3) Where the warrant is issued during the course of proceedings referred to in paragraph 13 the fee payable to the solicitor is the fee set out in the table following paragraph 13, as appropriate to the type of proceedings.
(4) Sub-paragraph (5) applies where—
(5) Where this sub-paragraph applies—
Additional charges and additional cases
18.—(1) Where an assisted person is charged with more than one offence on one indictment, the graduated fee payable to the solicitor under this Schedule will be based on whichever of those offences the solicitor selects.
(2) Where two or more cases to which this Schedule applies involving the same solicitor are heard concurrently (whether involving the same or different assisted persons)—
Assisted person unfit to plead or stand trial
19. Where in any case a hearing is held to determine the question of whether the assisted person is unfit to plead of to stand trial (a “fitness hearing”)—
Fees for confiscation proceedings
20.—(1) This paragraph applies to proceedings under Part 4 of the Proceeds of Crime Act 2002 (confiscation: Northern Ireland);
(2) Where this paragraph applies, the Commission may allow work done in the following classes by a solicitor—
(3) The Commission must consider the claim, any further particulars, information or documents submitted by the solicitor under rule 4 and any other relevant information and must allow such work as appears to it to have been reasonably done in the proceedings.
(4) Subject to sub-paragraph (3), the Commission must allow fees under this paragraph in accordance with paragraph 21.
(5) The Commission must allow fees in accordance with paragraphs 21 to 23 as appropriate to such of the following grades of fee earner as it considers reasonable—
Prescribed fee rates
21. Subject to paragraphs 22 and 23, for proceedings in the Crown Court to which paragraph 20 applies the Commission must allow fees for work under paragraph 20(2) at the following prescribed rates—
Table 1
| Class of work | Grade of fee earner | Rate |
| Preparation | Senior solicitor | £53.00 per hour |
| Solicitor | £45.00 per hour | |
| Apprentice or fee earner of equivalent experience | £29.75 per hour | |
| Attendance at court where more than one representative instructed | Senior solicitor | £42.25 per hour |
| Solicitor | £34.00 per hour | |
| Apprentice or fee earner of equivalent experience | £20.50 per hour | |
| Travelling and waiting | Senior solicitor | £24.75 per hour |
| Solicitor | £24.75 per hour | |
| Apprentice or fee earner of equivalent experience | £12.50 per hour | |
| Writing routine letters and dealing with routine telephone calls | £3.45 per item |
Allowing fees at less than the prescribed rates
22. In respect of any item of work, the Commission may allow fees at less than the relevant prescribed rate specified in paragraph 21 where it appears to it 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
23.—(1) Upon a determination the Commission may, subject to the provisions of this paragraph, allow fees at more than the relevant prescribed rate specified in paragraph 21 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 Commission may allow fees at more than the prescribed rate where it appears to it, taking into account all the relevant circumstances of the case, that—
(3) Where the Commission considers that any item or class of work should be allowed at more than the prescribed rate, it must apply to that item or class of work a percentage enhancement in accordance with the following provisions of this paragraph.
(4) In determining the percentage by which fees should be enhanced above the prescribed rate the Commission must have regard to—
(5) The percentage above the relevant prescribed rate by which fees for work may be enhanced must not exceed 100 per cent.
(6) The Commission may have regard to the generality of proceedings to which these Rules apply in determining what is exceptional within the meaning of this paragraph.
Interpretation
1.—(1) In this Schedule—
“cracked trial” means a case on indictment in which—
“standard appearance” means an appearance by the trial advocate or substitute advocate in any of the following hearings which do not form part of the main hearing—
provided that a fee is not payable elsewhere under this Schedule in respect of the hearing;
“substitute advocate” means an advocate who is not an instructed advocate or the trial advocate but who undertakes work on the case; and
“trial advocate” means an advocate instructed under a criminal aid certificate to represent the assisted person at the main hearing in any case, including a QC or a leading junior advocate so instructed after the hearing at which pleas are taken.
(2) For the purposes of this Schedule, the number of pages of prosecution evidence served on the court includes all—
which form part of the committal or served prosecution documents or which are included in any notice of additional evidence, but does not include any document provided on CD-ROM or by other means of electronic communication.
(3) In proceedings on indictment in the Crown Court initiated otherwise than by committal for trial, the Commission must determine the number of pages of prosecution evidence in accordance with sub-paragraph (2) or as nearly in accordance with sub-paragraph (2) as possible as the nature of the case permits.
(4) A reference to the Table of Offences in this Schedule is to the Table of Offences in Schedule 3 and a reference to a Class of Offence in this Schedule is to the Class in which that offence is listed in the Table of Offences.
Application
2.—(1) Subject to sub-paragraphs (3) to (8), this Schedule applies to—
(2) Sub-paragraph (3) applies where, following a trial, an order is made for a new trial and the same trial advocate appears at both trials where—
(3) In respect of a new trial, or if he so elects, in respect of the first trial, the trial advocate will receive a graduated fee calculated in accordance with Part 2 or Part 3, as appropriate, except that the fee will be reduced by—
(4) Where a different trial advocate appears for the assisted person at each trial then, in respect of each trial, the trial advocate will receive a graduated fee calculated in accordance with Part 2 or Part 3, as appropriate.
(5) Where following a case on indictment a Newton hearing takes place—
(6) Sub-paragraph (7) applies where proceedings are transferred to the Crown Court under—
(7) Where, at any time after proceedings are transferred to the Crown Court under the provisions referred to in sub-paragraph (6), the prosecution:
the provisions of paragraph 19 apply.
(8) For the purposes of this Schedule, a case on indictment which discontinues at or before the first arraignment otherwise than–
must be treated as a guilty plea.
Class of offences
3.—(1) For purposes of this Schedule—
(2) Where an advocate in proceedings in the Crown court is dissatisfied with the classification within Class H of an indictable offence not listed in the Table of Offences, he may apply to the Commission when lodging his claim for fees to reclassify the offence.
(3) The Commission must, in light of the objections made by the advocate—
and must notify the advocate of its decision.
Calculation of Graduated Fees
4.—(1) The amount of the graduated fee for a single trial advocate representing one assisted person being tried on one indictment in the Crown Court in a trial lasting one to 25 days must be calculated in accordance with the following formula—
G = B + (d x D) + (e x E) + (w x W)
(2) In the formula in sub-paragraph (1)—
G is the amount of the graduated fee;
B is the basic fee specified in the Table following paragraph 5 as appropriate to the offence for which the assisted person is tried and the category of trial advocate;
d is the number of days or parts of a day on which the advocate attends at court by which the trial exceeds 2 days but does not exceed 25 days;
D is the fee payable in respect of daily attendance at court for the number of days by which the trial exceeds two days but does not exceed 25 days, as appropriate to the offence for which the assisted person is tried and the category of trial advocate;
e is the number of pages of prosecution evidence excluding the first 50, up to a maximum of 10,000;
E is the evidence uplift specified in the Table following paragraph 5 as appropriate to the offence for which the assisted person is tried and the category of trial advocate;
w is the number of prosecution witnesses excluding the first 10;
W is the witness uplift specified in the Table following paragraph 5 as appropriate to the offence for which the assisted person is tried and the category of trial advocate.
Table of fees
5.For the purposes of paragraph 4 the basic fee (B), the daily attendance fee (D), the evidence uplift (E) and the witness uplift (W) appropriate to any offence will be those specified in the Table following this paragraph in accordance with the Class within which that offence falls.
Table of Fees and Uplifts
| Class of Offence | Basic Fee (B) | Daily attendance fee (D) | Evidence uplift (E) | Witness uplift (W) |
| QC | ||||
| A | £4,434 | £1,321 | £1.89 | £7.55 |
| B | £2,924 | £991 | £1.89 | £7.55 |
| C | £2,275 | £943 | £1.89 | £7.55 |
| D | £2,641 | £943 | £1.89 | £7.55 |
| E | £1,750 | £708 | £1.89 | £7.55 |
| G | £1,750 | £708 | £1.89 | £7.55 |
| G | £2,200 | £943 | £1.89 | £7.55 |
| H | £2,200 | £943 | £1.89 | £7.55 |
| I | £2,453 | £943 | £1.89 | £7.55 |
| J | £3,302 | £1,132 | £1.89 | £7.55 |
| K | £3,302 | £1,132 | £1.89 | £7.55 |
| Leading Junior | ||||
| A | £3,325 | £991 | £1.42 | £5.66 |
| B | £2,193 | £743 | £1.42 | £5.66 |
| C | £1,706 | £708 | £1.42 | £5.66 |
| D | £1,981 | £708 | £1.42 | £5.66 |
| E | £1,313 | £531 | £1.42 | £5.66 |
| F | £1,313 | £531 | £1.42 | £5.66 |
| G | £1,650 | £708 | £1.42 | £5.66 |
| H | £1,650 | £708 | £1.42 | £5.66 |
| I | £1,840 | £708 | £1.42 | £5.66 |
| J | £2,476 | £849 | £1.42 | £5.66 |
| K | £2,476 | £849 | £1.42 | £5.66 |
| Led Junior | ||||
| A | £2,217 | £660 | £0.94 | £3.77 |
| B | £1,462 | £495 | £0.94 | £3.77 |
| C | £1,038 | £472 | £0.94 | £3.77 |
| D | £1,300 | £472 | £0.94 | £3.77 |
| E | £802 | £354 | £0.94 | £3.77 |
| F | £802 | £354 | £0.94 | £3.77 |
| G | £1,100 | £472 | £0.94 | £3.77 |
| H | £943 | £472 | £0.94 | £3.77 |
| I | £1,132 | £472 | £0.94 | £3.77 |
| J | £1,887 | £566 | £0.94 | £3.77 |
| K | £1,651 | £566 | £0.94 | £3.77 |
| Junior alone | ||||
| A | £2,547 | £778 | £1.13 | £5.66 |
| B | £1,509 | £542 | £1.13 | £5.66 |
| C | £1,038 | £472 | £1.13 | £5.66 |
| D | £1,300 | £472 | £1.13 | £5.66 |
| E | £755 | £377 | £1.13 | £5.66 |
| F | £802 | £377 | £1.13 | £5.66 |
| G | £1,415 | £472 | £1.13 | £5.66 |
| H | £943 | £472 | £1.13 | £5.66 |
| I | £1,132 | £472 | £1.13 | £5.66 |
| J | £1,887 | £613 | £1.13 | £5.66 |
| K | £1,887 | £613 | £1.13 | £5.66 |
Calculation of graduated fees in guilty pleas and cracked trials
6.The amount of the graduated fee for a single trial advocate representing one assisted person in a guilty plea or cracked trial is—
Table of fees
7.—(1) Subject to sub-paragraphs (2) and (3), for the purposes of paragraph 6 the basic fee and evidence uplift appropriate to any offence are specified in the Tables following this paragraph in accordance with the class within which that offence falls.
(2) Where—
(3) In this paragraph, and in the Tables following 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 must be added to the last third.
(4) Where a graduated fee is calculated in accordance with this Part for the purposes of paragraph 2(4), the fee must be calculated as if the trial had cracked in the final third.
Table A – Fees and uplifts in guilty pleas and trials which crack in the first third
| Class of Offence | Basic fee | Evidence uplift per page of prosecution evidence (pages 1 to 1,000) | Evidence uplift per page of prosecution evidence (pages 1,001 to 10,000) |
| QC | |||
| A | £2,358.00 | £2.53 | £1.17 |
| B | £1,509.00 | £2.08 | £1.04 |
| C | £1,415.00 | £1.48 | £0.74 |
| D | £1,509.00 | £3.30 | £1.65 |
| E | £1,250.00 | £1.06 | £.053 |
| F | £1,250.00 | £1.39 | £0.70 |
| G | £1,415.00 | £1.84 | £0.92 |
| H | £1,415.00 | £1.91 | £0.95 |
| I | £1,415.00 | £1.86 | £0.92 |
| J | £1,981.00 | £3.30 | £1.65 |
| K | £1,981.00 | £1.84 | £0.92 |
| Leading Junior | |||
| A | £1,768.50 | £1.90 | £0.88 |
| B | £1,131.75 | £1.56 | £0.78 |
| C | £1,061.25 | £1.11 | £0.56 |
| D | £1,131.75 | £2.48 | £1.24 |
| E | £937.50 | £0.80 | £0.40 |
| F | £937.50 | £1.04 | £0.53 |
| G | £1,061.25 | £1.38 | £0.69 |
| H | £1,061.25 | £1.43 | £0.71 |
| I | £1,061.25 | £1.40 | £0.69 |
| J | £1,485.75 | £2.48 | £1.24 |
| K | £1,485.75 | £1.38 | £0.69 |
| Led Junior | |||
| A | £1,179.00 | £1.27 | £0.59 |
| B | £754.50 | £1.04 | £0.52 |
| C | £707.50 | £0.74 | £0.37 |
| D | £754.50 | £1.65 | £0.83 |
| E | £625.00 | £0.53 | £0.27 |
| F | £625.00 | £0.70 | £0.35 |
| G | £707.50 | £0.92 | £0.46 |
| H | £707.50 | £0.96 | £0.48 |
| I | £707.50 | £0.93 | £0.46 |
| J | £990.50 | £1.65 | £0.83 |
| K | £990.50 | £0.92 | £0.46 |
| Junior alone | |||
| A | £1,312.00 | £1.08 | £0.54 |
| B | £802.00 | £0.94 | £0.47 |
| C | £519.00 | £0.69 | £0.35 |
| D | £802.00 | £1.37 | £0.68 |
| E | £472.00 | £0.41 | £0.20 |
| F | £472.00 | £0.63 | £0.31 |
| G | £755.00 | £1.18 | £0.59 |
| H | £566.00 | £0.63 | £0.32 |
| I | £660.00 | £0.49 | £0.25 |
| J | £1,132.00 | £1.37 | £0.68 |
| K | £1,132.00 | £1.18 | £0.59 |
Table B – Fees and uplifts in trials which crack in the second or final third
| A case that cracks in the second third | A case that cracks in the final third | ||||
| Class of Offence | Basic Fee | Evidence uplift per page of prosecution evidence (pages 1 to 250) | Evidence uplift per page of prosecution evidence (pages 251 to 1,000) | Evidence uplift per page of prosecution evidence (pages 1,001 to 10,000) | Evidence uplift per page of prosecution evidence (pages 1,001 to 10,000) |
| QC | |||||
| A | £3,585.00 | £4.70 | £1.17 | £1.55 | £4.70 |
| B | £2,264.00 | £4.16 | £1.04 | £1.38 | £4.16 |
| C | £1,975.00 | £2.95 | £0.74 | £0.97 | £2.95 |
| D | £2,264.00 | £6.59 | £1.65 | £2.18 | £6.59 |
| E | £1,600.00 | £2.11 | £0.53 | £0.70 | £2.11 |
| F | £1,600.00 | £2.77 | £0.70 | £0.92 | £2.77 |
| G | £2,000.00 | £3.68 | £0.92 | £1.22 | £3.68 |
| H | £2,000.00 | £3.80 | £0.95 | £1.25 | £3.80 |
| I | £2,075.00 | £3.72 | £0.92 | £1.23 | £3.72 |
| J | £3,019.00 | £6.59 | £1.65 | £2.18 | £6.59 |
| K | £3,019.00 | £3.68 | £0.92 | £1.22 | £3.68 |
| Leading Junior | |||||
| A | £2,688.75 | £3.53 | £0.88 | £1.16 | £3.53 |
| B | £1,698.00 | £3.12 | £0.78 | £1.04 | £3.12 |
| C | £1,481.25 | £2.21 | £0.56 | £0.73 | £2.21 |
| D | £1,698.00 | £4.94 | £1.24 | £1.64 | £4.94 |
| E | £1,200.00 | £1.58 | £0.40 | £0.53 | £1.58 |
| F | £1,200.00 | £2.08 | £0.53 | £0.69 | £2.08 |
| G | £1,500.00 | £2.76 | £0.69 | £0.92 | £2.76 |
| H | £1,500.00 | £2.85 | £0.71 | £0.94 | £2.85 |
| I | £1,556.25 | £2.79 | £0.69 | £0.92 | £2.79 |
| J | £2,264.25 | £4.94 | £1.24 | £1.64 | £4.94 |
| K | £2,264.25 | £2.76 | £0.69 | £0.92 | £2.76 |
| Led Junior | |||||
| A | £1,792.50 | £2.35 | £0.59 | £0.78 | £2.35 |
| B | £1,132.00 | £2.08 | £0.52 | £0.69 | £2.08 |
| C | £987.50 | £1.48 | £0.37 | £0.49 | £1.48 |
| D | £1,132.00 | £3.30 | £0.83 | £1.09 | £3.30 |
| E | £800.00 | £1.06 | £0.27 | £0.35 | £1.06 |
| F | £800.00 | £1.39 | £0.35 | £0.46 | £1.39 |
| G | £1,000.00 | £1.84 | £0.46 | £0.61 | £1.84 |
| H | £1,000.00 | £1.90 | £0.48 | £0.63 | £1.90 |
| I | £1,037.50 | £1.86 | £0.46 | £0.62 | £1.86 |
| J | £1,509.50 | £3.30 | £0.83 | £1.09 | £3.30 |
| K | £1,509.50 | £1.84 | £0.46 | £0.61 | £1.84 |
| Junior alone | |||||
| A | £1,981.00 | £4.63 | £2.15 | £0.71 | £2.15 |
| B | £1,179.00 | £4.03 | £1.88 | £0.62 | £1.88 |
| C | £755.00 | £2.99 | £1.39 | £0.46 | £1.39 |
| D | £1,050.00 | £5.87 | £2.73 | £0.90 | £2.73 |
| E | £660.00 | £1.75 | £0.82 | £0.27 | £0.82 |
| F | £660.00 | £2.70 | £1.25 | £0.42 | £1.25 |
| G | £1,132.00 | £5.08 | £2.37 | £0.78 | £2.37 |
| H | £802.00 | £2.71 | £1.26 | £0.42 | £1.26 |
| I | £943.00 | £2.11 | £0.98 | £0.32 | £0.98 |
| J | £1,698.00 | £5.87 | £2.73 | £0.90 | £2.73 |
| K | £1,604.00 | £5.08 | £2.37 | £0.78 | £2.37 |
8.Except as provided under this Part, all work undertaken by an advocate is included within the basic fee (B) specified in the Table following paragraph 5 or that following paragraph 7 as appropriate to—
9.—(1) The fee payable in respect of—
is included within the basic fee (B) specified in paragraph 5 or 7 as appropriate to the offence for which the assisted person is tried and the category of trial advocate.
(2) The fee payable in respect of an appearance by the trial advocate or substitute advocate at an arraignment appearance not included in sub-paragraph (1) is specified in the Table following paragraph 20 as appropriate to the category of trial advocate or substitute advocate.
(3) This paragraph does not apply to a standard appearance which is or forms part of the main hearing in a case or to a hearing for which a fee is payable elsewhere under this Schedule.
10.—(1) This paragraph applies to—
(2) Where a hearing to which this paragraph applies is held on any day of the main hearing of a case on indictment, no separate fee is payable in respect of attendance at the hearing, but the hearing is included in the length of the main hearing for the purpose of calculating the fees payable.
(3) Where a hearing to which this paragraph applies is held prior to the first or only day of the main hearing, it is not included in the length of the main hearing for the purpose of calculating the fees payable and the trial advocate or substitute advocate must be remunerated for attendance at such a hearing—
11.—(1) This paragraph applies to a hearing under Part 4 of the Proceeds of Crime Act 2002 (Confiscation: Northern Ireland)(a).
(2) A hearing to which this paragraph applies is not included in the length of the main hearing or of any sentencing hearing for the purpose of calculating the fees payable, and the trial advocate or substitute advocate must be remunerated for attendance at such a hearing—
12.—(1) This paragraph applies to—
(2) The fee payable to an advocate for appearing at a hearing to which this paragraph applies is that set out in the Table following paragraph 20 as appropriate to the category of trial advocate or substitute advocate and the circumstances of the hearing.
13. The fee set out in the Table following paragraph 20 as appropriate to the category of trial advocate will be payable in respect of each day on which the case was listed for trial but did not proceed on the day for which it was listed, for whatever reason.
14.—(1) This paragraph applies where, in any case on indictment in the Crown Court in respect of which a graduated fee is payable under Part 2 or Part 3—
(c) any or all of the prosecution evidence, as defined in paragraph 1(2), is served in electronic form only, and the Commission considers it reasonable to make a payment in excess of the graduated fee payable under this Schedule.
(2) Where this paragraph applies, a special preparation fee may be paid, in addition to the graduated fee payable under Part 2 or Part 3.
(3) The amount of the special preparation fee must be calculated—
and in each case using the rates of hourly fees set out in the Table following paragraph 20 as appropriate to the category of trial advocate.
(4) Any claim for a special preparation fee under this paragraph must be made by an instructed advocate, whether or not he did the work claimed for.
(5) An instructed advocate claiming a special preparation fee must supply such information and documents as may be required by the Commission in support of the claim.
(6) In determining a claim under this paragraph, the Commission must take into account all the relevant circumstances of the case, including, where special preparation work has been undertaken by more than one advocate, the benefit of such work to the trial advocate.
15.—(1) A wasted preparation fee may be claimed where a trial advocate in any case to which this paragraph applies is prevented from representing the assisted person in the main hearing by any of the following circumstances—
(2) This paragraph applies to every case on indictment to which this Schedule applies provided that—
(3) The amount of the wasted preparation fee must be calculated from the number of hours of preparation reasonably carried out by the trial advocate, using the rates for hourly fees set out in the Table following paragraph 20 as appropriate to the category of trial advocate, but no such fee is payable unless the number of hours of preparation is eight or more.
(4) Any claim for a wasted preparation fee under this paragraph must be made by an instructed advocate, whether or not he did the work claimed for.
(5) An instructed advocate claiming a wasted preparation fee must supply such information and documents as may be required by the Commission as proof of the circumstances in which he was prevented from representing the assisted person and of the number of hours of preparation.
16.—(1) This paragraph applies to the following types of work—
(2) The fees payable in respect of attendance at the first three pre-trial consultations or views, as set out in sub-paragraph (1)(a) to (c), are included in the basic fee (B) specified in the Table following paragraph 5 or paragraph 7, as appropriate to the offence for which the assisted person is tried, the category of trial advocate and whether the case is a guilty plea, cracked trial or trial, provided that the trial advocate satisfies the Commission that the work was reasonably necessary.
(3) The fee specified in the Table following paragraph 20 as appropriate to the category of trial advocate will be payable in the following circumstances, provided that the trial advocate satisfies the Commission that the work was reasonably necessary—
(4) Travel expenses must be paid for all consultations and views set out in sub-paragraph (1)(a) to (c), provided that the trial advocate satisfies the Commission that they were reasonably incurred.
(5) Travelling time must be paid for all consultations and views set out in sub-paragraph (1)(a) to (c), provided that the trial advocate satisfies the Commission that it was reasonable.
17.—(1) Subject to paragraph 22, the fee payable to a trial advocate in any of the hearings referred to in paragraph 2(1)(b) is the fixed fee specified in the Table following paragraph 19.
(2) Where a hearing referred to in paragraph 2(1)(b) is listed but cannot proceed because of the failure of the assisted person or a witness to attend, the unavailability of a pre-sentence report, or other good reason, the fee payable to the advocate is the fixed fee specified in the Table following paragraph 19.
(3) Where—
takes place in the course of a hearing referred to in paragraph 2(1)(b), the fee payable to the advocate is the fixed fee specified in the Table following paragraph 20.
18.—(1) This paragraph applies to proceedings for contempt committed, or alleged to have been committed, by an individual in the face of the Court, and where a court grants legal aid to a person for the purposes of proceedings under this sub-paragraph it may assign to him, for the purposes of those proceedings, any representative who is within the precincts of the court.
(2) Proceedings for contempt disposed of in the Crown Court will be remunerated as detailed in the Tables preceding this paragraph:
| Category of advocate | Payment rates (£ per day) |
|---|---|
| QC | 300 |
| Leading Junior | 225 |
| Led Junior or junior acting alone | 150 |
| Category of advocate | Payment rates (£ per day) |
|---|---|
| QC | 175 |
| Leading Junior | 125 |
| Led Junior or junior acting alone | 100 |
19.—(1) This paragraph applies to proceedings which are transferred to the Crown Court under—
(2) Where proceedings referred to in sub-paragraph (1) are discontinued at any time before the prosecution serves its evidence, the advocate must be paid 50 per cent of the Basic Fee (B) for a guilty plea, as specified in the Table following paragraph 7 as appropriate to the offence for which the assisted person is charged and the category of advocate.
(3) Where proceedings referred to in sub-paragraph (1) are discontinued at any time after the prosecution serves its evidence, the advocate must be paid a graduated fee calculated in accordance with paragraph 6, as appropriate for representing an assisted person in a guilty plea.
(4) Sub-paragraph (5) applies to–
(5) Where, at a hearing to which this sub-paragraph applies, the prosecution offers no evidence and the assisted person is discharged, the advocate instructed in the proceedings must be paid a graduated fee calculated in accordance with paragraph 6, as appropriate for representing an assisted person in a guilty plea.
(6) Where an application for dismissal is made, the advocate must be remunerated for attendance at the hearing of the application for dismissal—
provided that a fee is not payable elsewhere under this Schedule in respect of any day of the hearing.
(7) Where an application for dismissal is made and the charge, or charges, are dismissed and the assisted person is discharged, in respect of the first day of the hearing of the application to dismiss, the advocate instructed in the proceedings must be paid a graduated fee calculated in accordance with paragraph 6, as appropriate for representing an assisted person in a guilty plea.
(8) Where an advocate represents more than one assisted person in proceedings referred to in sub-paragraph (1), the advocate must be paid a fixed fee of 20 per cent of—
in respect of each additional assisted person he represents.
20. The fee payable to an advocate retained solely for the purpose of making a note of any hearing must be the daily fee set out in the Table following this paragraph.
20. The fee payable to an advocate retained solely for the purpose of making a note of any hearing must be the daily fee set out in the Table following this paragraph.
| Category of work | Paragraph providing for fee | Fee for QC | Fee for leading junior | Fee for led junior or junior alone |
|---|---|---|---|---|
| Standard appearance | 9(2) | £200 per day | £150 per day | £100 per day |
| Abuse of process hearing | 10(1)(a) | Half day £300, Full day £575 |
Half day £225, Full day £400 |
Half day £150, Full day £275 |
| Hearings relating to disclosure | 10(1)(b) and (c) | Half day £300, Full day £575 |
Half day £225, Full day £400 |
Half day £150, Full day £275 |
| Hearings relating to the admissibility of evidence | 10(1)(d) | Half day £300, Full day £575 |
Half day £225, Full day £400 |
Half day £150, Full day £275 |
| Hearings on withdrawal of a plea of guilty | 10(1)(e) | Half day £300, Full day £575 |
Half day £225, Full day £400 |
Half day £150, Full day £275 |
| Confiscation hearings | 11 | Half day £300, Full day £575 |
Half day £225, Full day £400 |
Half day £150, Full day £275 |
| Deferred sentencing hearing | 12(1)(a) | £375 per day | £275 per day | £200 per day |
| Other sentencing hearing | 12(1)(b) | £300 per day | £200 per day | £125 per day |
| Ineffective trial payment | 13 | £325 per day | £225 per day | £150 per day |
| Special preparation | 14 | £85 per hour | £65 per hour | £45 per hour |
| Wasted preparation | 15 | £85 per hour | £65 per hour | £45 per hour |
| Consultations and views | 16 | £85 per hour | £65 per hour | £45 per hour |
| Proceedings relating to breach of an order of the Crown Court | 17(1) | £250 per day | £175 per day | £125 per day |
| Adjourned breach hearings | 17(2) | £200 per day | £150 per day | £100 per day |
| Bail applications, mentions and other applications in breach hearings | 17(3) | £200 per day | £150 per day | £100 per day |
| Second and subsequent days of an application to dismiss | 19(6) | Half day £300, Full day £575 |
Half day £225, Full day £400 |
Half day £150, Full day £275 |
| Noting brief | 20 | - | - | £125 per day |
21.—(1) Where an instructed advocate is appointed before first arraignment, the advocate must notify the Court in writing as soon as he is appointed and, where appropriate, the advocate must confirm whether he is the leading instructed advocate or the led instructed advocate.
(2) Where the criminal aid certificate provides for a single advocate and no instructed advocate has been notified to the Court in accordance with sub-paragraph (1)—
(3) Where the criminal aid certificate provides for a single advocate and no counsel or solicitor advocate attends the first arraignment—
(4) Where the criminal aid certificate provides for more than one advocate, and no leading instructed advocate has been notified to the Court in accordance with sub-paragraph (1), the leading advocate who attends—
will be deemed to be the leading instructed advocate, and the Court will make a written record of this fact.
(5) Where the criminal aid certificate provides for more than one advocate, and no led instructed advocate has been notified to the Court in accordance with sub-paragraph (1), the led advocate who attends—
will be deemed to be the led instructed advocate, the Court will make a written record of this fact.
(6) Where a criminal aid certificate is amended after the first arraignment to provide for more than one advocate—
(7) Where no additional instructed advocate has been notified to the Court in accordance with sub-paragraph (6)(a), the advocate who attends the next hearing in the case will be deemed to be an instructed advocate and the Court will record in writing whether that advocate is the leading instructed advocate or the led instructed advocate, as appropriate to the circumstances of the case.
(8) The Court will attach—
(9) An instructed advocate must remain as instructed advocate at all times, except where—
(10) Where, in accordance with sub-paragraph (9), an instructed advocate withdraws, the advocate must—
22.—(1) In accordance with rule 17 the Commission must notify each instructed advocate of the total fees payable and authorise payment to that advocate accordingly.
(2) Payment of the fees in accordance with sub-paragraph (1) must be made to each instructed advocate.
(3) Where the criminal aid certificate provides for a single advocate, the instructed advocate is responsibly for arranging payment of fees to the trial advocate and any substitute advocate who has undertaken work on the case.
(4) Where there are two instructed advocates for an assisted person, payment must be made to each instructed advocate individually, and—
23.—(1) Where an assisted person is charged with more than one offence on one indictment, the graduated fee payable to the trial advocate under this Schedule will be based on whichever of those offences the trial advocate selects.
(2) Where two or more cases to which this Schedule applies involving the same trial advocate are heard concurrently (whether involving the same or different assisted persons)—
(3) Where a trial advocate or substitute advocate appears at a hearing specified in paragraph 9, 10, 11, 12 or 13, forming part of two or more cases involving different assisted persons, that advocate must be paid—
(4) Subject to sub-paragraphs (1) to (3), where a trial advocate or substitute advocate appears at a hearing forming part of two or more cases, that advocate must be paid the fixed fee for that hearing specified in the Table following paragraph 20 in respect of one such case, without any increase in respect of the other cases.
(5) Where a trial advocate selects—
that selection does not affect the advocate’s right to claim any of the fees set out in the Table following paragraph 20 to which he would otherwise have been entitled.
24. Where a criminal aid certificate provides for three advocates in a case the provisions of this Schedule will apply, and the fees payable to the led juniors in accordance with Part 2 or Part 3 will be payable to each led junior who is instructed in the case.
25.Where an advocate is instructed to appear in a court which is not within 20 miles from the Head Post Office, Belfast, the Commission may allow an amount for travelling and other expenses incidental to that appearance.
26.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”)—
whichever the trial advocate elects; and
whichever the trial advocate elects.
| Offence | Contrary to | Year and chapter |
|---|---|---|
| Class A: Homicide and related grave offences | ||
| Murder | Common law | |
| Manslaughter | Common law | |
| Soliciting to murder | Offences against the Person Act 1861 s.4 | 1861 c.100 |
| Child destruction | Criminal Justice Act (NI) 1945, s.25(1) | 1945 c.15 |
| Infanticide | Infanticide Act (NI) 1939 s.1(1) | 1939 c.5 |
| Causing explosion likely to endanger life or property | Explosive Substances Act 1883 s.2 | 1883 c.3 |
| Attempt to cause explosion, making or keeping explosive etc. | Explosive Substances Act 1883 s.3 | as above |
| Class B: Offences involving serious violence or damage, and serious drugs offences | ||
| Kidnapping | Common law | |
| False imprisonment | Common law | |
| Aggravated criminal damage | Criminal Damage (NI) Order 1977 Art. 3(2)(b) | 1977 N.I. 4 |
| Aggravated arson | Criminal Damage (NI) Order 1977 Art. 3(3) | as above |
| Arson (where value exceeds £30,000) | Criminal Damage (NI) Order 1977 Art. 3(3) | as above |
| Possession of firearm with intent to endanger life | Firearms (NI) Order 1981 Art. 17 | 1981 N.I. 2 |
| Use of firearm to resist arrest | Firearms (NI) Order 1981 Art. 18 | as above |
| Possession of firearm with criminal intent | Firearms (NI) Order 1981 Art. 19 | as above |
| Possession or acquisition of certain prohibited weapons etc. | Firearms (NI) Order 1981 Art. 6 | as above |
| Aggravated burglary | Theft Act (NI) 1969 s. 10 | 1969 c.16 |
| Armed robbery | Theft Act (NI) 1969 s. 8(1) | as above |
| Assault with weapon with intent to rob | Theft Act (NI) 1969 s. 8(2) | as above |
| Blackmail | Theft Act (NI) 1969 s. 20 | as above |
| Riot | Common law | |
| Contamination of goods with intent | Public Order Act 1986 s.38 | 1986 c.34 |
| Causing death by dangerous driving | Road Traffic (NI) Order 1995 Art.9 | 1995 N.I. 18 |
| Causing death by careless driving while under the influence of drink or drugs | Road Traffic (NI) Order 1995 Art.14 | as above |
| Causing danger to road users | Road Traffic (NI) Order 1995 Art.53 | as above |
| Attempting to choke, suffocate, strangle etc. | Offences against the Person Act 1861 s.21 | 1861 c.100 |
| Causing miscarriage by poison, instrument | Offences against the Person Act 1861 s.58 | as above |
| Making threats to kill | Offences against the Person Act 1861 s.16 | as above |
| Wounding or grievous bodily harm with intent to cause grievous bodily harm etc. | Offences against the Person Act 1861 s.18 | as above |
| Endangering the safety of railway passengers | Offences against the Person Act 1861 ss.32, 33, 34 | as above |
| Impeding persons endeavouring to escape wrecks | Offences against the Person Act 1861 s.17 | as above |
| Administering chloroform, laudanum etc. | Offences against the Person Act 1861 s.22 | as above |
| Administering poison etc. so as to endanger life | Offences against the Person Act 1861 s.23 | as above |
| Cruelty to persons under 16 | Children and Young Persons Act (NI) 1968 s.20 | 1968 c.34 |
| Aiding and abetting suicide | Criminal Justice Act (NI) 1966 s.13 | 1966 c.20 |
| Placing wood etc. on railway | Malicious Damage Act 1861 s.35 | 1861 c.97 |
| Exhibiting false signals etc. | Malicious Damage Act 1861 s.47 | as above |
| Acquiring, possessing etc. the proceeds of criminal conduct | Proceeds of Crime Act 2002 | 2002 c.29 |
| Producing or supplying a Class A or B drug | Misuse of Drugs Act 1971 s.4 | 1971 c.38 |
| Possession of a Class A or B drug with intent to supply | Misuse of Drugs Act 1971 s.5(3) | as above |
| Manufacture and supply of scheduled substances | Criminal Justice (International Co-operation) Act 1990 s.12 | 1990 c.5 |
| Fraudulent evasion of controls on Class A and B drugs | Customs and Excise Management Act 1979 s.170 (2)(b) and (c) | 1979 c.2 |
| Illegal importation of Class A and B drugs | Customs and Excise Management Act 1979 s.50 | as above |
| Offences in relation to proceeds of drug trafficking | Proceeds of Crime Act 2002 s. 223 | 2002 c.29 |
| Offences in relation to money laundering investigations | Proceeds of Crime Act 2002 ss. 327-333 | as above |
| Practitioner contravening drug supply regulations | Misuse of Drugs Act 1971 ss.12 and 13 | 1971 c.38 |
| Cultivation of cannabis plant | Misuse of Drugs Act 1971 s.6 | as above |
| Occupier knowingly permitting drugs offences etc. | Misuse of Drugs Act 1971 s.8 | as above |
| Activities relating to opium | Misuse of Drugs Act 1971 s.9 | as above |
| Drug trafficking offences at sea | Criminal Justice (International Co-operation) Act 1990 s.18 and s. 19 | 1990 c.5 |
| Firing on Revenue vessel | Customs and Excise Management Act 1979 s.85 | 1979 c.2 |
| Making or possession of explosive in suspicious circumstances | Explosive Substances Act 1883 s.4(1) | 1883 c.3 |
| Causing bodily injury by explosives | Offences against the Person Act 1861 s.28 | 1861 c.100 |
| Using explosive or corrosives with intent to cause grievous bodily harm | Offences against the Person Act 1861 s.29 | as above |
| Hostage taking | Taking of Hostages Act 1982 s.1 | 1982 c.28 |
| Assisting another to retain proceeds of terrorist activities | Northern Ireland (Emergency Provisions) Act 1991 s.53 | 1991 c.24 |
| Concealing or transferring proceeds of terrorist activities | Northern Ireland (Emergency Provisions) Act 1991 s.54 | as above |
| Offences against international protection of nuclear material | Nuclear Material (Offences) Act 1983 s.2 | 1983 c.18 |
| Placing explosives with intent to cause bodily injury | Offences against the Person Act 1861 s.30 | 1861 c.100 |
| Membership of prescribed organisations | Terrorism Act 2000 s.11 | 2000 c.11 |
| Support or meeting of prescribed organisations | Terrorism Act 2000 s.12 | as above |
| Uniform of prescribed organisations | Terrorism Act 2000 s.13 | as above |
| Fund-raising for terrorism | Terrorism Act 2000 s.15 | as above |
| Other offences involving money or property to be used for terrorism | Terrorism Act 2000 ss.16-18 | as above |
| Disclosure prejudicing, or interference of material relevant to, investigation of terrorism | Terrorism Act 2000 s.39 | as above |
| Weapons training | Terrorism Act 2000 s.54 | as above |
| Directing terrorist organisation | Terrorism Act 2000 s.56 | as above |
| Possession of articles for terrorist purposes | Terrorism Act 2000 s.57 | as above |
| Unlawful collection of information for terrorist purposes | Terrorism Act 2000 s.58 | as above |
| Incitement of terrorism overseas | Terrorism Act 2000 s.60 | as above |
| Endangering the safety of an aircraft | Aviation Security Act 1982, s.2(1)(b) | 1982 c.36 |
| Class C: Lesser offences involving violence or damage, and less serious drugs offences | ||
| Robbery (other than armed robbery) | Theft Act (NI) 1969 s.8(1) | 1969 c.16 |
| Unlawful wounding | Offences against the Person Act 1861 s.20 | 1861 c.100 |
| Assault occasioning actual bodily harm | Offences against the Person Act 1861 s.47 | as above |
| Concealment of birth | Offences against the Person Act 1861 s.60 | as above |
| Abandonment of children under two | Offences against the Person Act 1861 s.27 | as above |
| Arson (other than aggravated arson) where value does not exceed £30,000 | Criminal Damage (NI) Order 1977 Art.3 | 1977 N.I. 4 |
| Criminal damage (other than aggravated criminal damage) | Criminal Damage (NI) Order 1977 Art.3 | as above |
| Possession of firearm without certificate | Firearms (NI) Order 1981 Art.3(1) | 1981 N.I. 2 |
| Carrying loaded firearm in public place | Firearms (NI) Order 1981 Art.20 | as above |
| Trespassing with a firearm | Firearms (NI) Order 1981 Art.21 | as above |
| Shortening of shotgun or possession of shortened shotgun | Firearms (NI) Order 1981 Art.5 (1) | as above |
| Possession or acquisition of shotgun without certificate | Firearms (NI) Order 1981 Art. 3 | as above |
| Possession of firearms by person convicted of crime | Firearms (NI) Order 1981 Art. 22 | as above |
| Acquisition by or supply of firearms to person denied them | Firearms (NI) Order 1981 Art. 22(7) | as above |
| Dealing in firearms | Firearms (NI) Order 1981 Art. 9 | as above |
| Failure to comply with certificate when transferring firearm | Firearms (NI) Order 1981 Art. 4 (2) | as above |
| Permitting an escape (By person failing to perform any legal or official duty) |
Common law, Prison Act (NI) 1953 s. 31 |
1953 c.18 |
| Rescue | Common law, Prison Act (NI) 1953 s. 29 |
as above |
| Escaping from lawful custody without force | Common law, Prison Act (NI) 1953 s. 26 |
as above |
| Breach of prison | Common law, Prison Act (NI) 1953 s.28 |
as above |
| Assisting prisoners to escape | Prison Act (NI) 1953 s.30 | 1953 c.18 |
| Fraudulent evasion of agricultural levy | Customs and Excise Management Act 1979 s.68A | 1979 c.2 |
| Offender armed or disguised | Customs and Excise Management Act 1979 s.86 | as above |
| Making threats to destroy or damage property | Criminal Damage (NI) Order 1977 Art.4 | 1977 N.I. 4 |
| Possessing anything with intent to destroy or damage property | Criminal Damage (NI) Order 1977 Art.5 | as above |
| Child abduction by connected person | Child Abduction (NI) Order 1985 Art.3 | 1985 N.I 17 |
| Child abduction by other person | Child Abduction (NI) Order 1985 Art.4 | as above |
| Bomb hoax | Criminal Law (Amendment) (NI) Order 1977 Art.3 | 1977 N.I. 16 |
| Cutting away buoys etc. | Malicious Damage Act 1861 s.48 | 1861 c.97 |
| Producing or supplying Class C drug | Misuse of Drugs Act 1971 s.4 | 1971 c.38 |
| Possession of a Class C drug with intent to supply | Misuse of Drugs Act 1971 s.5(3)as above | |
| Fraudulent evasion of controls on Class C drugs | Customs and Excise Management Act 1979 s.170(2)(b), (c) | 1979 c.2 |
| Illegal importation of Class C drugs | Customs and Excise Management Act 1979 s.50 | as above |
| Possession of Class A drug | Misuse of Drugs Act 1971 s.5(2) | 1971 c.38 |
| Failure to disclose knowledge or suspicion of money laundering | Proceeds of Crime Act 2002 ss. 330-332 | 2002 c.29 |
| Tipping-off in relation to money laundering investigations | Proceeds of Crime Act 2002 s. 333 | as above |
| Assaults on officers saving wrecks | Offences against the Person Act 1861 s.37 | 1861 c.100 |
| Attempting to injure or alarm the Sovereign | Treason Act 1842 s.2 | 1842 c.51 |
| Assisting illegal entry or harbouring persons | Immigration Act 1971 s.25 | 1971 c.77 |
| Administering poison with intent to injure etc. | Offences against the Person Act 1861 s.24 | 1861 c.100 |
| Neglecting to provide food for or assaulting servants etc. | Offences against the Person Act 1861 s.26 | as above |
| Setting spring guns with intent to inflict grievous bodily harm | Offences against the Person Act 1861 s.31 | as above |
| Supplying instrument etc. to cause miscarriage | Offences against the Person Act 1861 s.59 | as above |
| Failure to disclose information about terrorism | Terrorism Act 2000 s.19 | 2000 c.11 |
| Circumcision of females | Prohibition of Female Circumcision Act 1985 s.1 | 1985 c.38 |
| Breaking or injuring submarine telegraph cables | Submarine Telegraph Act 1885 s.3 | 1885 c.49 |
| Failing to keep dogs under proper control resulting in injury | Dogs (NI) Order 1983 Art. 29 (1A) | 1983 N.I. 8 |
| Making gunpowder etc. to commit offences | Offences against the Person Act 1861 s.64 | 1861 c. 100 |
| Stirring up racial hatred | Public Order (NI) Order 1987 Arts. 8-13 | 1987 N.I. 7 |
| Class D: Serious sexual offences, offences against children | ||
| Rape | Common law | |
| Administering drugs to obtain intercourse | Criminal Law Amendment Act 1885 s.3 | 1885 c.69 |
| Unlawful carnal knowledge of a girl under 14 years | Criminal Law Amendment Act 1885 s.4 | as above |
| Unlawful carnal knowledge of a girl under 17 years | Criminal Law Amendment Act 1885 s.4 | as above |
| Sexual intercourse with defective | Mental Health (NI) Order 1986 Art.122(1)(a) | 1986 N.I. 4 |
| Procurement of a defective | Mental Health (NI) Order 1986 Art.122(1)(b) | as above |
| Incest | Punishment of Incest Act 1908 ss.1 and 2 | 1908 c.45 |
| Buggery of person under 16 or animal | Offences against the Person Act 1861 s.61 | 1861 c.100 |
| Gross indecency between male of 21 or over and male under 16 | Criminal Law Amendment Act 1885 s.11 | 1885 c.69 |
| Indecent assault on a woman | Offences against the Person Act 1861 s.52 | 1861 c.100 |
| Indecent assault on a man | Offences against the Person Act 1861 s.62 | as above |
| Abuse of position of trust | Sexual Offences (Amendment) Act 2000 s.3 | 2000 c.44 |
| Indecency with children under 17 | Children and Young Persons Act (NI) 1968 s.22 | 1968 c.22 |
| Taking, having etc. indecent photographs of children | Protection of Children (NI) Order 1978 Art.3 | 1978 N.I. 17 |
| Assault with intent to commit buggery | Offences against the Person Act 1861 s.62 | 1861 c.100 |
| Abduction of woman by force | Offences against the Person Act 1861 s.54 | as above |
| Permitting girl under 13 to use premises for sexual intercourse | Criminal Law Amendment Act 1885 s.6 | 1885 c.69 |
| Man living on earnings of prostitution | Vagrancy Act 1898 s.1 | 1898 c.39 |
| Woman exercising control over prostitute | Vagrancy Act 1898 s.1 | as above |
| Living on earnings of male prostitution | Vagrancy Act 1898 s.1 amended by Criminal Law Amendment Act 1912 | As above |
| Incitement to commit incest | Punishment of Incest Act 1908 s.1 | 1908 c.45 |
| Criminal Justice (NI) Order 1980, Art. 9 |
1980 N.I. 6 | |
| Allowing or procuring any woman or girl to go abroad to perform | Criminal Law Amendment Act 1885 s.2 | 1885 c.69 |
| Sexual intercourse with patients | Mental Health (NI) Order 1986 Art.123 | 1986 N.I. 4 |
| Ill-treatment of persons of unsound mind | Mental Health (NI) Order 1986 Art.121 | as above |
| Abduction of unmarried girl under 18 from parent | Common Law Criminal Law Amendment Act 1885 s.7 |
1885 c.69 |
| Abduction of unmarried girl under 16 from parent | Offences against the Person Act 1861 s.55 | 1861 c.100 |
| Abduction of defective from parent | Mental Health (NI) Order 1986 Art. 122 (e) | 1986 N.I. 4 |
| Procuration of girl under 21 | Criminal Law Amendment Act 1885 s.2(1) | 1885 c.69 |
| Permitting girl under 17 to use premises for intercourse | Criminal Law Amendment Act 1885 s.6 | as above |
| Permitting defective to use premises for intercourse | Mental Health (NI) Order 1986 Art.122(1)(d) | 1986 N.I. 4 |
| Causing or encouraging prostitution of girl under 17 | Children and Young Persons Act (NI) 1968 s.21 | 1968 c.34 |
| Causing or encouraging prostitution of defective | Mental Health (NI) Order 1986 Art.122(1)(c) | 1986 N.I. 4 |
| Class E: Burglary etc. | ||
| Burglary (domestic) | Theft Act (NI) 1969 s.9 | 1969 c.16 |
| Going equipped to steal | Theft Act (NI) 1969 s.24 | as above |
| Burglary (non-domestic) | Theft Act (NI) 1969 s.9 | as above |
| Classes F and G: Other offences of dishonesty | ||
| The following offences are always in Class F | ||
| Destruction of registers of births etc. | Forgery Act 1861 s.36 | 1861 c.98 |
| Making false entries in copies of registers sent to register | Forgery Act 1861 s.37 | as above |
| The following offences are always in Class G | ||
| Counterfeiting notes and coins | Forgery and Counterfeiting Act 1981 s.14 | 1981 c.45 |
| Passing counterfeit notes and coins | Forgery and Counterfeiting Act 1981 s.15 | as above |
| Offences involving custody or control of counterfeit notes and coins | Forgery and Counterfeiting Act 1981 s.16 | as above |
| Making, custody or control of counterfeiting materials etc. | Forgery and Counterfeiting Act 1981 s.17 | as above |
| Illegal importation: counterfeit notes or coins | Customs and Excise Management Act 1979 s.50 | 1979 c.2 |
| Forgery and Counterfeiting Act 1981 s.20 | 1981 c.45 | |
| Fraudulent evasion: counterfeit notes or coins | Customs and Excise Management Act 1979 s.170(2)(b), (c) | as above |
| Undischarged bankrupt being concerned in a company | Companies (NI) Order 1989, Art. 14 | 1989 N.I. 18 |
| The following offences are in Class G if the value involved exceeds £30,000 and in Class F otherwise | ||
| Theft | Theft Act (NI) 1969 s.1 | 1969 c.16 |
| Removal of articles from places open to the public | Theft Act (NI) 1969 s.11 | as above |
| Abstraction of electricity | Theft Act (NI) 1969 s.13 | as above |
| Obtaining property by deception | Theft Act (NI) 1969 s.15 | as above |
| Obtaining pecuniary advantage by deception | Theft Act (NI) 1969 s.16 | as above |
| False accounting | Theft Act (NI) 1969 s.17 | as above |
| Handling stolen goods | Theft Act (NI) 1969 s.21 | as above |
| Obtaining services by deception | Theft (NI) Order 1978 Art.3 | 1978 N.I. 23 |
| Evasion of liability by deception | Theft (NI) Order 1978 Art.4 | as above |
| Illegal importation: not elsewhere specified | Customs and Excise Management Act 1979 s.50 | 1979 c.2 |
| Counterfeiting Customs documents | Customs and Excise Management Act 1979 s.168 | as above |
| Fraudulent evasion not elsewhere specified | Customs and Excise Management Act 1979 s.170(2)(b), (c) | as above |
| Forgery | Forgery and Counterfeiting Act 1981 s.1 | 1981 c.45 |
| Copying false instrument with intent | Forgery and Counterfeiting Act 1981 s.2 | as above |
| Using a false instrument | Forgery and Counterfeiting Act 1981 s.3 | as above |
| Using a copy of a false instrument | Forgery and Counterfeiting Act 1981 s.4 | as above |
| Custody or control of false instruments etc. | Forgery and Counterfeiting Act 1981 s.5 | as above |
| Offences in relation to dies or stamps | Stamp Duties Management Act 1891 s.13 | 1891 c.38 |
| Counterfeiting of dies or marks | Hallmarking Act 1973 s.6 | 1973 c.43 |
| Unauthorised use of trade mark, &c. in relation to goods | Trade Marks Act 1994 s.92 (1)(c) | 1994 c.26 |
| VAT offences | Value Added Tax Act 1994 s.72 (1-8) | 1994 c.23 |
| Fraudulent evasion of duty | Customs and Excise Management Act 1979, s 170 (1) (b) | 1979 c.2 |
| Class H: Miscellaneous lesser offences | ||
| Possession of offensive weapon | Public Order (NI) Order 1987 Art.22(1) | 1987 N.I. 7 |
| Affray | Common law | |
| Assault with intent to resist arrest | Criminal Justice (Miscellaneous Provisions) Act (NI) 1968 s.7(1)(b) | 1968 c.28 |
| Unlawful eviction and harassment of occupier | Rent (NI) Order 1978 Art.54 | 1978 N.I. 20 |
| Gross indecency between males (other than where one is 21 or over and the other is under 16) | Criminal Law Amendment Act 1885 s.11(1) (b) & (2) | 1885 c.69 |
| Solicitation for immoral purposes | Vagrancy Act 1898 s.1 (b) | 1898 c.39 |
| Buggery of males of 16 or over otherwise than in private | Homosexual Offences (NI) Order 1982 Art.3 | 1982 N.I. 19 |
| Acts outraging public decency | Common law | |
| Offences of publication of obscene matter | Common law | |
| Keeping a disorderly house | Common law | |
| Procurement of intercourse by threats etc. | Criminal Law Amendment 1885 s.3 | 1885 c.69 |
| Detention of woman in brothel or other premises | Criminal Law Amendment Act 1885 s.8 | as above |
| Procurement of a woman by false pretences | Criminal Law Amendment Act 1885 s.3 | as above |
| Procuring others to commit homosexual acts | Homosexual Offences (NI) Order 1982 Art. 7 | 1982 N.I. 19 |
| Trade description offences (9 offences) | Trade Descriptions Act 1968 ss.1, 8, 9, 12, 13, 14, 18 | 1968 c.29 |
| Absconding by person released on bail | Prison (NI) Act 1953 s.26(d) | 1953 c.18 |
| Misconduct endangering ship or persons on board ship | Merchant Shipping Act 1995 s.58 | 1995 c.21 |
| Obstructing engine or carriage on railway | Malicious Damage Act 1861 s.36 | 1861 c.97 |
| Offences relating to the safe custody of controlled drugs | Misuse of Drugs Act 1971 s.11 | 1971 c.38 |
| Possession of Class B or C drug | Misuse of Drugs Act 1971 s.5(2) | as above |
| Wanton or furious driving | Offences against the Person Act 1861 s.35 | 1861 c.100 |
| Dangerous driving | Road Traffic (NI) Order 1995 Art.10 | 1995 N.I. 18 |
| Forgery and misuse of driving documents | Road Traffic (NI) Order 1981 Art.174 (2) | 1981 N.I. 1 |
| Forgery of driving documents | Road Traffic (NI) Order 1981 Art.174 (2) | as above |
| Forgery etc. of licences and other documents | Road Traffic (NI) Order 1981 Art.174 (2) | as above |
| Mishandling or falsifying parking documents etc. | Road Traffic Regulation (NI) Act 1997, s. 23 | 1997 N.I. 2 |
| Forgery, alteration, fraud of licences etc. | Vehicle (Excise) and Registration Act 1994 ss. 44-45 | 1994 c.22 |
| Making off without payment | Theft (NI) Order 1978 Art.5 | 1978 N.I. 23 |
| Agreeing to indemnify sureties | Common Law | |
| Sending prohibited articles by post | Postal Services Act 2000 s.85 | 2000 c.26 |
| Impersonating Customs officer | Customs and Excise Management Act 1979 s.13 | 1979 c.2 |
| Obstructing Customs officer | Customs and Excise Management Act 1979 s.16 | as above |
| Breach of sex offender order | Criminal Justice (NI) Order 1998, Art.6 (8) | 1998 N.I. 20 |
| Having an article with a blade or point in a public place | Criminal Justice Act 1988, s.139 | 1988 c.33 |
| Breach of harassment injunction | Protection from Harassment (NI) Order 1997 Art. 5 (6) | 1997 N.I. 9 |
| Putting people in fear of violence | Protection from Harassment (NI) Order 1997 Art. 6 (1) | as above |
| Breach of restraining order | Protection from Harassment (NI) Order 1997 Art. 7 | as above |
| Being drunk when in aircraft | Air Navigation (No.2) Order 1995 Art. 57 | 1995 No. 1970 |
| Class I: Offences against public justice and similar offences | ||
| Perverting the course of public justice | Common law | |
| Perjuries (7 offences) | Perjury (NI) Order 1979 Art. 3-12 | 1979 N.I. 19 |
| Corrupt transactions with agents | Prevention of Corruption Act 1906 s.1 | 1906 c.34 |
| Corruption in public office | Public Bodies Corrupt Practices Act 1889 s.1 | 1889 c.69 |
| Embracery | Common law | |
| Fabrication of evidence with intent to mislead a tribunal | Common law | |
| Personation of jurors | Common law | |
| Concealing an arrestable offence | Criminal Law Act (NI) 1967 s.5 | 1967 c.18 |
| Assisting offenders | Criminal Law Act (NI) 1967 s.4(1) | as above |
| False evidence before European Court | European Communities Act 1972 s.11 | 1972 c.68 |
| Personating for purposes of bail etc. | Forgery Act 1861 s.34 | 1861 c.60 |
| Intimidating a witness, juror etc. | Criminal Justice (NI) Order 1996 Art.47(1) | 1996 N.I. 24 |
| Harming, threatening to harm a witness, juror etc. | Criminal Justice (NI) Order 1996 Art.47(2) | as above |
| Prejudicing a drug trafficking investigation | Proceeds of Crime Act 2002 s. 342 | 2002 c.29 |
| False statement tendered under section 1 of the Criminal Justice Act (MP) (NI) 1968 | Perjury (NI) Order 1979 Art. 4 | 1979 N.I. 19 |
| Tendering false statement in evidence | Perjury (NI) Order 1979 Art. 4 | 1979 N.I. 19 |
| Making false statement to authorised officer | Trade Descriptions Act 1968 s.29(2) | 1968 c.29 |
| Conspiring to commit offences outside the UK | Criminal Attempts And Conspiracy (NI) Order 1983 Art. 9A | 1983 N.I. 13 |
(This note is not part of the Rules)
These Rules prescribe the Crown Court remuneration for solicitors and counsel assigned under Articles 29 or 36(2) of the Legal Aid, Advice and Assistance (Northern Ireland) Order 1981.
Rules 4 to 18 deal with the manner in which fees are to be claimed, determined and paid, including provisions permitting interim payments. They draw to a large extent on the Legal Aid for Crown Court Proceedings (Costs) Rules (Northern Ireland) 2005, which are being superseded by these Rules insofar as they prescribe the costs payable for standard fee cases in the Crown Court. Initial determinations will be undertaken by the Northern Ireland Legal Services Commission.
Rules 19 to 21 provide for an appeal mechanism to challenge, in certain circumstances, the determination of the fees payable to a representative. The provisions deal with the redetermination of fees by the Commission, appeals from the Commission to the taxing master, and appeals from the taxing master to the High Court.
Schedule 1 sets out the graduated fees and fixed fees payable to solicitors.
Schedule 2 sets out the graduated fees and fixed fees payable to advocates.
A full impact assessment of the effect of this instrument on the costs of the business sector is available from www.courtsni.gov.uk or from the Public Legal Services Division, Northern Ireland Court Service, Bedford House, 16-22 Bedford Street, Belfast BT2 7FD.