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Crown Court Fee Guidance - GOV.UK

Page 1 of 115 Crown Court Fee Guidance Version Issue date Last review date Owned by June 2019 June 2019 Service Development, Legal Aid Agency. Page 2 of 115 Version History Version Date Reason April 2013 First edition of the combined LGFS and AGFS Guidance . May 2014 Updated version. June 2014 Hyperlinks added to appendix headings. August 2014 New LAA telephone number added to contact details. August 2015 Updated version. May 2016 Updated version, including Better Case Management changes. March 2017 Updated version. January 2018 Updated to show PPE / special preparation threshold changes. September 2018 Updated to reinstate the LGFS 10,000 PPE threshold (for cases with a representation order dated earlier than 1 April 2018). April 2018 This version incorporates a revised Advocates Graduated Fee Scheme.

Appendix K: Claiming the Evidence Provision Fee 97 Appendix L: LAC1 Form Guidance 98 Appendix M: Evidence Requirements Note 101 ... - Section 2: Guidance on Schedule 1 of the Remuneration Regulations which applies to the AGFS - Section 3: Guidance on Schedule 2 of the Remuneration Regulations which applies to the LGFS. ...

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Transcription of Crown Court Fee Guidance - GOV.UK

1 Page 1 of 115 Crown Court Fee Guidance Version Issue date Last review date Owned by June 2019 June 2019 Service Development, Legal Aid Agency. Page 2 of 115 Version History Version Date Reason April 2013 First edition of the combined LGFS and AGFS Guidance . May 2014 Updated version. June 2014 Hyperlinks added to appendix headings. August 2014 New LAA telephone number added to contact details. August 2015 Updated version. May 2016 Updated version, including Better Case Management changes. March 2017 Updated version. January 2018 Updated to show PPE / special preparation threshold changes. September 2018 Updated to reinstate the LGFS 10,000 PPE threshold (for cases with a representation order dated earlier than 1 April 2018). April 2018 This version incorporates a revised Advocates Graduated Fee Scheme.

2 September 2018 Updated to reinstate the LGFS 10,000 PPE threshold (for cases with a representation order dated on or after 1 April 2018). December 2018 Updated with minor amendments to reflect AGFS changes for cases with a representation order dated on or after 31 December 2018. June 2019 appendix R (Video recorded cross-examination under Section 28, Youth Justice and Criminal Evidence Act 1999) updated. Page 3 of 115 Contents Overview 6 1. General Guidance 7 Citation and Commencement 7 Interpretation 7 Scope 7 Claims for fees by advocates Crown Court 7 Claims for fees and disbursements by litigators Crown Court

3 9 Proceedings in the Court of Appeal 10 Proceedings in the Supreme Court 10 Claims for fees for certain categories of work to which the Standard Crime Contract applies. 10 Payments from other sources 10 Cases sent for trial at the Crown Court 10 Proceedings for contempt 10 Notification of Very High Cost Cases 10 Fees in Very High Cost Cases 10 Authorisation of Expenditure

4 11 Interim payment of disbursements 11 Interim disbursements and final determination of fees 11 Expert Services 11 Determination of litigators disbursements 11 Interim Payment of litigators fees 13 Interim payments in cases awaiting determination of fees 15 Amount of interim payments in cases awaiting determination of fees 15 Staged payments in long Crown Court proceedings 15 Hardship payments 16 Computation of final claim where an interim payment has been made 17 Payment of fees to advocates Crown Court 17 Payment of fees to litigators Crown Court 17 Recovery of Overpayments

5 17 Adverse observations 17 Wasted costs orders 17 Redetermination of fees by appropriate officer 18 Appeals to a Costs Judge 18 Appeals to the High Court 19 Time Limits 19 2.

6 Advocates Graduated Fee Scheme Guidance 19 Interpretation 19 Application 23 Bands of Offences 25 Calculation of graduated fees 27 Table of Fees 28 Scope of Part 3 28 Calculation of graduated fees in guilty pleas and cracked trials 28 Table of Fees 29 Scope of Part 4 29 Fixed fee for guilty pleas or cracked trials 29 Page 4 of 115 General

7 Provisions 29 Fees for plea and trial preparation hearings and standard appearances 29 Fees for abuse of process, disclosure, admissibility, and withdrawal of plea hearings 30 Fees for confiscation hearings 31 Fees for sentencing hearings 31 Fees for ineffective trials 32 Fees for special preparation 33 Fees for wasted preparation 34 Fees for conferences and views

8 34 Fees for further case management hearings and plea and trial preparation hearings 34 Fees for appeals, committals for sentence, and breach hearings 34 Fees for contempt proceedings 35 Discontinuance or dismissal of hearings 35 Noting Brief Fees 36 Fixed Fees 36 Identity of Instructed Advocate 36 Payment of Fees to Trial

9 Advocate 37 Additional charges and additional cases 37 Multiple advocates 38 Non-local appearances 37 Trials lasting over 40 days 39 Assisted person unfit to plead or stand trial 39 Cross examination of witness 40 Provision of written or oral advice 40 Mitigation of sentence 40 3.

10 Litigators Graduated Fee Scheme Guidance 41 Interpretation 41 Application 43 Class of Offences 44 Scope 45 Pages of prosecution evidence 45 Cracked trial or guilty plea where the number of pages of prosecution evidence is less than or equal to the PPE cut-off


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