The Criminal Defence Service (Very High Cost Cases) (Funding) Order 2013

• Citation: S.I. 2013/2804
• Sections: 9

Section 1 Citation and commencement

This Order may be cited as the Criminal Defence Service (Very High Cost Cases) (Funding) Order 2013 and comes into force on 2nd December 2013.

Section 2 Application

This Order applies in relation to fees for work undertaken on or after 2nd December 2013.

Section 3 Amendment to paragraph 25 of Schedule 2 to the Criminal Defence Service (Funding) Order 2007

(1) The Criminal Defence Service (Funding) Order 2007 is amended as follows.

(2) For the first two tables following paragraph 25 of Schedule 2 substitute—

Preparation (hourly rates)

Category 1

£

Category 2

£

Category 3

£

Category 4

£

Advocacy

Preliminary hearing

£

Half day

£

Full day

£

(3) Subject to paragraph (4), the amendments made by this article apply to work done pursuant to any Task List agreed between the litigator and the Lord Chancellor on or after 2nd December 2013.

(4) The amendments made by this article do not apply to work done in a case in which—

(a) the court has set a trial date before 2nd December 2013; and

(b) that trial date is on or before 31st March 2014.

(5) For the purpose of paragraph (4), any adjournment or postponement of a trial which takes place after the trial date is set must be disregarded.

(6) In this article, “Task List” has the meaning given in the contract made between the Commission and members of the Very High Cost Case (Crime) Panel and dated 14th January 2008, as amended on 13th November 2008, 15th December 2008 and 5th May 2009 .

Section 4 Proceedings which are the subject of the contracts for members of the Very High Cost Case (Crime) Panel

(1) Fees in a relevant case must be paid—

(a) in accordance with the terms of a contract referred to in paragraph (2); and

(b) at the rates set out for the appropriate category and level of representative set out in Schedule 1 to this Order.

(2) In this article, a relevant case means a case which is the subject of a contract made between the Commission and members of the Very High Cost Case (Crime) Panel and dated 14th January 2008, as amended on 13th November 2008, 15th December 2008 and 5th May 2009.

(3) In this article and Schedule 1, the “Very High Cost Case (Crime) Panel” means the panel set up by the Commission from which representatives were chosen to provide representation in Very High Cost Cases.

Section 5 Proceedings which are the subject of a 2010 VHCC contract

(1) Fees in a relevant case must be paid—

(a) in accordance with the terms of the 2010 VHCC contract; and

(b) at the rates set out for the appropriate category and level of representative set out in Schedule 2 to this Order.

(2) In this article, a relevant case means a case which is the subject of a 2010 VHCC contract;

(3) In this article and Schedule 2, “2010 VHCC contract” means the contract so named between the Commission and a provider of services consisting of representation in criminal proceedings .

Section 1 Interpretation

(1) In this Schedule—

(a) “contract” means the contract made between the Commission and members of the Very High Cost Case (Crime) Panel and dated 14th January 2008, as amended on 13th November 2008, 15th December 2008 and 5th May 2009;

(b) a reference to a level is a reference to a level as described in the contract;

(c) a reference to a category is a reference to that category as described in the contract;

(d) the standard rates apply to work as described in the contract;

(e) the full day rate applies where the advocate is in court for more than 3.5 hours;

(f) the half day rate applies where the advocate is in court—

(i) at trial for 3.5 hours or less; or

(ii) for any hearing lasting for more than 2 hours, other than a trial, to which the full day rate does not apply; and

(g) the preliminary hearing rate applies where a hearing, other than a trial, lasts two hours or less.

(2) In Table 2, a reference to a junior includes a solicitor-advocate.

Section 2 Application

(1) Part 2 of this Schedule applies to work done pursuant to any Task List agreed between a member of the Very High Cost Case (Crime) Panel and the Lord Chancellor before 2nd December 2013.

(2) Subject to sub-paragraph (3), Part 3 of this Schedule applies to work done pursuant to any Task List agreed between a member of the Very High Cost Case (Crime) Panel and the Lord Chancellor on or after 2nd December 2013.

(3) Part 2 of the Schedule applies to work done in a case in which—

(a) the court has set a trial date before 2nd December 2013; and

(b) that trial date is on or before 31st March 2014.

(4) For the purpose of sub-paragraph (3), any adjournment or postponement of a trial which takes place after the trial date is set must be disregarded.

(5) In this paragraph, “Task List” has the meaning given in the contract.

Section 1 Interpretation

(1) In this Schedule—

(a) a reference to a level is a reference to that level as defined in the 2010 VHCC contract;

(b) a reference to a category is a reference to that category as defined in that contract;

(c) the standard rates apply to work as described in the 2010 VHCC Contract Guidance ; and

(d) the preliminary hearing, half day and full day rates apply as described in that guidance.

(2) In Table 2, a reference to a junior includes a solicitor-advocate.

Section 2 Application

(1) Part 2 of this Schedule applies to work done pursuant to any Task List agreed between a provider of services and the Lord Chancellor before 2nd December 2013.

(2) Subject to sub-paragraph (3), Part 3 of this Schedule applies to work done pursuant to any new Task List agreed between a provider of services and the Lord Chancellor on or after 2nd December 2013.

(3) Part 2 of the Schedule applies to work done in a case in which—

(a) the court has set a trial date before 2nd December 2013; and

(b) that trial date is on or before 31st March 2014.

(4) For the purpose of sub-paragraph (3), any adjournment or postponement of a trial which takes place after the trial date is set must be disregarded.

(5) In this paragraph, “Task List” has the meaning given in the 2010 VHCC contract.