The Criminal Legal Aid (Remuneration etc.) (Amendment) Regulations 2015

• Citation: S.I. 2015/1369
• Sections: 32

Section 1 Citation, commencement and interpretation

(1) These Regulations may be cited as the Criminal Legal Aid (Remuneration etc.) (Amendment) Regulations 2015.

(2) These Regulations come into force for the purposes of—

(a) Part 2 on 1st July 2015, and

(b) Part 3 on 11th January 2016.

(3) In these Regulations, “the Criminal Remuneration Regulations ” means the Criminal Legal Aid (Remuneration) Regulations 2013 .

Section 2 Transitional provisions

(1) The amendments made by Part 2 of these Regulations apply to matters in which a relevant determination is made on or after 1st July 2015.

(2) The amendments made by Part 3 of these Regulations apply to matters in which a relevant determination is made on or after 11th January 2016.

(3) In this regulation a “relevant determination” means a determination made under section 13 (advice and assistance for individuals in custody), section 15 (advice and assistance for criminal proceedings) or section 16 (representation for criminal proceedings) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012.

Section 3 Amendments to the Criminal Remuneration Regulations

(1) The Criminal Remuneration Regulations are amended as follows.

(2) Schedule 2 (litigators’ graduated fee scheme) is amended as set out in Schedule 1 to these Regulations.

(3) Schedule 3 (proceedings in the Court of Appeal) is amended as set out in Schedule 2 to these Regulations.

(4) Schedule 4 (rates payable for the claims specified in regulation 8) is amended as set out in Schedule 3 to these Regulations.

Section 4 Amendments to the Criminal Legal Aid (General) Regulations 2013

(1) The Criminal Legal Aid (General) Regulations 2013 are amended as follows.

(2) In regulation 2 (interpretation)—

(a) in the appropriate place, insert—

“relevant contract” means whichever of the 2015 Duty Provider Crime Contract or the 2015 Own Client Crime Contract governs the provision of advice and assistance made available under sections 13 or 15 of the Act, for which remuneration is claimed;

(b) in the definition of “Unit of Work”, for “1.5 of Part A of the Specification to the 2010 Standard Crime Contract” substitute “1.1 of the Standard Terms to the relevant contract”, and

(c) for the definition of “2010 Standard Crime Contract” substitute—

“2015 Duty Provider Crime Contract” and “2015 Own Client Crime Contract” mean the contracts so named between the Lord Chancellor and a provider of advice and assistance or representation made available under sections 13, 15 or 16 of the Act.

(3) In each of the following, for “2010 Standard Crime Contract” substitute “relevant contract”—

(a) regulation 8(b) (applications);

(b) regulation 11(3) (general);

(c) regulation 14 (applications), in both places it occurs;

(d) regulation 15(1)(b) (determinations);

(e) regulation 16(e)(ii) (withdrawal), and

(f) regulation 17(b) (appeal).

Section 5 Amendments to the Civil Legal Aid (Remuneration) Regulations 2013

(1) The Civil Legal Aid (Remuneration) Regulations 2013 are amended as follows.

(2) In regulation 2(1) (interpretation)—

(a) for the definition of “the relevant contract” substitute—

“the relevant contract” means whichever of the 2010 Standard Civil Contract, the 2013 Standard Civil Contract, the 2013 Individual Case Contract (Civil), the 2014 Standard Civil Contract, the 2014 Standard Civil Contract (Welfare Benefits), the 2015 Duty Provider Crime Contract, the 2015 Own Client Crime Contract or the 2015 Standard Civil Contract governs the provision of civil legal services for which remuneration is claimed; and

(b) for the entry beginning “the 2010 Standard Civil Contract” substitute—

“the 2010 Standard Civil Contract”, “the 2013 Standard Civil Contract”, “the 2013 Individual Case Contract (Civil)”, “the 2013 Individual Case Contract (High Cost Civil)”, “the 2014 Standard Civil Contract”, “the 2014 Standard Civil Contract (Welfare Benefits)”, “the 2015 Duty Provider Crime Contract”, “the 2015 Own Client Crime Contract” and “the 2015 Standard Civil Contract” mean the contracts so named between the Lord Chancellor and a provider of civil legal services under Part 1 of the Act (legal aid).

(3) In regulation 5A(3) (interpretation)—

(a) omit sub-paragraph (a), and

(b) for sub-paragraph (j) substitute—

(j) “relevant contract” includes the 2013 Individual Case Contract (High Cost Civil) and the 2013 CLA Contract;

Section 6 Amendments to the Criminal Remuneration Regulations

(1) The Criminal Remuneration Regulations are amended as follows.

(2) In the Table of Contents, in the entry for Schedule 2—

(a) in the heading of Schedule 2 omit “Graduated”, and

(b) at the appropriate place, insert “Part 1A Fixed Fees for Guilty Pleas, Cracked Trials and Trials”.

(3) In regulation 8 (claims for fees for certain categories of work to which the Standard Crime Contract applies)—

(a) in the heading, omit “to which the Standard Crime Contract applies”;

(b) in paragraph (2)(a), for “2010 Standard Crime Contract” substitute “relevant contract”, and

(c) for paragraph (3), substitute—

(3) In this regulation and in Schedule 4—

“relevant contract” means whichever of the 2015 Duty Provider Crime Contract or the 2015 Own Client Crime Contract governs the provision of advice and assistance or representation made available under sections 13, 15 or 16 of the Act, for which remuneration is claimed, and

“2015 Duty Provider Crime Contract” and “2015 Own Client Crime Contract” mean the contracts so named between the Lord Chancellor and a provider of advice and assistance or representation made available under sections 13, 15 or 16 of the Act.

(4) In regulation 17A (interim payment of litigators’ fees)—

(a) paragraphs (11) to (13) are amended as set out in Schedule 4 to these Regulations;

(b) in paragraph (14)—

(i) for “paragraph (13)(a)(i)” substitute “paragraph (13)(b)(i)”;

(ii) for “paragraph 5(2)”, in both instances, substitute “paragraph 5”, and

(iii) at the end of sub-paragraphs (a) and (b) insert “as appropriate to the offence with which the assisted person is charged and the number of pages of prosecution evidence served on the court”;

(c) in paragraph (19), for ““PPE Cut-off” has” substitute ““cracked trial”, “guilty plea” and “PPE Cut-off” have”, and

(d) after paragraph (19), insert—

(20) For the purpose of this regulation, the number of pages of prosecution evidence served on the court must be determined in accordance with paragraph 1(3) to (5) of Schedule 2.

(5) At the end of regulation 21(4)(d) (hardship payments) insert “, where appropriate”.

(6) In regulation 28(1)(c)(i) (redetermination of fees by appropriate officer), for “calculation” substitute “determination”.

(7) In Schedule 2—

(a) in the heading of the Schedule omit “Graduated”;

(b) in paragraph 1(1), in the definition of “PPE Cut-off”—

(i) omit “minimum”;

(ii) for “calculating” substitute “determining”;

(iii) for “tables” substitute “table”, and

(iv) omit “(1) and (2)”;

(c) after paragraph 3 (class of offences) insert Part 1A as set out in Schedule 5 to these Regulations;

(d) in paragraph 4(2) (scope), after “in all cases” insert “in which the number of pages of prosecution evidence served on the court exceeds 500”;

(e) for paragraph 5 (pages of prosecution evidence) substitute paragraph 5 as set out in Schedule 6 to these Regulations;

(f) omit paragraph 6 (cracked trial or guilty plea where the number of pages of prosecution evidence is less than or equal to the PPE Cut-off);

(g) in the each of the following paragraphs, for “paragraph 5(2)” substitute “paragraph 5”—

(i) 7(1) (trial where the number of pages of prosecution evidence is less than or equal to the PPE Cut-off);

(ii) 9(1) (trials where the number of pages of prosecution evidence exceeds the PPE Cut-off);

(iii) 12(3)(b) and (d) (defendant uplifts), and

(iv) 13(7)(b) and (d) (retrials and transfers);

(h) in the heading of paragraph 8 (cracked trials and guilty pleas where the number of pages of prosecution evidence exceeds the PPE Cut-off) omit the words following “guilty pleas”;

(i) in paragraph 8(1)—

(i) for “Where in” substitute “In”, and

(ii) omit the words from “the number” to “charged”;

(j) for the tables following paragraph 8(2), including the headings to the tables, substitute the text as set out in Schedule 7 to these Regulations;

(k) for the table following paragraph 9(2), including the heading to the table, substitute the text as set out in Schedule 8 to these Regulations;

(l) at the end of the heading of Part 3 (fixed fee for guilty pleas and cracked trials) insert “in Elected Cases”;

(m) in paragraph 12—

(i) in sub-paragraph (1), after “litigator” insert “under Part 2”;

(ii) omit sub-paragraph (3)(a);

(iii) in sub-paragraph (3)(c), omit the words from “where” to “paragraph 5(1)”, and

(iv) in sub-paragraph (4), for “(a)” substitute “(b)”;

(n) in paragraph 13(7)—

(i) for paragraph (a) substitute—

(a) in a case to which Part 1A applies, the fixed fee determined in accordance with paragraph 3AA;

(ii) in paragraph (c), omit the words from “where” to “paragraph 5(1),”;

(iii) in paragraphs (b) and (d), after “in a trial” insert “in a case to which Part 2 applies,”, and

(iv) in the heading of the fourth column in the table following sub-paragraph (12), after “Claim period” insert “(where Part 2 applies)”;

(o) in paragraph 14(2) (general provisions), before “Part 2”, in both instances, insert “Part 1A or”;

(p) in paragraph 20(1) (fees for special preparation), after “Crown Court” insert “to which Part 2 applies”;

(q) in paragraph 21 (discontinuance or dismissal of sent or transferred proceedings), for sub-paragraphs (2) to (6) substitute sub-paragraphs (2) to (5) as set out in Schedule 9 to these Regulations;

(r) in paragraph 22 (defendant uplifts)—

(i) for sub-paragraph (1) substitute—

(1) A defendant uplift is payable where a litigator represents more than one assisted person in the circumstances referred to in—

(a) paragraph 21(2), or

(b) paragraph 21(3), where the number of pages of prosecution evidence served on the court exceeds 500.

(ii) in sub-paragraph (3)—

(aa) at the end of paragraph (a), insert “or”;

(bb) for paragraph (b) substitute—

(b) in the circumstances referred to in paragraph 21(3), the initial fee specified in paragraph 8, as appropriate to the circumstances set out in paragraph 21(4)(b).

(cc) omit paragraph (c), and

(iii) omit sub-paragraph (4);

(s) for paragraph 23(2) (warrant for arrest), substitute paragraph 23(2) as set out in Schedule 10 to these Regulations, and

(t) for paragraph 25 (assisted person unfit to plead or stand trial), substitute paragraph 25 as set out in Schedule 11 to these Regulations.

(8) In Schedule 4—

(a) except in paragraphs 2(1) (work conducted at the Police Station: Police Station advice and assistance) and 6(2)(b) (own client work), for “National”, wherever it appears, substitute “Outside London”;

(b) in paragraph 1 (interpretation of this Schedule), for “2010 Standard Crime Contract” substitute “relevant contract”;

(c) in paragraph 2—

(i) in sub-paragraph (1)(b), omit “(“National”)”;

(ii) for sub-paragraph (3), substitute—

(3) The hourly rates for Police Station attendance for the purposes of—

(a) recording time and determining whether the Escape Fee Case Threshold has been reached, and

(b) payment of remuneration in cases in which the Escape Fee Case Threshold has been reached,

are specified in the table following this sub-paragraph as appropriate to the place of attendance.

(iii) in the table following sub-paragraph (3), for “Solicitor”, wherever it appears, substitute “Provider”, and

(iv) for sub-paragraph (4) to the end of paragraph 2 substitute sub-paragraphs (4) to (7) as set out in Schedule 12 to these Regulations;

(d) in paragraph 3 (work conducted outside the Police Station)—

(i) for “Solicitor”, wherever it appears, substitute “Provider”, and

(ii) in sub-paragraph (1) and the heading of the table following sub-paragraph (1), omit “free standing”;

(e) in paragraph 4 (Advice and Assistance and Advocacy Assistance by a court Duty Solicitor and Advocacy Assistance at the Virtual Court), including the heading, for “Solicitor”, wherever it appears, substitute “Lawyer”;

(f) in paragraph 5 (representation in the magistrates’ court)—

(i) before sub-paragraph (1), insert—

(A1) This paragraph does not apply where paragraph 5A applies.

(ii) in sub-paragraph (1), omit “(except where paragraph 5A applies)”;

(iii) in sub-paragraph (1)(a), omit “Lower or Higher”;

(iv) for sub-paragraph (1)(b) substitute—

(b) the payment of remuneration in cases in which the Standard Fee Limit has been reached,

(v) in the table following sub-paragraph (1), omit the entry beginning “Travelling and waiting hourly rate”, and

(vi) for sub-paragraph (2) and the table following it substitute sub-paragraphs (2) to (2B) as set out in Schedule 13 to these Regulations, and

(g) in paragraph 6—

(i) for the heading substitute “Work undertaken prior to a determination that an individual is not eligible for criminal legal aid”;

(ii) in sub-paragraph (2)(b), omit “(“National”)”;

(iii) omit the heading before the table following sub-paragraph (4), and

(iv) in the table—

(aa) omit “(only applicable where the Undesignated Area fees apply)”, and

(bb) for “N/A” substitute “21.70”.

Section 7 Amendments to the Criminal Legal Aid (Financial Resources) Regulations 2013

In regulation 5(2) (interpretation) of the Criminal Legal Aid (Financial Resources) Regulations 2013 —

(a) for the definition of “2010 Standard Crime Contract” substitute—

“2015 Duty Provider Crime Contract” and “2015 Own Client Crime Contract” mean the contracts so named between the Lord Chancellor and a provider of advice and assistance or representation made available under sections 13, 15 or 16 of the Act;

(b) omit the definition of “duty solicitor”;

(c) in the definition of “relevant advice and assistance”, in sub-paragraph (b), for the words from “by a duty solicitor” to the end of sub-paragraph (b) substitute “in accordance with the relevant contract”, and

(d) at the appropriate place, insert—

“relevant contract” means whichever of the 2015 Duty Provider Crime Contract or the 2015 Own Client Crime Contract governs the provision of advice and assistance made available under section 13 of the Act, for which remuneration is claimed;

Section 1

For the table following paragraph 6(2) (basic fees for cracked trials and guilty pleas) substitute the following—

Section 2

In paragraph 7—

(a) for the table following sub-paragraph (2) (basic fees for trials), substitute the following—

and

(b) for the table following sub-paragraph (3) (length of trial proxy), substitute the following—

Section 3

In paragraph 8 (cracked trials and guilty pleas where the number of pages of prosecution evidence exceeds the PPE Cut-off), for the tables following sub-paragraph (2) (table of final fees in cracked trials and table of final fees in guilty pleas), including the headings to the tables, substitute the following—

Table of final fees in cracked trials

Table of final fees in guilty pleas

Section 4

In paragraph 9 (trials where the number of pages of prosecution evidence exceeds the PPE Cut-off), for the table following sub-paragraph (2) (table of final fees in trials), substitute the following—

Section 5

In paragraph 11 (fixed fee for guilty pleas or cracked trials), for “£330.33” substitute “£298.65”.

Section 6

For the table following paragraph 19 (fixed fees), substitute the following—

Section 7

For the table following paragraph 27 (prescribed fee rates), substitute the following—

Section 1

For the table following paragraph 7(1) (litigators’ fees for proceedings in the Court of Appeal), substitute the following—

Section 1

For “£1,368.75”, wherever it appears, substitute “£1,237.50”.

Section 2

In paragraph 2 (work conducted at the Police Station: Police Station advice and assistance)—

(a) in sub-paragraph (1)—

(i) in paragraph (a), for “£28.70” substitute “£25.95”, and

(ii) in paragraph (b), for “£27.60” substitute “£24.96”;

(b) in sub-paragraph (2), for “£7.30” substitute “£6.60”;

(c) for the table following sub-paragraph (3), substitute the following—

and

(d) for the table following sub-paragraph (8) (Police station attendance – fixed fees and escape fee thresholds), substitute the following—

Section 3

In paragraph 3 (work conducted outside the Police Station)—

(a) in sub-paragraph (1) for “£273.75” substitute “£247.50”;

(b) for the table following sub-paragraph (1) (free standing advice and assistance), substitute the following—

(c) for the tables following sub-paragraph (2) (Advocacy Assistance on a warrant of further detention – Magistrates’ Court or judicial authority and Advocacy Assistance on a warrant of further detention – High Court or a senior judge), including the headings to the tables, substitute the following—

Advocacy Assistance on a warrant of further detention – magistrates’ court or judicial authority

Advocacy Assistance on a warrant of further detention – High Court or a senior judge

(d) for the table following sub-paragraph (3) (Advocacy Assistance for armed forces custody hearings), substitute the following—

and

(e) for the table following sub-paragraph (4) (Advocacy Assistance in the magistrates’ court in connection with an application to vary police bail conditions), substitute the following—

Section 4

In paragraph 4 (Advice and Assistance and Advocacy Assistance by a court Duty Solicitor and Advocacy Assistance at the Virtual Court)—

(a) for the table following sub-paragraph (1) (Advice and Assistance and Advocacy Assistance by a court Duty Solicitor), substitute the following—

(b) for the table following sub-paragraph (2) (Advocacy Assistance at the Virtual Court), substitute the following—

Section 5

In paragraph 5 (representation in the magistrates’ court)—

(a) for the table following sub-paragraph (1) (representation in a magistrates’ court), substitute the following—

and

(b) for the table following sub-paragraph (2) (Higher and Lower Standard Fees Table), substitute the following—

Section 6

In paragraph 5A (representation in proceedings relating to an injunction under Part 1 of the 2014 Act or related parenting order in any court)—

(a) for the table following sub-paragraph (2) (representation in proceedings relating to an injunction under Part 1 of the 2014 Act or related parenting order in any court), substitute the following—

(b) for the table following sub-paragraph (3) (Higher and Lower Fees Table), substitute the following—

and

(c) in sub-paragraph (4) for “£24.00” substitute “£21.70”.

Section 7

In paragraph 6 (own client work)—

(a) in sub-paragraph (2)—

(i) in paragraph (a) for “£47.95” substitute “£43.35”, and

(ii) in paragraph (b) for “£45.35” substitute “£41.00”;

(b) in sub-paragraph (3), for “£68.44” substitute “£61.88”;

(c) in sub-paragraph (4), for “£22.81” substitute “£20.63”, and

(d) for the table following sub-paragraph (4) (own client work), substitute the following—

Section 8

In paragraph 7 (representation in proceedings prescribed as criminal proceedings under section 14(h) of the Act)—

(a) for the table following sub-paragraph (1) (representation in Prescribed Proceedings in a Crown Court), substitute the following—

and

(b) for the table following sub-paragraph (2) (representation in Prescribed Proceedings in the High Court or a county court), substitute the following—

Section 9

In paragraph 8 (Advice and Assistance on an appeal against conviction or sentence or an application to the Criminal Cases Review Commission)—

(a) in paragraph (a), for “£273.75” substitute “£247.50”;

(b) in paragraph (b), for “£456.25” substitute “£412.50”, and

(c) for the table following paragraph 8 (Advice and Assistance on an appeal against conviction or sentence or application to the Criminal Cases Review Commission), substitute the following—

Section 10

In paragraph 9 (representation on an appeal by way of case stated), for the table following sub-paragraph (1) (representation on an appeal by way of case stated in the High Court), substitute the following—

Section 11

For the table following paragraph 10 (representation in the Crown Court on an appeal from a magistrates’ court in proceedings prescribed as criminal proceedings under section 14(h) of the Act), substitute the following—

Section 12

In paragraph 11 (Advice and Assistance provided pursuant to a determination made under section 15 of the Act in Prison Law cases)—

(a) in sub-paragraph (1)—

(i) for “£200.75” substitute “£181.50”, and

(ii) for “£602.25” substitute “£544.50”;

(b) for the table following sub-paragraph (2) (hourly rates for determining whether Escape Fee Threshold reached), substitute the following—

(c) for the tables following sub-paragraph (3) (hourly rates in Disciplinary Cases for determining application of Standard Fees and Higher and Lower Standard Fees Table for Disciplinary Cases), including the headings to the tables, substitute the following—

Hourly rates in Disciplinary Cases for determining application of Standard Fees

Higher and Lower Standard Fees Table for Disciplinary Cases

and

(d) for the tables following sub-paragraph (4) (hourly rates in Parole Board Cases for determining application of Standard Fees and Higher and Lower Standard Fees Table for Parole Board Cases), including the headings to the tables, substitute the following—

Hourly rates in Parole Board Cases for determining application of Standard Fees

Higher and Lower Standard Fees Table for Parole Board Cases

Section 13

In paragraph 12 (payment for Assigned Counsel), for the table following sub-paragraph (2) (payment for Assigned Counsel), substitute the following—

Section 3A Scope

(1) Subject to sub-paragraph (2), this Part applies to all cases in which the number of pages of prosecution evidence served on the court is less than or equal to 500.

(2) Except for a relevant cracked trial or as provided for in paragraph 21, this Part does not apply to a guilty plea or a cracked trial in a case committed or sent for trial to the Crown Court on the election of a defendant where the magistrates’ court has determined the case to be suitable for summary trial.

(3) In sub-paragraph (2), “relevant cracked trial” means a case in which the trial is a cracked trial because the prosecution offer no evidence on all counts against a defendant and the judge directs that a not guilty verdict be entered.

Section 3AA Fixed Fees

(1) The fee payable to a litigator in relation to a guilty plea to which this Part applies is specified in the table following this sub-paragraph, as appropriate to the offence with which the assisted person is charged and the number of pages of prosecution evidence served on the court.

Fixed fees for guilty pleas (£)

(2) The fee payable to a litigator in relation to a cracked trial to which this Part applies is specified in the table following this sub-paragraph, as appropriate to the offence with which the assisted person is charged and the number of pages of prosecution evidence served on the court.

Fixed fees for cracked trials (£)

(3) The fee payable to a litigator in relation to a trial to which this Part applies is specified in the table following this sub-paragraph, as appropriate to the offence with which the assisted person is charged and the number of pages of prosecution evidence served on the court.

Fixed fees for trials (£)

Section 5 Pages of Prosecution Evidence

For the purpose of this Part, the PPE Cut-off figures for a trial are specified in the table following this paragraph, as appropriate to the offence with which the assisted person is tried and the length of trial.

PPE Cut-off figures for trials

Section 25 Assisted person unfit to plead or stand trial

(1) 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”)—

(a) if a trial on indictment is held, or continues, at any time thereafter, the length of the fitness hearing is (where relevant) included in determining the length of the trial for the calculation of the fee;

(b) if a trial on indictment is not held, or does not continue, by reason of the assisted person being found unfit to plead or to stand trial, the litigator must be paid—

(i) in a case in which the number of pages of prosecution evidence served on the court is less than or equal to 500 whichever of the following fees the litigator elects—

(aa) a fee determined in accordance with paragraph 3AA for representing an assisted person in a trial, as appropriate to the Class of Offence elected by the litigator under paragraph 3(1)(f) and the number of pages of prosecution evidence served on the court, or

(bb) a fee determined in accordance with paragraph 3AA for representing an assisted person in a cracked trial, as appropriate to the Class of Offence elected by the litigator under paragraph 3(1)(f) and the number of pages of prosecution evidence served on the court;

(ii) in a case in which the number of pages of prosecution evidence served on the court exceeds 500 whichever of the following fees the litigator elects—

(aa) a fee calculated in accordance with paragraph 7 or, where appropriate, paragraph 9 for representing an assisted person in a trial, as appropriate to the combined length of the relevant hearings, the Class of Offence elected by the litigator under paragraph 3(1)(f) and the number of pages of prosecution evidence served on the court, or

(bb) a fee calculated in accordance with paragraph 8 for representing an assisted person in a cracked trial, as appropriate to the Class of Offence elected by the litigator under paragraph 3(1)(f) and the number of pages of prosecution evidence served on the court,

and

(c) if at any time the assisted person pleads guilty to the indictable offence, the litigator must be paid—

(i) in a case in which the number of pages of prosecution evidence served on the court is less than or equal to 500 whichever of the following fees the litigator elects—

(aa) a fee determined in accordance with paragraph 3AA for representing an assisted person in a trial, as appropriate to the Class of Offence elected by the litigator under paragraph 3(1)(f) and the number of pages of prosecution evidence served on the court, or

(bb) a fee determined in accordance with paragraph 3AA for representing an assisted person in a guilty plea, as appropriate to the Class of Offence elected by the litigator under paragraph 3(1)(f) and the number of pages of prosecution evidence served on the court;

(ii) in a case in which the number of pages of prosecution evidence served on the court exceeds 500 whichever of the following fees the litigator elects—

(aa) a fee calculated in accordance with paragraph 7 or, where appropriate, paragraph 9 for representing an assisted person in a trial, as appropriate to the length of the fitness hearing, the Class of Offence elected by the litigator under paragraph 3(1)(f) and the number of pages of prosecution evidence served on the court, or

(bb) a fee calculated in accordance with paragraph 8 for representing an assisted person in a guilty plea, as appropriate to the Class of Offence elected by the litigator under paragraph 3(1)(f) and the number of pages of prosecution evidence served on the court.

(2) In sub-paragraph (1)(b)(ii)(aa), “relevant hearings” means—

(a) the fitness hearing, and

(b) any hearing under section 4A of the Criminal Procedure (Insanity) Act 1964 (finding that the accused did the act or made the omission charged against him).