The Criminal Defence Service (Funding) Order 2007

Contents

857 provisions, too many to show on one page. Open a part or section to read it with its history and connections, or search inside the text.

1. 1 · Citation and commencement
2. 2 · Interpretation
3. 3 · Scope
   1. (1) Article 10 of this Order applies to proceedings in magistrates’ courts only.
   2. (2) Article 12 of this Order applies to proceedings in magistrates’ courts and to proceedings in the Crown Court.
   3. (3) Articles 5, 6, 14 to 24, and 29 to 31 of, and Schedules 1 and 2 to, this Order apply to proceedings in the Crown Court only.
   4. (4) Articles 4, 7, 11, 13, 25 to 28 and 32 of, and Schedule 3 to, this Order apply to proceedings in the Crown Court and to proceedings in the Court of Appeal.
   5. (5) Article 8 of, and Schedule 4 to, this Order apply to proceedings in the Court of Appeal only.
   6. (6) Article 9 of this Order applies to proceedings in the House of Lords only.
   7. (7) For the purpose of this Order any reference to the Court of Appeal includes a reference to—
4. 4 · Funding of Services
   1. (1) Where a representation order is granted on or after 30th April 2007 for proceedings in the Crown Court or Court of Appeal—
   2. (2) Where a representation order is granted on or after 1st April 2003, but before 30th April 2007 for proceedings in the Crown Court or the Court of Appeal—
   3. (3) Where a representation order is granted before 1st April 2003 for— the duty of the Commission under section 14(1) of the Act has effect as a duty of the Lor
   4. (4) Where a representation order is granted before 1st April 2003 for— the Commission must fund representation in accordance with its duty under section 14(1) o
5. 5 · Claims for fees by advocates – Crown Court
   1. (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 1 to t
   2. (2) A claim for fees under this article and Schedule 1 must be made by each instructed advocate.
   3. (3) Subject to article 32, a claim by an instructed advocate for fees in respect of work done under a representation order must not be entertained unless he sub
   4. (4) An instructed advocate must submit a claim for fees to the appropriate officer in such form and manner as he may direct.
   5. (5) An instructed advocate must supply such further information and documents as the appropriate officer may require.
   6. (6) Where a confiscation hearing under Part 2 of the Proceeds of Crime Act 2002 (Confiscation: England and Wales), section 2 of the Drug Trafficking Act 1994 (c
   7. (7) Where a representation order provides for representation by— that QC must be treated for all the purposes of this Order as having been instructed under that
   8. (8) This article does not apply to a Very High Cost Case which is the subject of an individual contract for the provision of funded services.
6. 6 · Claims for fees and disbursements by litigators – Crown Court
   1. (1) Claims for fees by litigators in proceedings in the Crown Court must be made and determined in accordance with the provisions of Schedule 2 to this Order.
   2. (2) Claims for disbursements by litigators in proceedings in the Crown Court must be made and determined in accordance with the provisions of articles 14 to 16.
   3. (3) Subject to article 32, a claim by a litigator for fees in respect of work done under a representation order must not be entertained unless he submits it wit
   4. (4) Subject to paragraph (5), a claim for fees in proceedings in the Crown Court must be submitted to the appropriate officer in such form and manner as he may
   5. (5) A claim must—
   6. (6) Where the litigator claims that paragraph 6(1) of Schedule 2 applies in relation to an item of work, he must give full particulars in support of his claim.
   7. (7) The litigator must specify any special circumstances which the litigator considers should be drawn to the attention of the appropriate officer.
   8. (8) The litigator must supply such further information and documents as the appropriate officer may require.
   9. (9) This article does not apply to a Very High Cost Case which is the subject of an individual contract for the provision of funded services.
7. 7 · Very High Cost Cases
   1. (a) the provisions of Schedule 3 to this Order apply; and
   2. (b) fees for that case must be paid—
8. 8 · Proceedings in the Court of Appeal
9. 9 · Proceedings in the House of Lords
   1. (1) In proceedings in the House of Lords, the fees payable to a representative under sections 13 or 14 of the Act must be determined by such officer as may be p
   2. (2) Subject to paragraph (1), this Order does not apply to proceedings in the House of Lords.
10. 10 · The General Criminal Contract
    1. (1) Where the Commission funds services as part of the Criminal Defence Service under section 13(2)(a) or 14(2)(a) of the Act, remuneration must be at rates no
    2. (2) Paragraph (1) does not apply to a Very High Cost Case which is the subject of an individual contract for the provision of funded services.
11. 11 · Payments from other sources
    1. (a) by the Lord Chancellor or the Commission; or
    2. (b) in respect of any expenses or fees incurred in— where an application under CDS Regulations for an authority to incur such fees or expenses has been refused
12. 12 · Indictable-only offences
    1. (1) Where a case is sent for trial to the Crown Court under section 51 of the Crime and Disorder Act 1998 (No committal proceedings for indictable-only offences
    2. (2) Paragraph (1) does not apply where the case is remitted to a magistrates’ court.
13. 13 · Proceedings for contempt
    1. (1) Where representation is provided in proceedings referred to in section 12(2)(f) of the Act (proceedings for contempt in the face of a court), the Commission
    2. (2) The provisions of Schedules 1, 2, 3 and 4 do not apply to proceedings referred to in section 12(2)(f) of the Act.
    3. (3) Subject to paragraphs (4) to (11), remuneration for advocates in proceedings referred to in section 12(2)(f) of the Act must be at the rates specified in th
    4. (4) Where an advocate and a litigator are instructed in proceedings referred to in section 12(2)(f) of the Act, remuneration must be at the rates specified in t
    5. (5) A litigator, or, in the Court of Appeal, an advocate, may, where he claims remuneration for work done in respect of proceedings referred to in section 12(2)
    6. (6) If the appropriate officer considers that there are such exceptional circumstances, he may allow the litigator, or, in the Court of Appeal, the advocate, su
    7. (7) If the appropriate officer considers that there are no such exceptional circumstances, the standard fee must apply.
    8. (8) The fee payable to a litigator under this article must not exceed the rates set out in Schedule 2 as appropriate to the type of work, the court in which the
    9. (9) In the application of paragraph (8), the rates appropriate to the Crown Court shall apply to proceedings in all courts other than a magistrates’ court.
    10. (10) The fee payable to an advocate in the Court of Appeal under this article must not exceed the maximum basic fee for a junior counsel set out in the Table fo
    11. (11) The provisions of articles 5, 6, 19, 23, 24, 29, 30 and 31 apply with the necessary modifications to the remuneration payable to a representative under thi
14. 14 · Interim payment of disbursements
    1. (1) A litigator may submit a claim to the appropriate officer for payment of a disbursement for which he has incurred liability in proceedings in the Crown Cour
    2. (2) A claim for payment under paragraph (1) may be made where—
    3. (3) Without prejudice to articles 16(4) and 16(5) a claim for payment under paragraph (1) must not exceed the maximum amount authorised under the prior authorit
    4. (4) A claim for payment under paragraph (1) may be made at any time before the litigator submits a claim for fees under article 6.
    5. (5) A claim for payment under paragraph (1) must be submitted to the appropriate officer in such form and manner as he may direct and must be accompanied by the
    6. (6) The appropriate officer must allow the disbursement subject to the limit in paragraph (3) if it appears to have been reasonably incurred in accordance with
    7. (7) Where the appropriate officer allows the disbursement, he must notify the litigator and, where the disbursement includes the fees or charges of any person,
    8. (8) Articles 29 to 31 do not apply to a payment under this article.
15. 15 · Interim disbursements and final determination of fees
    1. (1) On a final determination of fees, articles 6(2) and 16 apply notwithstanding that a payment has been made under article 14.
    2. (2) Where the amount found to be due under article 16 in respect of a disbursement is less than the amount paid under article 14 (“the interim payment”), the ap
16. 16 · Determination of litigators’ disbursements
    1. (1) Subject to paragraphs (2) to (5), the appropriate officer must allow such disbursements claimed under article 6(2) as appear to him to have been reasonably
    2. (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 litigator’s pla
    3. (3) No question as to the propriety of any step or act in relation to which prior authority has been obtained under CDS Regulations may be raised on any determi
    4. (4) Where disbursements are reasonably incurred in accordance with and subject to the limit imposed by a prior authority given under CDS Regulations, no questio
    5. (5) Where disbursements are incurred in taking any steps or doing any act for which authority may be given under CDS Regulations, without such authority having
17. 17 · Interim payments in cases awaiting determination of fees
    1. (1) The appropriate officer must make an interim payment in respect of a claim for fees in proceedings in the Crown Court in accordance with this article.
    2. (2) Entitlement to a payment arises in respect of a claim for fees—
    3. (3) For the purposes of this article, the following claims for fees are related to each other —
    4. (4) Entitlement to a payment under paragraph (1) does not arise until three months have elapsed from the earlier of—
    5. (5) A litigator or an instructed advocate may submit a claim for an interim payment under this article where—
    6. (6) Subject to article 32, payment must not be made under this article unless the representative has submitted a claim for fees in accordance with article 5(3)
18. 18 · Amount of interim payments in cases awaiting determination of fees
    1. (1) Where entitlement to an interim payment arises under article 17, the amount payable is 40 per cent of the total claim for fees, less any sum already paid.
    2. (2) Articles 29 to 31 do not apply to an interim payment under this article.
19. 19 · Staged payments in long Crown Court proceedings
    1. (1) A litigator or an instructed advocate may submit a claim to the appropriate officer for a staged payment of his fees in relation to proceedings in the Crown
    2. (2) Where a claim is submitted in accordance with this article, a staged payment must be allowed where the appropriate officer is satisfied—
    3. (3) In this article “preparation” means— and is limited to preparation done before the trial, except in proceedings in which a preparatory hearing has been orde
    4. (4) The amount allowed for preparation falling within paragraph (3)(a) must be computed by reference to the number of hours of preparation which it appears to t
    5. (5) The amount allowed for preparation falling within paragraph (3)(b) must be computed by reference to the number of hours of preparation which it appears to t
    6. (6) A claim for staged payment of fees under this article must be made to the appropriate officer in such form and manner as he may direct, including such case
    7. (7) A litigator or instructed advocate may claim further staged payments in accordance with this article in respect of further periods of preparation exceeding
    8. (8) Articles 29 to 31 do not apply to a payment under this article.
20. 20 · Interim payments for attendance at trial
    1. (1) A litigator may make a claim to the appropriate officer for an interim payment in respect of attendance at court where a Crown Court trial lasts for a quali
    2. (2) Where a claim is made in accordance with this article, an interim payment must, without prejudice to the final determination of the fees payable, be allowed
    3. (3) For the purposes of this article, the qualifying period is 20 days, and a day shall qualify as part of the relevant qualifying period, whether or not the da
    4. (4) The amount payable in respect of each day which qualifies as part of the qualifying period is—
    5. (5) A claim for an interim payment may be made in respect of a qualifying period and must be submitted in such form and manner as the appropriate officer may di
    6. (6) Further interim payments under this article may be claimed if the trial lasts for further qualifying periods.
    7. (7) A litigator who has obtained prior approval under CDS Regulations for the incurring of travelling or accommodation expenses may, at the same time as he subm
    8. (8) A claim under paragraph (7) must be submitted in such form and manner as the appropriate officer may direct, and must be supported by such evidence of the e
    9. (9) Articles 29 to 31 do not apply to a payment under this paragraph.
21. 21 · Hardship payments
    1. (1) Subject to paragraphs (4) and (5), the appropriate officer may allow a hardship payment to a representative in the circumstances set out in paragraph (2).
    2. (2) Those circumstances are that the representative—
    3. (3) Every application for a hardship payment must be accompanied by such information and documents as the appropriate officer may require as evidence of—
    4. (4) The amount of any hardship payment is at the discretion of the appropriate officer, but must not exceed such sum as would be reasonable remuneration for the
    5. (5) A hardship payment must not be made if it appears to the appropriate officer that the sum which would be reasonable remuneration for the representative, or
    6. (6) Where the appropriate officer allows a hardship payment under paragraph (1), he must authorise payment accordingly.
    7. (7) Where the application for a hardship payment is made by an advocate other than an instructed advocate, and the appropriate officer allows a hardship payment
22. 22 · Computation of final claim where an interim payment has been made
    1. (1) At the conclusion of a case in which one or more payments have been made to an instructed advocate or a litigator under articles 17 to 21, he must submit a
    2. (2) In the determination of the amount payable to an instructed advocate or litigator under article 5 or 6—
23. 23 · Payment of fees to advocates – Crown Court
    1. (1) Having determined the fees payable to each instructed advocate, in accordance with Schedule 1, the appropriate officer must notify each instructed advocate
    2. (2) Where, as a result of any redetermination or appeal made or brought pursuant to articles 29 to 31—
    3. (3) Where the payment of any fees of an instructed advocate is ordered under article 30(12) or article 31(8), the appropriate officer must authorise payment.
    4. (4) This article does not apply to a Very High Cost Case which is the subject of an individual contract for the provision of funded services.
24. 24 · Payment of fees to litigators – Crown Court
    1. (1) Having determined the fees payable to a litigator in accordance with Schedule 2, the appropriate officer must authorise payment accordingly.
    2. (2) Where, as a result of any redetermination or appeal made or brought pursuant to articles 29 to 31—
    3. (3) Where the payment of any fees of the litigator is ordered under article 30(12) or paragraph 14(5) of Schedule 2 or article 31(8), the appropriate officer mu
    4. (4) This article does not apply to a Very High Cost Case which is the subject of an individual contract for the provision of funded services.
25. 25 · Notification of fees
26. 26 · Recovery of overpayments
    1. (1) This article applies where a representative is entitled to be paid a certain sum (“the amount due”) by virtue of the provisions of Schedules 1, 2 or 4 and,
    2. (2) Where this article applies, the appropriate officer may—
    3. (3) The appropriate officer may proceed under paragraph (2)(b) without first proceeding under paragraph (2)(a).
    4. (4) Paragraph (2) applies notwithstanding that the representative to whom the excess amount was paid is exercising, or may exercise, a right under articles 29 t
27. 27 · Adverse observations
    1. (1) Where in any proceedings to which Schedule 1, 2, 3 or 4 applies, the court makes adverse observations concerning a representative’s conduct of the proceedin
    2. (2) Before reducing the fee payable to a representative in accordance with the provisions of paragraph (1), the appropriate officer must give the representative
28. 28 · Wasted costs orders
    1. (1) Subject to paragraph (2), where the court has disallowed the whole or any part of any wasted costs under section 19A of the Prosecution of Offences Act 1985
    2. (2) Where the appropriate officer, in accordance with this article, is minded to disallow any amount of a claim for work done to which the wasted costs order re
29. 29 · Redetermination of fees by appropriate officer
    1. (1) Where— the advocate, instructed advocate or litigator, as the case may be, may apply to the appropriate officer to redetermine those fees, to review that de
    2. (2) An application under paragraph (1) may not challenge the quantum of—
    3. (3) Subject to article 32, an application under paragraph (1), or paragraph 15(1) of Schedule 4, must be made—
    4. (4) The notice of application must be accompanied by the information and documents supplied under article 5, article 6 or Schedule 4, as appropriate.
    5. (5) The notice of application must state whether the applicant wishes to appear or to be represented and, if the applicant so wishes, the appropriate officer mu
    6. (6) The applicant must supply such further information and documents as the appropriate officer may require.
    7. (7) The appropriate officer must, in the light of the objections made by the applicant or on his behalf— as the case may be, and must notify the applicant of hi
    8. (8) Where the applicant so requests, the appropriate officer must give reasons in writing for his decision.
    9. (9) Subject to article 32, any request under paragraph (8) must be made within 21 days of receiving notification of the appropriate officer’s decision under par
30. 30 · Appeals to a Costs Judge
    1. (1) Where the appropriate officer has given his reasons for his decision under article 29(8), a representative who is dissatisfied with that decision may appeal
    2. (2) Subject to article 32, an appeal under paragraph (1) or paragraph 15(2) of Schedule 4 must be instituted within 21 days of the receipt of the appropriate of
    3. (3) The appellant must send a copy of any notice of appeal given under paragraph (2) to the appropriate officer.
    4. (4) The notice of appeal must be accompanied by—
    5. (5) The notice of appeal must—
    6. (6) The Senior Costs Judge 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 t
    7. (7) With a view to ensuring that the public interest is taken into account, the Lord Chancellor may arrange for written or oral representations to be made on hi
    8. (8) Any written representations made on behalf of the Lord Chancellor under paragraph (7) must be sent to the Senior Costs Judge and the appellant and, in the c
    9. (9) The appellant must be permitted a reasonable opportunity to make representations in reply.
    10. (10) The Costs Judge must inform the appellant (or the person representing him) and the Lord Chancellor, where representations have been or are to be made on hi
    11. (11) The Costs Judge may consult the trial judge or the appropriate officer and may require the appellant to provide any further information which he requires f
    12. (12) The Costs Judge has the same powers as the appropriate officer under this Order and, in the exercise of such powers, may alter the redetermination of the a
    13. (13) The Costs Judge must communicate his decision and the reasons for it in writing to the appellant, the Lord Chancellor and the appropriate officer.
    14. (14) Where he increases the sums redetermined under article 29, the Costs Judge may allow the appellant a sum in respect of part or all of any reasonable costs
    15. (15) In proceedings in which standard fees are payable to litigators in accordance with Part 2 of Schedule 2, the provisions of paragraph 14 of Schedule 2 apply
31. 31 · Appeals to the High Court
    1. (1) A representative who is dissatisfied with the decision of a Costs Judge on an appeal under article 30 may apply to a Costs Judge to certify a point of princ
    2. (2) Subject to article 32, an application under paragraph (1) or paragraph 15(3) of Schedule 4 must be made within 21 days of receiving notification of a Costs
    3. (3) Where a Costs Judge certifies a point of principle of general importance the appellant may appeal to the High Court against the decision of a Costs Judge on
    4. (4) Subject to article 32, an appeal under paragraph (3) must be instituted within 21 days of receiving notification of a Costs Judge’s certificate under paragr
    5. (5) Where the Lord Chancellor is dissatisfied with the decision of a Costs Judge on an appeal under article 30, he may, if no appeal has been made by an appella
    6. (6) Subject to article 32, an appeal under paragraph (5) must be instituted within 21 days of receiving notification of the Costs Judge’s decision under article
    7. (7) An appeal under paragraph (3) or (5) must—
    8. (8) The judge has the same powers as the appropriate officer and a Costs Judge under this Order and may reverse, affirm or amend the decision appealed against o
32. 32 · Time limits
    1. (1) Subject to paragraph (2), the time limit within which any act is required or authorised to be done under this Order may, for good reason, be extended—
    2. (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 appropriate office
    3. (3) A representative may appeal to a Costs Judge against a decision made under this article by an appropriate officer and such an appeal must be instituted with
33. 33 · Revocation
34. Schedule 1 · Advocates’ Graduated Fee Scheme
    1. Part 1 Definitions and Scope
    2. Part 2 Graduated Fees for Trial
    3. Part 3 Graduated Fees for Guilty Pleas and Cracked Trials
    4. Part 4 Fixed fees
    5. Part 5 Miscellaneous
    6. Part 6 Table of Offences
35. Schedule 2 · Litigators’ Fees in the Crown Court
    1. Part 1 Application and Determination of Litigators’ Fees
    2. Part 2 Standard Fees in the Crown Court
36. Schedule 3 · Very High Cost Cases
    1. (1) Application
    2. (2) Interpretation
    3. (3) Categories of case
    4. (4) Levels of fee earner
    5. (5) Rates for preparation
    6. (6) Rates for non-preparatory work by litigators
    7. (7) Daily rates for advocates
    8. (8) Rates for preliminary hearings
37. Schedule 4 · Proceedings in the Court of Appeal
    1. (1) General Provisions
    2. (2) Claims for fees and disbursements by litigators
    3. (3) Determination of litigators’ fees
    4. (4) Determination of litigators’ disbursements
    5. (5) Claims for fees by advocates
    6. (6) Determination of advocate’s fees
    7. (7) Litigators’ fees for proceedings in the Court of Appeal
    8. (8) Litigators’ fees for proceedings in the Court of Appeal
    9. (9) Litigators’ fees for proceedings in the Court of Appeal
    10. (10) Advocates’ fees for proceedings in the Court of Appeal
    11. (11) Advocates’ fees for proceedings in the Court of Appeal
    12. (12) Advocates’ fees for proceedings in the Court of Appeal
    13. (13) Advocates’ fees for proceedings in the Court of Appeal
    14. (14) Payment of fees
    15. (15) Redeterminations and appeals