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NTT HOME PAGE GENERAL CLAIM GUIDANCE Graduated Fees guidance Advocates Graduated Fees for Confiscation Hearings Litigator's EPF Costs for Confiscation Hearings Costs from Central Funds (DCOs and Prosecution Costs) Costs between parties in the Crown Court Out of Time Claims Seeking a Redetermination of Costs Making an Appeal to the Costs Judge Birmingham Region Manchester Region CUSTOMER SERVICE

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Advocates Graduated Fees Scheme


Graduated fee claim forms 5144D 5144E and 5144F can now be downloaded from the Formfinder page.

Scheme 5 (from 27th April 2010)

Scheme 4 (from 30th April 2007)

Scheme 3 (3rd October 2005 - 29th April 2007)

Scheme 2 (2nd August 2004 - 2nd October 2005)

Scheme 1 (29th October 2001 - 1st August 2004)

Scheme 0 (1st January 1997 - 28th October 2001)

Advocates Graduated Fees Scheme Guidance

Recent Advocates Graduated fee decisions

 

Scheme 5 (27th April 2010)

Governed by the  Criminal Defence Service (Funding) (Amendment No. 2) Order 2010 and 

The Criminal Defence Service (Funding) (Amendment No. 3) Order 2010

Guidance to Advocates -  Graduated Fees reduction of 4.5% (Word 102 Kb)

 

Scheme 4 (30th April 2007)

Governed by the Criminal Defence Service (Funding) Order 2007

Detailed summary of changes to the graduated fees scheme (PDF 137 Kb)

Graduated Fees Scheme Guidance - November 2008 (Word 702 Kb)

NTT official guidance to Crown Court staff on the Advocates Graduated Fees Scheme subsequent to the 2007 Funding Order ammendment and consolidation. When processing AGFS Scheme 4 claims, use this version of the Guidance, updated in November 2008. Discard earlier versions of the guidance, but keep and continue to use Costs Judges' decisions attached to those earlier versions.

When viewing the updated guidance on screen, you will see the November 2008 changes in green:

For further information, and full copies of any advocates graduated fee Costs Judge decisions in the Guidance, please contact David Swift  National Taxing Team Manchester Region 3rd Floor Salford County Court Prince William House Salford M5 4RR,  DX 702633 Salford 5, Tel: 0161 745 4260 Fax: 0161 745 4268   

Graduated Fee Payment Protocol 2007

The Bar Council protocol on the fee-sharing aspects of the Graduated Fee Scheme as ammended by the 2007 Funding Order

Criminal Bar Association Guidance Notes on the revised Graduated Fee Scheme 2007

Comprehensive guidance notes on scheme 4 produced by the Criminal Bar Association

List of Offences (Word 106.496Kb)

An alphabetical list of offences covered by the Graduated Fee scheme taken from the Criminal Defence Service (Funding) Order 2007

Appeals, Committals for Sentence, Breach Proceedings (Word 25.3Kb)

Queries have been raised about the identity of the 'instructed advocate' in appeals, committals for sentence and breach proceedings. The Bar Council, Law Society and Solicitors' Association of Higher Courts Advocates have agreed that although the Criminal Defence Service (Funding) Order 2007 does not contain specific provisions relating to the identity of the instructed advocate in appeals, committals for sentence and breaches, the instructed advocate should be deemed to be the person that attends the main hearing, with any other advocate being treated as a substitute advocate.

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Scheme 3 (3rd October 2005 to 29th April 2007)

Governed by the Criminal Defence Service (Funding)(Ammendment) Order 2005

Graduated Fees Scheme Guidance - October 2005  (Word 506.368Kb)

Guidance effective on or after 3rd October 2005 to 29th April 2007 to assist Court staff and advocates when claiming and paying fees under the Graduated Fees Scheme

Guidance on Cracked Trials and Guilty Pleas October 2005 (Word 153.6Kb)

Guidance effective on or after 3rd October 2005 to 29 th April 2007. This guidance describes the new payment scheme for all cracked trials and guilty plea cases

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Scheme 2 (2nd August 2004 to 2nd October 2005)

Governed by the Criminal Defence Service (Funding)(Ammendment) Order 2004

Graduated Fees Scheme Guidance - October 2004 (Word 568.832Kb)

Guidance effective on or after 2nd August 2004 to 2nd October 2005 to assist Court staff and advocates when claiming and paying fees under the Graduated Fees Scheme

Graduated Fees Scheme Guidance - Index (Word 31.744Kb)

This is the index for the graduated Fees Scheme Guidance dated October 2004 which became effective on or after 2nd August 2004

October 2004 Amendments to the Graduated Fee Guidance Manual (Word 31.232Kb)

This details the October 2004 ammendments to the Graduated Fee Guidance

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Scheme 1 (29th October 2001 to 1st August 2004)

Governed by the Criminal Defence Service (Funding)(Ammendment no.3) Order 2001

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Scheme 0 (1st January 1997 to 29th October 2001)

Governed by the Legal Aid in Criminal and Care Proceedings (Costs)(Ammendment)(No.2) Regulations 1996



Recent Graduated Fee Decisions


(X41) R v Depres [2005] 4 CostsLR 750 (Word 0.00Kb)

This case is only applicable to pre 30 April 2007 Representation Orders.



(X42) R v Rigelsford [2006] 3 CostsLR 518 (Word 0.00Kb)

Where the prosecution relies on a sample of the evidence available, payment can only be made for that which is formally admitted.



(X43) R v Gill [2006] 5 CostsLR 837 (Word 0.00Kb)

This case is only applicable to pre 30 April 2007 Representation Orders.



(X44) R v Brinkworth [2006] 3 CostsLR 512 (Word 0.00Kb)

When an ASBO (contested or not) is made at the time of sentencing, it still attracts the fixed fee for the sentence hearing.



(X45) R v Beckford (Word 0.00Kb)

Defence advocates cannot be paid leading junior rate simply because the prosecution instructed a leading junior.



(X46) Secretary of State for Constitutional Affairs v Stork [2006] 1 CostsLR 69 (Word 0.00Kb)

Length of trial uplift only applies to actual length of trial of defendant represented and is unaffected by length of trial of co-defendants.



(X47) Meeke & Taylor v Secretary of State for Constitutional Affairs [2006] 1 CostsLR 1 (Word 0.00Kb)

Special preparation cannot be claimed to make up a perceived shortfall in graduated fees due to a trial going short.



(X48) R v Salomka (PDF 0.00Kb)

Travel should also be allowed where special preparation is allowed for inspection of documents.



(X49) R v Mathews & oths (PDF 0.00Kb)

Evidence relating to confiscation should not be included in page count unless formally admitted as additional evidence.



(X50) Lord Chancellor v Haggan (Word 0.00Kb)

Relates to use of formula where case extends beyond 40 days.



(X51) Goodman & Farr v Secretary of State for Constitutional Affairs (Word 0.00Kb)

Unless evidence is specifically included in prosecution bundle, it should not be included in the page count.



(X52) R v Coutts (Graham) [2007] 6 CostsLR 878 ( 357.66Kb)

Prosecution evidence served on CD ROM does not constitute "pages of evidence".



(X53) Lord Chancellor V Freize [2007] 5 CostsLR 684

Defendant pleads to alternative count on day before PCMH. Paid as a guilty plea and not a cracked trial.



(X54) R v Mira ( 99.09Kb)

Counsel can only claim for offences with which their defendant is charged on the indictment.




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This page was last updated on 19 August 2010 12:19. National Taxing Team.
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