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
Governed by the Criminal Defence Service (Funding) (Amendment No. 2) Order 2010 and
The Criminal Defence Service (Funding) (Amendment No. 3) Order 2010
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With effect from 27 April 2010 all Advocates Graduated Fees (AGFS) are reduced by 4.5%.
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There will be further reductions in April 2011 and April 2012.
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The new rates apply to cases with a representation order dated on or after 27 April 2010 (but before 1 April 2011).
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Cases with a representation order dated 26 April 2010 or earlier are unaffected, no matter when the case concludes, and will be processed by HMCS as normal.
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Disbursements such as travel and accommodation, where allowed, are not ‘fees’ and are therefore unaffected by the reduction.
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Fees under this scheme will be paid by the NTT until the LSC assumes authority for all graduated fees
Guidance to Advocates - Graduated Fees reduction of 4.5% (Word 102 Kb)
Governed by the Criminal Defence Service (Funding) Order 2007
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One advocate will take responsibility for the conduct of a defence case. This person is called the ‘Instructed Advocate’. Where the representation order allows for more than one, eg Leading and Junior, there will be an Instructed Advocate at each level to take responsibility for the different roles.
- The Instructed Advocate will claim for the whole case and will pay substitutes. Except for special and wasted preparation, the Instructed Advocate will be responsible for requesting redeterminations or written reasons.
- Changes are being made to the fee structure, including the introduction of two new offence codes: J (most serious sexual crime) and K (£100k+ fraud).
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:
- Advanced Payments
- Contempt Proceedings
- Electronic Evidence
- Instructed Advocate (Appeals, Committals for Sentence and Breach Proceedings)
- Counts in different classes (Costs Judge's decision in R-v-Mira)
- Retrials
- Special Preparation (determination by the National Taxing Team)
- Standard Appearance definition
- VAT
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.
Scheme 3 (3rd October 2005 to 29th April 2007)
Governed by the Criminal Defence Service (Funding)(Ammendment) Order 2005
- brought all remaining guilty pleas within the scheme
- made cuts to advocates’ rates of remuneration that the Secretary of State considered necessary
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
Scheme 2 (2nd August 2004 to 2nd October 2005)
Governed by the Criminal Defence Service (Funding)(Ammendment) Order 2004
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Introduced revised rates for 11-25 day trials
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Increased scope of scheme to include 26-40 day trials and trials over 40 days which were estimated to be 40 days and under and which were not taken under contract by the LSC Complex Crime Unit
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
Scheme 1 (29th October 2001 to 1st August 2004)
Governed by the Criminal Defence Service (Funding)(Ammendment no.3) Order 2001
- Expanded scope of trials to include 11-25 day trials
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
- First introduced the graduated fees scheme for trials of 1-10 days
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.