Graduated Fee Scheme B - Frequently Asked Questions
Introduction
This document contains a collection of topics and questions raised by Area staff and Bar clerks in relation to the Crown Prosecution Service Graduated Fee Scheme (GFS). It does not replace the GFS Manual of Guidance but supplements it.
This document has been copied to the Bar Council Remuneration Committee and can be shared with the Bar locally.
Determining the fee scheme
GFS is used to pay counsel fees for Crown Court cases where the trial estimate recorded by the Court is 40 days or under. It is also used in Committals for Sentence and in Appeals against Conviction or Sentence.
Attached to this document is a colour chart which will assist you in identifying which fee scheme is applicable to any given case.
Retrials ordered by the Court of Appeal
Where the Court of Appeal orders a retrial, it is the ORIGINAL committal / send date which determines the fee scheme, not the date the indictment is re-lodged with the Crown Court for the retrial.
Operation type cases
Where you have a series of trials arising from a common base, often given a police operation title, each committal or sending should be treated individually with the trial estimate recorded by the Court determining the appropriate fee scheme.
Cases which may fall out of GFS
Cases on indictment
In cases on indictment that fall within GFS, counsel cannot ask for the case to be taken out of the scheme and for the fees to be assessed on an ex post facto basis just because s/he believes that GFS would not provide fair and reasonable remuneration. This also applies to POCA hearings under Scheme B.
Appeals against Conviction and/or Sentence and Committals for Sentence
In exceptional circumstances, if counsel feels that the graduated fixed fee does not provide fair and reasonable remuneration in a Committal for Sentence, or an Appeal against Conviction and/or Sentence, s/he can apply in writing for the case to be taken out of GFS and for the fees to be assessed on an ex post facto basis. Any such application must be supported by detailed work records. If an ex post facto assessment is carried out in these circumstances, the Very High Cost Case (VHCC) preparation rates should be applied to any reasonable hours of preparation and the daily VHCC advocacy rate should be allowed for attending court. Any such payments should be exceptional and payment should be made on a NoFF (using expenditure code G - 8084 - Crown Court other fees).
NB - this is a change to previous instructions.
Newton Hearings on a Committal for Sentence
If a case committed for sentence to the Crown Court results in an effective Newton hearing the case falls outside the Graduated Fee Scheme. Counsel should produce detailed work records and a fee note and a fee should be determined applying the VHCC rates (see Appeals against Conviction and/or Sentence and Committals for Sentence above). Any payment should be made on a NoFF.
NB - this is a change to previous instructions.
National Taxing Team (NTT)
Under no circumstances should any case which falls to be paid under
- GFS scheme B (or any part of a claim e.g. special preparation);
- the Very High Cost Case scheme, or
- the High Cost Case scheme
be sent to the NTT for assessment.
The only cases which should be referred to the NTT are those GFS scheme A cases which fall out of the scheme because in a cracked trial there are more than 250 pages or 80 witnesses, or in a guilty plea there are over 400 pages or 80 witnesses and agreement cannot be reached with chambers following negotiation. However, it is unlikely that any scheme A cases (cases committed, sent or transferred before 3rd October 2005) now remain in the system.
Completion of the FIST
Offence Class - definition of armed robbery
For the purpose of GFS, for a robbery to be treated as an armed robbery (offence group B) one of the following two examples must apply:
- A robbery where a defendant or co-defendant to the offence was armed with a firearm or imitation firearm, or the victim thought that they were so armed e.g. the defendant purported to be armed with a gun and the victim believed him to be so armed - although it subsequently turned out that he was not - should be classified as an armed robbery.
- A robbery where the defendant or co-defendant to the offence was in possession of an offensive weapon, namely a weapon that had been made or adapted for use for causing injury or incapacitating a person, or intended by the person having it with him for such use, should also be classified as an armed robbery. (Costs Judge case R v Stables (X12)).
Date of last hearing - deferred sentences
Where a sentence is deferred the fees should be paid to date on one FIST and the deferred sentence paid on a separate FIST. The final hearing date on the first FIST will be the date sentence was deferred (and the fixed fee code should be SHR). When sentence is finally passed, the final hearing date on the second FIST should be the date of sentence and the fixed fee code will be DSE.
Date of last hearing - retrials
When a trial is adjourned for a retrial, the fees should be paid to date. The last hearing date on that FIST will be the date the jury were discharged (not the last date of the whole proceedings). This principle continues for all subsequent retrials until the jury return a verdict or the case cracks, when the last hearing date will be the final hearing in the case. (See also 'CFIN - unique' below and 'Cracked Trials - start and end dates' below.)
Date of last hearing - bench warrant not executed within 3 months
When a bench warrant has been issued and has not been executed within 3 months, Counsel should be paid for all work done to date. The FIST(s) issued at that 3 month point should contain details of all work done and include the BWA fixed fee. The last hearing date on that FIST(s) should be a date 3 months after the bench warrant was issued. For example, if the bench warrant was issued on the 1.2.07, the last hearing date should be 1.5.07.
NB - this is a change to previous instructions.
Fixed fees
Where the advocate is being paid only for fixed fees on a FIST the main hearing date is the same date for which the graduated fee is being paid (i.e. date of plea, cracked trial or 1st day of trial).
Committal for Sentence
If a Committal for Sentence (CSE) is heard at the same time as a trial, cracked trial or plea (codes 6, 8 or 5), code CSE should not be entered in the fixed fee box as this would generate a full CSE fee in addition to the main hearing fee. In this scenario '2' should be inserted as the number of cases in the box at the top right hand side of the FIST.
Where a CFS is heard at the same time as another fixed fee e.g. a sentence on indictment, both fees should be entered (codes CSE and SHR) in the fixed fee box.
CFIN - unique
The CFIN number is unique to the case and the same number must be used for every FIST raised in a case, including re-trials. The only exception to this rule is where counsel has been paid for pre-committal Bail Applications and Preliminary Hearings immediately following those hearings. In these cases, the FISTs must have a different CFIN number to the rest of the case to allow payment.
The advocate elects the principal case
Where there is more than one case resulting in a main hearing heard on the same day/listed at the same time, counsel has the option to elect which case s/he wishes to adopt as the principal case. However, counsel cannot mix and match once s/he has elected. For example, s/he cannot choose the offence class for case 1 and the pages of evidence for case 2. This is why the caseworker enters all options on the FIST. The fees clerk deletes those not claimed once the GFC is received and before forwarding the documentation to the NFBC.
Defendant uplift where more than one case
Where there are two indictments, one with 2 defendants and one with 5 defendants, counsel elects the principal case and does not get defendant uplifts for the other case.
Evidence and witness uplifts (when to pay for pages and witnesses)
Pages of evidence
Only pages of evidence that are served as part of the committal/sending bundle or subsequently served under a formal written Notice of Additional Evidence can be counted as pages.
Pages are only counted once irrespective of the number of times they appear, e.g. pages in a jury bundle which must have been served as evidence in the case should not be counted again.
Any page of evidence is to be counted as one page regardless of the number of lines. No allowance should be made for either small of large typefaces.
Bad character and pages
Where bad character evidence is formally served, care must be taken to ensure that only relevant material is to be included with the notice; it is inappropriate to serve complete files to prove the circumstances of a previous conviction. Where bad character evidence is served with a NAE, the pages should be added to the page count.
Payment of defence served material/expert reports
Pages of material served upon the Crown by the defence, including witness statements and expert reports are not included in the page count.
Payment of electronic material
Evidence, for the purposes of calculating counsel fees under the GFS, can be measured in two forms - pages (statements, exhibits, photographs) or material held on video or audio tape. Increasingly, however, material is being produced in an electronic format and this raises an issue as to how it should be paid.
Guidance on this is contained in Counsel Fees Bulletin 1/2007. Essentially, where pages of statements and exhibits are scanned into a computer and produced electronically for convenient presentation they should be counted as pages for the purposes of remunerating counsel.
Where electronic media material is served e.g. images on a CD-ROM or computer hard drive, then counsel should be paid for reasonable time spent viewing the material by recording the hours in the 'other' box in the calculated fees section of the FIST. Any application by counsel for such a payment must be in writing and supported by work records.
Non exhibited transcripts of video evidence
The general rule is that documentation provided outside the committal bundle or without a written Notice of Additional Evidence should not be included in the page count, however it is standard practice to pay for transcripts of the video evidence of children and the pages of the transcript(s) should be included in any page count.
Transcripts generally
Where a judge orders that any transcript of evidence should be served on all parties, the pages of such transcripts should be included in the page count.
Retrials - transcripts from the 1st trial
However, at a retrial, where there are transcripts of the original evidence, this does not attract an additional page count.
Witnesses
Witnesses should only be counted once irrespective of the number of statements they have made.
Defence witnesses
No payment is made for defence witnesses.
Main hearings
Effective trial - definition of a trial
When the GFS was first introduced, a trial was deemed to be effective when the jury was sworn even if evidence was not called (Costs Judge case R v Rahman (X21)). Following the Costs Judge decision in R v Baker and Fowler (X21a) a trial is only deemed to be effective when the jury has been sworn AND evidence has been called or read. In an effective trial however, the main hearing date is still the date the jury was sworn.
Example 1 - case is listed for trial on day 1, the jury is sworn and released. The rest of day 1 is taken up with legal argument. On day 2 the judge rules in favour of the prosecution and the defendant enters a guilty plea. In this scenario there has been no effective trial as no evidence has been called in relation to the indictment. Counsel should therefore be paid a PAW for day 1 and a cracked trial fee (8) for day 2.
Example 2 - case is listed for trial on day 1, the jury is sworn at 3.30pm and all parties are released to start the trial the following day. Nothing else happens on day 1. On day 2 the jury return and the defendant changes his plea to guilty. In this scenario there has been no effective trial as no evidence has been called / read. Counsel should therefore be paid a trial stood out fee (FNR) for day 1 and a cracked trial fee (8) for day 2.
Listed for trial - split pleas
When two or more defendants are listed for trial and one defendant pleads guilty, and later the same day the jury is sworn and the trial proceeds against the remaining defendant(s), there are 2 types of main hearing on that day. Counsel must therefore elect between a cracked trial and an effective trial for all defendants.
However, if one defendant pleads guilty and the jury is sworn on the next or subsequent day, there are 2 separate main hearings on different days. Counsel should therefore be paid a cracked trial fee in respect of the 1st defendant (case type 8) and a trial fee (case type 6) on a separate FIST for the remaining defendant(s).
Defendants who plead guilty after the trial has started
Where a jury have been sworn and evidence called, a case cannot attract a cracked trial fee. In other words, if one or more defendants plead guilty after the trial has started, this is still classed as part of the trial and counsel should be paid a main hearing (6), for the total number of days the trial lasted with the total number of defendants that were part of the trial when the jury was sworn.
Cracked trials - start and end dates
When a case falls to be paid as a cracked trial, it is necessary to enter the start and end dates on the FIST.
The start date is the date the case was placed in a list for trial. This is usually at the PCMH. Some courts do not place a case in a list at the PCMH, but subsequently publish a list detailing the trial date of the case. In these circumstances the start date is the date the fixed / firm or warned list containing the case was published (marked at the bottom of the printed list).
The end date is always the first date that the case was fixed or warned for trial. The end date remains the same, even if the original trial date is adjourned or put back for any reason. From the examples below, you will see that, once they are set, the start date and end date are fixed, only the main hearing date changes.
Example 1 - Case listed for PCMH on 1 January. Defendant pleads NG, case placed in warned list of 1 February. Defendant changes plea to guilty on 15 January. The start date is 1 January, the end date is 1 February, and the main hearing date is 15 January.
Example 2 - Case listed for PCMH on 1 January. Defendant pleads NG, case placed in warned list of 1 February, and listed for trial 4 February when the defendant pleads guilty. The start date is 1 January, the end date is 1 February, and the main hearing date is 4 February.
Example 3 - As example 2 but the case is adjourned on 4 February and heard on 1 March, when the defendant pleads guilty. The start date is 1 January, the end date 1 February, and the main hearing date is 1 March.
Where a jury are discharged and the case is adjourned for a retrial, and that trial cracks, the start date for that cracked trial would be the date that it is stated in open court that the case would proceed to retrial (not the original start date) and the end date is the date of the fixture or warned list for the retrial. (See also 'Date of Last Hearing - retrials' above and 'CFIN - unique' above.)
Cracked trial - no evidence offered
In circumstances where the prosecution offer no evidence administratively and the acquittal is announced in court without either party being present, a cracked trial fee (8) should be paid to counsel who was originally instructed. NB - this is a change to the previous instruction which was to pay counsel who conducted the PCMH. This procedure can ONLY be used where the defendant has previously entered a not guilty plea to the indictment.
Retrials - 'hung' jury
When a jury is 'hung' at the end of a trial the code to be entered on the FIST for that main hearing should be code 6, trial fee.
It is important to establish the reason why the case is adjourned further. Accurate file endorsements are vital. If the case is adjourned for a retrial and the Crown subsequently offers no evidence, a cracked trial fee should be paid.
If the case is adjourned for a decision to be made as to whether the case is to be retried and the Crown subsequently offer no evidence, counsel should be paid only an OHA (Costs Judge case R v Mohammed (X27)).
Retrials - definition of one month
For the purposes of defining '1 month' we work on a calendar month.
Example 1 - where a jury is 'hung' on 1st June and the re-trial commences on 30th June this falls within the definition of 'within one month'. Where the re-trial commences on 1st July, this is not within one month.
Example 2 - where a jury is 'hung' on 15th June and the retrial commences on 14th July this falls within the definition of 'within one month'. Where the retrial commences on 15th July, this is not within one month.
Retrials - time spent on considering whether to have a re-trial
Time spent by the prosecution on considering whether or not to have a re-trial is not included in the period that counts towards the calculation of the 1 month period. In other words, the one month period commences on the date the decision to have a retrial is communicated to the court and the defence.
Bail Act offences - main hearing
Where a Bench Warrant is issued as a result of the non-attendance of the defendant, following GFS Costs Judge rulings (R v Shaw (X65) & R v Despres (X61)), a breach of bail hearing is to be paid as either a guilty plea or trial graduated fee under offence class H, depending on whether the breach was admitted (guilty) or contested (trial).
If a breach of bail hearing is heard at the same time as another 'main hearing' (for example, the breach of bail hearing is heard at the same time as the defendant pleads guilty to the offence on the indictment) a 20% uplift to the basic fee of the 'principal case' is paid (para 27 (vii) MoG).
Fixed fees
Section 51 - preliminary hearings
If at a Section 51 hearing the defendant indicates s/he wishes to plead guilty, the indictment must be drafted and signed before the plea is entered. In this scenario counsel should be paid a guilty plea fee (5).
Where, at a S51 hearing, the timetable is set including a trial date and subsequently the defendant is arraigned at the PCMH and enters a guilty plea, counsel is only entitled to a guilty plea fee (5) and not a cracked trial fee (8) (QBD decision Lord Chancellor v Frieze April 2007).
Where, at a S51 hearing the Crown discontinues the matter before the indictment is signed, the case does not fall within GFS. However, where £46.50 is an appropriate fee for that hearing, it should be paid on a FIST (see Pre-committal bail applications and preliminary hearings below).
Uplifts on fixed fees
The only fixed fees which attract a case uplift are Committals for Sentence (CSE), Appeals against Conviction (ACV) and Appeals against Sentence (ASE). When the number of cases is entered in the fixed fee box, PARITY will automatically calculate the uplifts. Other fixed fees (e.g. BPD, SHR, OHA etc) do not attract a case uplift (see this section below).
Where there is a mixture of the two i.e., a sentence on indictment (SHR) and a Committal for Sentence (CSE) heard together, both should be entered on the FIST.
PCMH - defendant uplift
A PCMH attracts a defendant uplift but not case uplifts. For example, where two or more PCMHs involving the same defendant(s) are heard on the same date then only one PCMH fee will be paid.
Ineffective PCMH
If a case is listed for PCMH but there is no arraignment, nor questionnaire completed, a PCMH fee will still be paid, the only exception being the payment of an OHA when a warrant is issued.
PCMH - case adjourned for enquiries
Where a case is listed for PCMH, the defendant PNG and the prosecution ask for time to consider the position (e.g. to ascertain if a witness is prepared to give evidence) then at a subsequent hearing the prosecution offer no evidence, counsel should be paid a BPD fee for the first hearing and a guilty plea fee (5) for the second hearing.
Where at the PCMH the prosecution requests time to consider a plea offered and the case is re-listed on another date for the plea to be taken and it is accepted, then counsel should be paid a guilty plea fee (code 5) and not a cracked trial fee (code 8). (Costs Judge case R v Mohammed (X 27).)
Sentence fees
Case listed for sentence, facts opened but sentence adjourned pay an SHR and another SHR when the case is sentenced.
Case listed for sentence, facts not opened and sentence adjourned, counsel should be paid an OHA.
Sentence lasting more than 1 day
Where a sentence hearing lasts more than one day, counsel should be paid an SHR for each day.
More than one sentence/mention/PCMH
Where there is more than one indictment for the same defendant listed for mention/PCMH/sentence, only one fixed fee is payable with no case uplifts. For example, where a defendant is listed for sentence on 4 indictments an SHR should be recorded in the fixed fee codes but the number of cases should be one.
Committal for Sentence (CSE)
Where a CSE is put to the defendant and accepted on the same occasion as a main hearing, even though not listed as such, the advocate gets a 20% case uplift for the CSE (see Committal for Sentence above).
Co-defendant absconds from sentence hearing
Where two defendants are convicted and adjourned for sentence, one attends and is sentenced whilst a bench warrant is issued for the 2nd defendant, counsel should be paid one SHR only.
ASBOs
The making of an Anti-Social Behaviour Order at the time of sentencing is deemed to be part of the sentence process and no additional fee is payable. Therefore where an ASBO is made at the time of sentencing, whether contested or not, only an SHR should be paid (Costs Judge case R v Brinkworth (X44)).
Payment for a voire dire/legal argument
Where the voire dire/legal argument takes place on the same day as a main hearing (e.g. the trial) only the main hearing fee is paid and no separate fixed fee is payable. However, where a voire dire is listed on the first day of trial, it lasts all day and continues into day 2, the jury is then sworn on day 2 and the trial commences, the advocate should be paid a PAH/PAW for the first day and a trial fee (6) for day 2. (Para. 28, MoG.)
Trial stood out - uplifts
The advocate gets a defendant uplift for an FNR, trial stand out not on application, but not for a NEF, trial stand out on application by the prosecution or defence. For an NEF there is a one-off payment regardless of the number of defendants.
Observer at third party proceedings
Where the Crown attends court purely as an observer where, for instance, the third party proceedings are between the defence and Social Services, the advocate should be paid a half (PAH) or full day (PAW) hearing fee.
Payment for documents/reports and statements for confiscation hearings
The documents generated in relation to DTOA or POCA hearings do not form part of the committal papers or NAE. They form part of the preparation for the DTH/DTW hearing and are included in the half day or full day fixed fee. No additional payment should be made.
Definition of effective confiscation hearing
For a confiscation hearing to have proceeded/be effective, evidence must have been considered even if no order is subsequently made. If the prosecution decide not to apply for an order, then no fee is allowable and either a sentence fee (SHR) or an appearance fee (OHA) should be paid.
Confiscation and sentence hearing on the same day
A fixed fee is payable for either a half (DTH) or a full day (DTW), for an effective DTOA/POCA hearing and an effective sentence fee (SHR) when both hearings are on the same day, but on a different day from the main hearing. (Para. 34, MoG.)
Disqualified driver
Where the CPS instructs an advocate to assist the judge in an application to have a disqualification reduced / removed use code ASE.
Fixed fee case that is not effective
Where a case is listed for an Appeal against Conviction or other fixed fee hearing but cannot proceed for whatever reason and goes off to a future date, the advocate should be paid an appearance fee (OHA) for the adjourned hearing.
Contempt of court hearings
These hearings should be paid using the code for an Appeal against Sentence (ASE).
Calculated fees
Advices - appeals against judges' rulings during trials
There is a new procedure whereby, during a trial, the prosecution can appeal certain judge's decisions to the High Court. In such instances, the advocate is required to provide a formal written advice to CPS on whether it is appropriate to appeal the ruling. Such advices should be paid as part of the GFS payment by recording the preparation time for the advice in the 'other' box in calculated fees. In this way, the advocate will be paid the appropriate GFS hourly rate for the advice.
If a decision is subsequently taken to appeal the ruling, any preparation in relation to the appeal hearing and payment for attendance at the High Court should be managed using the Very High Cost Case (VHCC) fee scheme.
Tapes/videos - duplicate payments
Where more than one advocate in the same case views or listens to the tapes, provided it was reasonable for each to do so, then pay them all subject to the necessary endorsement on the brief. (Costs Judge case R v Murphy (X 4).)
Tapes/videos - unused material
When audio or video tapes that are unused material are sent to the advocate there is no provision in the GFS to pay for them. They are deemed to be included in the preparation for the graduated fee.
Written advice, summaries etc
The only advices routinely paid for are unduly lenient sentence advices, and advices relating to judges' rulings during trial. Generally written work produced by the advocate is deemed to be included in the graduated fee.
HCA/counsel splits
Guilty plea and sentence
Where an HCA prosecutes a hearing where a guilty plea (5) is entered and counsel prosecutes the sentence hearing and opens the facts, the fee for the guilty plea (including the pages of evidence uplift) and the sentence fee should be combined and the fee split with counsel being paid half on a NoFF and the HCA recording the other half as part of his/her record.
However, where counsel prosecutes a hearing where a guilty plea (5) is entered and an HCA prosecutes the sentence hearing, the fee for the guilty plea (5), including the pages of evidence uplift, is paid to counsel on a FIST and the sentence fee should be recorded by the HCA.
Newton Hearings
Under the GFS where there is a guilty plea and an effective Newton Hearing this is paid as an effective trial with the day the guilty plea was entered being classified as the first day of trial (and the main hearing date) and the days of the Newton Hearing being the second (and subsequent) day(s) of the trial.
Where an HCA prosecutes the guilty plea and counsel prosecutes the effective Newton Hearing, the elements which make up the fee are set out below and the fees should be divided as shown. Counsel should be paid on a NoFF.
In a case where there was a 1 day Newton Hearing -
- Base Fee - paid to counsel
- Length of trial uplift x 1 - paid to counsel
- Number of witnesses - paid to counsel
- Pages of evidence - paid to counsel
- Refresher x 1 - recorded by the HCA
In a case where there was a 2 day Newton Hearing -
- Base Fee - paid to counsel
- Length of trial uplift x 2 - paid to counsel
- Number of witnesses - paid to counsel
- Pages of evidence - paid to counsel
- Refresher x 2 - recorded by the HCA - 1 refresher and Counsel is paid 1 refresher
One of the easiest ways to calculate the breakdown is to use the GFS scheme B Calculator. If you do not have access to this, contact your Case Auditor. A list of the Case Auditors is attached to this document.
Newton Hearing - ineffective
Where the HCA prosecutes the guilty plea, counsel appears to prosecute the Newton Hearing and the Newton Hearing is ineffective, the case reverts to a guilty plea and a sentence and the fee should be split between counsel and the HCA (see this section above).
Cracked trials
Where Counsel prosecutes a hearing which is a cracked trial and the HCA prosecutes the sentence hearing, counsel is entitled to the full cracked trial fee and the HCA can record a sentence fee.
Where an HCA prosecutes a hearing which is a cracked trial and counsel prosecutes the sentence hearing (and opens the facts of the case), the fees should be divided as follows:
Counsel is entitled to half the notional guilty plea fee plus half a sentence fee.
HCA is entitled to record the full cracked trial fee minus half the notional guilty plea fee plus half a sentence fee.
For example, a one indictment, one defendant burglary case with 40 pages of evidence and 11 witnesses cracks in the 3rd third. The cracked trial fee for that case would be £296.31, the notional guilty plea for that case would be £174.70 and the sentence fee is £60.
Counsel would be paid: £87.35 (174.70 ÷ 2) + £30 = £117.35
HCA would record: £296.31 - £87.35 (174.70 ÷ 2) + £30 = £238.96
NB - this is a change to previous instructions.
In these circumstances, it is likely that the HCA will have already recorded a full cracked trial fee. Areas should be diligent in adjusting the HCA's daily log form to reflect the alteration to the original record.
One word of caution however, if the HCA prosecutes a hearing where the case cracks whilst counsel is still technically in possession of the brief, you should consult a Case Auditor for advice.
Travel time and travel and hotel expenses
Travel and hotel expenses
Any claim for travel or hotel expenses must be supported by receipts (other than travel by car).
The rates applicable to counsels' claims are the same as those which apply to CPS staff (see the T & S Code).
Travel time
Counsel is not paid travel time for attending court. Travel time is only paid to conferences and views of locus (Para 51, MoG).
Travel payment
The arrangements for paying travel expenses to advocates are well established. The fees clerk should check the finance folder and confirm the correct claim for travel against the GFC, by endorsing the FIST that the information is correct. The NFBC will input and pay according to the GFC.
Do not pay for travel twice over where counsel defends and prosecutes on the same day. Liaise with your court centre and make local arrangements to manage these payments.
Miscellaneous
MoG error
The title of paragraph 29 should read as follows:
Abuse of Process and other legal arguments including joinder and severance applications.
Restraint Orders (POCA)
Because POCA applications for Restraint Orders are civil orders made in the Crown Court, the GFS does not apply. Payment for these applications will generally be £46.50 and should be paid on a NoFF using codes POH/POW. Where counsel is required to undertake an exceptional amount of preparation in such an application, s/he can apply for a higher fee. Any application should be made in writing and must be supported by detailed work records.
Breach of Restraining Orders (Harassment Act)
Where a defendant is committed to the Crown Court for a breach of a Restraining Order made in accordance with the Harassment Act, counsel should be paid an ASE.
Unattended advocates
In certain circumstances, defence counsel is entitled to an 'unattended advocate fee'. CPS does not pay prosecuting counsel such a fee and therefore any claim for this fee should be refused.
Pre-committal bail applications and preliminary hearings
Following guidance which was issued in the September 2006 edition of the Counsel Fee Newsletter, pre-committal bail applications and preliminary hearings should now be paid on a FIST. This does not mean that such hearings fall under the GFS but using a FIST as opposed to a NoFF is a much cheaper way of processing payments of fees to counsel.
Bail applications where there are separate indictments
Where there is more than one indictment for a single defendant counsel should be paid for one application only.
Bail applications in the High Court
The fixed fee BAP should also be used for any bail applications in the High Court.
S41 matters
When S41 offences are put to a defendant, no additional fee is payable to counsel. For example, where a case is listed for sentence, following a guilty plea or a conviction on an earlier date, and the S41 matters are put for the first time at the sentence hearing, counsel is only entitled to a sentence fee (SHR) and no additional fee is payable.
Fitness to plead
Guidance regarding fitness to plead can be found in the MoG at paragraph 44, however where a defendant is found unfit to plead, all claims from chambers must be referred to a Case Auditor for advice.
Fees contacts
Head of Fees
Belinda Whitelaw
HQ London
Rose Court, 2 Southwark Bridge, London, SE1 9HS
DX - 154263 SOUTHWARK 12
Tel: 020 7796 8162
Fax: 020 7796 8368
Case Auditor
Mark Carter
HQ London
Rose Court, 2 Southwark Bridge, London, SE1 9HS
DX - 154263 SOUTHWARK 12
Tel: 020 7796 8307
Fax: 020 7796 8368
CPS Areas
Dorset
Fraud Prosecution Service (London)
Hampshire & Isle of Wight
Kent
London
Surrey
Sussex
Wiltshire
Case Auditor
Hemma Patel
HQ London
Rose Court, 2 Southwark Bridge, London, SE1 9HS
DX - 154263 SOUTHWARK 12
Tel: 020 7796 8711
Fax: 020 7796 8368
CPS Areas
Counter Terrorism Division (London)
Organised Crime Division (London)
Special Crime Division (London)
Bedfordshire
Cambridgeshire
Essex
Hertfordshire
Norfolk
Suffolk
Thames Valley
Case Auditor
Kate Brankin
HQ Birmingham
Colmore Gate
2 Colmore Row
Birmingham B3 2QA
DX: 719540 Birmingham 45
Tel: 0121 262 1128
Fax: 0121 262 1319
CPS Areas
Organised Crime Division (Birmingham)
Avon & Somerset
Devon & Cornwall
Dyfed Powys
Gloucestershire
Gwent
North Wales
South Wales
Staffordshire
Warwickshire
West Mercia
West Midlands
Case Auditor
Michael Hoare
HQ York
United House
Piccadilly
York YO1 9PQ
DX: DX: 65204 York 6
Tel: 01904 544457
Fax: 01904 545606
CPS Areas
Special Crime Division (York)
Cleveland
Cumbria
Fraud Prosecution Service (York)
Greater Manchester
Lancashire
Lincolnshire
Northumbria
North Yorkshire
West Yorkshire
Case Auditor
Sarah McIlwain
HQ York
United House
Piccadilly
York YO1 9PQ
DX: DX: 65204 York 6
Tel: 01904 544456
Fax: 01904 545606
CPS Areas
Organised Crime Division (York)
Cheshire
Derbyshire
Durham
Humberside
Leicestershire
Merseyside
Northamptonshire
Nottinghamshire
South Yorkshire
