Very High Cost Case Fee Scheme - Terms of Appointment
Annex A - Fee selection criteria
Criteria for setting hourly rates in fraud cases
Block A
- The case is likely to give rise to national publicity and widespread public concern
- The case requires highly specialised knowledge
- The case involves a significant international dimension
- The case requires legal, accountancy and investigative skills to be brought together
Block B
The value of the fraud exceeds:
- £10m
- £2m
The volume of prosecution documentation (excluding unused material) exceeds:
- 30,000 pages
- 10,000 pages
The length of the trial is estimated at:
- Over 20 weeks
Categorisation of cases
Category 1: 4 criteria from Block A, and 3 'a's from Block B
Category 2: 2 criteria from Block A and at least 1 'a' or 'b' from Block B
Category 3: All other fraud VHCCs
Criteria for setting hourly rates in non-fraud cases
Block A
- Must be a class 1 or 2 offence or be a serious drug case
- The maximum sentence for the offence is imprisonment for life or over 30 years
- The case is likely to attract national interest
- If the offence is of a violent or sexual nature, there are multiple victims or if a sole victim, there is something significant about the crime. If the case involves drugs, their total value is estimated to exceed £10m
Block B
The volume of prosecution documentation (excluding unused material) exceeds:
- 10,000 pages
- 5,000 pages
Categorisation of cases
Category 1: Terrorism Cases
Category 2: 4 criteria from Block A and (a) from Block B
Category 3: All other VHCCs
Table of rate charges
| ORIGINAL VHCC RATES | Hourly rates for preparation | Daily advocacy rates | Other hearings | ||
|---|---|---|---|---|---|
| 1 | 2 | 3 | |||
| QC / Senior Treasury Counsel | 180 | 140 | 110 | 600 | 140 |
| Leading Junior | 140 | 110 | 90 | 450 | 100 |
| Junior alone / Junior Treasury Counsel alone | 110 | 90 | 80 | 330 | 80 |
| Junior led by QC / STC or First led junior | 100 | 80 | 70 | 300 | 70 |
| Second Led Junior* | 90 | 70 | 60 | 200 | 40 |
| Second Led Junior | 70 | 55 | 50 | 150 | 40 |
| Noter | 0 | 0 | 0 | 125 | 35 |
| REVISED VHCC RATES | Hourly rates for preparation | Daily advocacy rates | Other hearings | ||
|---|---|---|---|---|---|
| 1 | 2 | 3 | |||
| QC / Senior Treasury Counsel | 170 | 130 | 100 | 570 | 140 |
| Leading Junior | 135 | 105 | 90 | 430 | 100 |
| Junior alone / Junior Treasury Counsel alone | 105 | 90 | 80 | 310 | 80 |
| Junior led by QC / STC or First led junior | 100 | 80 | 70 | 290 | 70 |
| Second Led Junior* | 90 | 70 | 60 | 200 | 40 |
| Second Led Junior | 70 | 55 | 50 | 150 | 40 |
| Noter | 0 | 0 | 0 | 125 | 35 |
*In Very High Cost Fraud Cases, the hourly and advocacy rate paid to a second led junior can be uplifted if their specific role and responsibility in the case is over and above that expected from a second led junior in another fraud case / or defence second led junior in the same case.
New revised VHCC rates and GFS Scheme C will apply to new instructions where the advocate is instructed in the case on or after 1 March 2012. If a case is returned between advocates the relevant date will be the date that the first advocate in the case was instructed.
In the event that a Crown Advocate is instructed initially and the brief returned to a self-employed advocate, or vice versa, the instruction date for the purposes of the fee scheme will be the date the first advocate was instructed. In cases that are initially single advocate cases but become two advocate cases, the relevant date to establish the fee scheme for the case (for both advocates) will be the date the first advocate was instructed.
With effect from 1 August 2012 all existing CPS cases will transfer to be remunerated either under GFS Scheme C or new revised VHCC rates. This means that for GFS type cases any main hearing on or after 1 August 2012 will be remunerated under GFS Scheme C and for VHCC or hourly rate cases any new work undertaken on or after 1 August 2012 will be remunerated at new VHCC rates.
