Appeal Committee Ruling 4 of 2021 - R -v- [REDACTED]
GFS Appeals Committee
R-v- [REDACTED] – [REDACTED]
Appeal of [REDACTED] & [REDACTED]
Introduction
This case falls to be remunerated under the CPS Graduated Fee Scheme D. This case concerns the prosecution of R-v-[REDACTED] and others, listed for Newton proceedings on [REDACTED] at [REDCATED] Crown Court.
Issue in appeal
This is an appeal in relation to the correct payment for Newton Hearing proceedings where the four defendants pleaded guilty to the indictment on four different dates between [REDACTED] and [REDACTED]. All the defendants pleaded on a basis and were adjourned to a single Newton Hearing. The Newton Hearing for all four defendants was heard on [REDACTED].
Counsel’s position
Counsel submit that as paragraph 28e) of the Manual of Guidance states that the main hearing date is the date the guilty plea is entered, by definition, this means that each main hearing has to be treated separately and therefore remunerated as separate effective trial fees.
CPS position
The CPS maintain that as all the defendants were dealt with together at the Newton Hearing on [REDACTED], this constitutes one effective trial process for all defendants. This is in accordance with the guidance on the payment of Newton Hearings in the Manual of Guidance which would result in a single trial fee for all defendants.
Consideration by the committee
The Fees Appeal Committee convened to consider the appeal on 22 November 2021 and considered the following documents before arriving at their decision:
- GFS Manual of Guidance scheme D
- Taxation note from Counsel
- Final CPS written reasons 5 October 2021
- Response to Final written reasons
The Committee considered the information advanced by counsel as well as all the other documentation listed above, including the relevant paragraphs of the Manual of Guidance.
The Committee were of the view that as the outcome was an effective Newton Hearing for all four defendants on the same day, this meant that the provisions of paragraph 28e apply, namely that the whole proceedings would be treated as one effective trial. The committee also considered paragraph 153 and 154, which shows that where a newton hearing takes place, the proceedings will be treated as an effective trial and the length of the trial is deemed to be the combined length of the main hearing (guilty plea or cracked trial) and the effective newton hearing. In this instance the fact that each plea was entered on a separate day and the newton hearing was one hearing, carried out on one day, involving the basis of criminality for all four defendants should be remunerated as a single trial fee.
Ruling
The Committee dismissed the appeal.