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CPS Fees - Appeals Committee Decisions

|Publication

The purpose of the Advocate Fee Appeals Committee is to resolve disputes by reference to published CPS fee schemes, in particular the Graduated Fee Scheme (GFS) and the Very High Cost Case scheme (VHCC). The rulings of the Committee are published for general reference and are contained within this section. The rulings are redacted to remove case specific details and advocate names.

Advocate Fee Appeals Committee Terms of Reference

Advocate Fee Appeals Committee Terms of Reference (PDF document, approx 102kb)

Appeal Committee Rulings

2022:

Appeal Committee Ruling 3 of 2022 – R v [REDACTED]
The issue in this appeal rests on whether, correctly applying the relevant paragraph of the Manual of Guidance, the trial was effective and can therefore be remunerated as an effective trial main hearing. Appeal dismissed.
Appeal Committee Ruling 3 of 2022 – R v [REDACTED]

Appeal Committee Ruling 2 of 2022 - R -v- [REDACTED]
The issue in this appeal rests on whether, correctly applying the relevant paragraph of the Manual of Guidance, the trial was effective and can therefore be remunerated as an effective trial main hearing. Appeal dismissed.
Appeal Committee Ruling 2 of 2022 - R -v- [REDACTED]

Appeal Committee Ruling 1 of 2022 - R -v- [REDACTED]
The issue in this appeal is whether certain electronic material counts towards the Pages of Prosecution Evidence (PPE), which determines the level of base fee to be paid to counsel.
Appeal Committee Ruling 1 of 2022 - R -v- [REDACTED]

2021:

Appeal Committee Ruling 4 of 2021 - R -v- [REDACTED]
Payment for Newton Hearing proceedings in a multi-defendant case where each defendant pleaded guilty to the indictment on a different date but were all adjourned to a single Newton Hearing. Appeal dismissed.
Appeal Committee Ruling in R -v- [REDACTED]

Appeal Committee Ruling 3 of 2021 - R -v- [REDACTED]
Payment of full trial fee for a retrial where a new advocate is instructed. Appeal successful.
Appeal Committee Ruling in R -v- [REDACTED]

Appeal Committee Ruling 2 of 2021 - R -v- [REDACTED]
Whether uploading of electronic material changes the status of the evidence from “electronic material” to “pages” of evidence. Appeal dismissed.
Appeal Committee Ruling in R -v- [REDACTED]

Appeal Committee Ruling 1 of 2021 - R -v- [REDACTED]
Payment for time spent reviewing telephone download material and video files. Appeal dismissed.
Appeal Committee Ruling in R -v- [REDACTED]

2020:

Appeal Committee Ruling 2 of 2020 - R v D
Additional defendant uplift in a multi-handed case when only one defendant appears at a single, main hearing. Appeal dismissed.
Appeal Committee Ruling in R v D

Appeal Committee Ruling 1 of 2020 - Op A
Remuneration for proceedings listed for trial, but adjourned due to the COVID-19 pandemic. Appeal dismissed.
Appeal Committee Ruling in Op A

2019:

Appeal Committee Ruling 3 of 2019 - R v H
Payment of wasted preparation. Appeal partially allowed
Appeal Committee Ruling in R v H (PDF document, approx 46kb)

Appeal Committee Ruling 2 of 2019 - R v A2
Payment of electronic material. Appeal dismissed
Appeal Committee Ruling in R v A2 (PDF document, approx 45kb)

Appeal Committee Ruling 1 of 2019 - Op C
Service of electronic material on DCS. Appeal dismissed
Appeal Committee Ruling in Op C (PDF document, approx 39kb)

2018:

Appeal Committee Ruling 5 of 2018 - R v W
Service of material on DCS. Appeal allowed.
Appeal Committee Ruling in R v W (PDF document, approx 73kb)

Appeal Committee Ruling 4 of 2018 - Op D
Payment of electronic material. Appeal dismissed.
Appeal Committee Ruling in Op D (PDF document, approx 49kb)

Appeal Committee Ruling 3 of 2018 - Op A
Payment of electronic material. Appeal dismissed.
Appeal Committee Ruling in Op A (PDF document, approx 29kb)

Appeal Committee Ruling 2 of 2018 - R v S and others
Remuneration of material served electronically. Appeal allowed.
Appeal Committee ruling in R v S and others (PDF document, approx 84kb)

Appeal Committee Ruling 1 of 2018 - Re: Operation V
Remuneration of more than one elected cracked trial. Appeal dismissed.
Appeal Committee ruling in Operation V (PDF document, approx 63kb)

2017:

Appeal Committee Ruling 5 of 2017 - R v M
Remuneration of mobile phone data. Appeal dismissed.
Appeal Committee ruling in R v M (PDF document, approx 55kb)

Appeal Committee Ruling 4 of 2017 - R v A and others
Payment of telephone call data, served electronically. Appeal upheld.
Appeal Committee ruling in R v A and others (PDF document, approx 271kb)

Appeal Committee Ruling 3 of 2017 - R v L
Remuneration of mobile phone data. Appeal allowed.
Appeal Committee ruling in R v L (PDF document, approx 57kb)

Appeal Committee Ruling 2 of 2017 - Op N
Issue concerning instruction of counsel. Appeal allowed
Appeal Committee Ruling in Op N (PDF document, approx 25kb)

Appeal Committee Ruling 1 of 2017 - R v K
Payment of material served during trial. Appeal dismissed
Appeal Committee Ruling in R v K (PDF document, approx 56kb)

2016:

Appeal Committee Ruling 2 of 2016 - R v H
Remuneration of material served electronically - Appeal dismissed
Appeal Committee Ruling 2 of 2016 - R v H (PDF document, 59kb)

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