Fees Bulletin No.1 of 2023 – Graduated Fee Scheme - Section 28 Fee
1. This fees bulletin confirms that, effective from Monday 15 January 2024, the fixed fee payable in section 28 cases will increase to £1,000 (plus VAT).
Background
2. In May 2023, the CPS announced a series of positive changes to prosecution fee schemes. In addition to a 15% increase to all CPS fee rates, we introduced a new fixed fee of £670 (plus VAT) for section 28 cases, to reflect the additional preparatory work required.
3. The CPS fee was the equivalent to that then paid under the Advocate Graduated Fee Scheme to defence advocates. In announcing the new section 28 fixed fee, we indicated that the position in section 28 cases would be kept under review.
Rate Increase
4. In keeping with that commitment, and our overriding aim to maintain broad parity with defence fees, the CPS section 28 fixed fee will increase from £670 (plus VAT) to £1,000 (plus VAT) with effect from 15 January 2024.
5. The new rate will apply to all new section 28 cases to existing section 28 cases where the trial/main hearing is part-heard on that date.
Application of New Rate
6. Paragraphs 131 to 138 of the GFS Scheme F Manual of Guidance set out the circumstances in which the section 28 fixed fee is payable and the application of the fee scheme more generally in section 28 cases.
7. The following three scenarios provide clarity as to when the new and old rates will apply in ongoing cases which straddle the implementation date.
| No. | Scenario | S.28 fee payable | Fixed fee code |
|---|---|---|---|
| 1 | Any section 28 hearing and subsequent trial concluding prior to 15 January 2024. | £670 | X28 |
| 2 | Any section 28 hearing held prior 15 January 2024, which has a trial concluding on or after this date. | £1,000 | S28 |
| 3 | Any section 28 hearing held on or after 15 January 2024. | £1,000 | S28 |
8. The GFS Scheme F Calculator, available via the CPS website, has been updated to reflect this rate increase and chambers software providers have been notified.
For CPS Fees Teams only
9. CPS fee payment software (Parity) has been updated to reflect this change. Accordingly, and for the information of CPS Fee Teams, the new fees and fee codes will appear in Parity as follows:
PLEASE NOTE: All previously paid section 28 hearings from 2 May 2023 have been amended in Parity from code S28 to X28.
Further enquiries
10. Should you have any queries regarding this bulletin or any other fee-related matter, please contact your Case Auditor or the CBU.FEES@cps.gov.uk.