Costs relating to Appeal from Crown Court

Who has the authority to pay costs relating to work done on an appeal to the CACD

Paragraph 12.3 of the Taxing Officers' Notes for Guidance states:

When both (a) counsel or solicitor has given positive advice to appeal, and (b) notice of application for leave to appeal or of appeal has been lodged with the Crown Court on the strength of that advise the Registrar of Criminal Appeals is the appropriate authority to determine the fees in respect of the work in connection with the advice and notice of application etc. The Crown Court should not determine those fees unless the solicitor confirms that the notice of application etc was not given on his or counsel's advice. Where no notice of application is given, either because of unfavourable advice or despite favourable advice, the appropriate authority is the appropriate officer for the Crown Court.

The current advice from the Criminal Appeal Office is as follows:

The Registrar of the Court of Appeal is the appropriate authority for the determination and payment of all work after conviction relating to an appeal to the CACD provided that

(a) the advice given by the legal representatives at the Crown Court is positive and

(b) Form NG is lodged.

Both (a) and (b) must be satisfied, otherwise the appropriate authority for such work is the Crown Court.

It follows that where these criteria are satisfied, NTT determining officers will not allow any such work on a Crown Court claim for costs

Where the Registrar is the appropriate authority, payment will be made for advising and assisting in the making of an application for leave ie. as worded on the lower court Representation Order. This covers basic work like completing the Forms, the Advice & Grounds, and corresponding with the client.

Archbold advises the legal representatives to approach the Registrar for a separate Representation Order if they think it necessary to do more involved work or where there is likely to be significant expense. The lower court Representation Order does not cover oral applications to the Single Judge.

Where leave is granted the Single Judge will consider the question of public funding afresh and issue the appropriate order generally limited to counsel only from then on for the appeal.