Advocates Graduated Fees Scheme

Graduated fee claim forms 5144D 5144E and 5144F can now be downloaded from the Formfinder page.

Scheme 4 (30th April 2007)

Governed by the Criminal Defence Service (Funding) Order 2007

One advocate will take responsibility for the conduct of a defence case. This person is called the 'Instructed Advocate'. Where the representation order allows for more than one, eg Leading and Junior, there will be an Instructed Advocate at each level to take responsibility for the different roles.
Except for special and wasted preparation, the Instructed Advocate will claim for the whole case and will pay substitutes. The Instructed Advocate will be responsible for requesting redeterminations or written reasons.
Changes are being made to the fee structure, including the introduction of two new offence codes: J (most serious sexual crime) and K (£100k+ fraud).

Detailed summary of changes to the graduated fees scheme (Word 261 kb)

Graduated Fees Scheme Guidance - April 2007 (Word 701.952Kb)

NTT official guidance to Crown Court staff on the Advocates Graduated Fees Scheme subsequent to the 2007 Funding Order ammendment and consolidation. This is the first amendment since October 2005. It includes all the changes brought in from 30 April 2007. It also includes recent Costs Judges decisions.To maintain continuity with the previous editions of the Guidance, the same numbering scheme for paragraphs has been used. Changes under the 2007 scheme are shown in red underlined font.

Corrections: On page 39 in the Table of Fixed Fees at 16, the fee for a Noting Brief should be £125 and not as shown. On page 45 in ANNEXE 1 all refernces to paragraph 29 in the Funding Order should be amended to read paragraph 18

Graduated Fee Payment Protocol 2007

The Bar Council protocol on the fee-sharing aspects of the Graduated Fee Scheme as ammended by the 2007 Funding Order

Criminal Bar Association Guidance Notes on the revised Graduated Fee Scheme 2007

Comprehensive guidance notes on scheme 4 produced by the Criminal Bar Association

List of Offences (Word 106.496Kb)

An alphabetical list of offences covered by the Graduated Fee scheme taken from the Criminal Defence Service (Funding) Order 2007

Appeals, Committals for Sentence, Breach Proceedings (Word 25.3Kb)

Queries have been raised about the identity of the 'instructed advocate' in appeals, committals for sentence and breach proceedings. The Bar Council, Law Society and Solicitors' Association of Higher Courts Advocates have agreed that although the Criminal Defence Service (Funding) Order 2007 does not contain specific provisions relating to the identity of the instructed advocate in appeals, committals for sentence and breaches, the instructed advocate should be deemed to be the person that attends the main hearing, with any other advocate being treated as a substitute advocate.

Scheme 3 (3rd October 2005 to 29th April 2007)

Governed by the Criminal Defence Service (Funding)(Ammendment) Order 2005

brought all remaining guilty pleas within the scheme
made cuts to advocates' rates of remuneration that the Secretary of State considered necessary

Graduated Fees Scheme Guidance - October 2005 (Word 506.368Kb)

Guidance effective on or after 3rd October 2005 to 29th April 2007 to assist Court staff and advocates when claiming and paying fees under the Graduated Fees Scheme

Guidance on Cracked Trials and Guilty Pleas October 2005 (Word 153.6Kb)

Guidance effective on or after 3rd October 2005 to 29 th April 2007. This guidance describes the new payment scheme for all cracked trials and guilty plea cases

Scheme 2 (2nd August 2004 to 2nd October 2005)

Governed by the Criminal Defence Service (Funding)(Ammendment) Order 2004

Introduced revised rates for 11-25 day trials
Increased scope of scheme to include 26-40 day trials and trials over 40 days which were estimated to be 40 days and under and which were not taken under contract by the LSC Complex Crime Unit

Graduated Fees Scheme Guidance - October 2004 (Word 568.832Kb)

Guidance effective on or after 2nd August 2004 to 2nd October 2005 to assist Court staff and advocates when claiming and paying fees under the Graduated Fees Scheme

Graduated Fees Scheme Guidance - Index (Word 31.744Kb)

This is the index for the graduated Fees Scheme Guidance dated October 2004 which became effective on or after 2nd August 2004

October 2004 Amendments to the Graduated Fee Guidance Manual (Word 31.232Kb)

This details the October 2004 ammendments to the Graduated Fee Guidance

Scheme 1 (29th October 2001 to 1st August 2004)

Governed by the Criminal Defence Service (Funding)(Ammendment no.3) Order 2001