National Taxing Team - Claim Guidance

Costs under Section 51

Payment Rates | Questions and Answers

Litigators bill for indictable only offences sent to the Crown Court under Section 51 Crime and Disorder Act 1998

All work done in the Magistrates' Court is to be claimed on Crown Court bills at the rates below, regardless of the grade of fee earner used.

Advocacy in Magistrates' is the only advocacy payable on blue and yellow flash forms.

Rates for representation orders granted from 2nd April 2001 onwards (only Solicitors who have contracts)

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When a case has been sent from the Magistrates to the Crown Court under section 51 of the Crime and Disorder Act 1998, how do I claim costs in the lower court?
All work done in the Magistrates Court must be claimed on the Crown Court Bill

What are the relevant rates?
Regardless of the grade of Fee Earner, the rates for work done in the Magistrates Court are the Contracted Rates as show in the payment rate table.

Where on the claim form should I show these items?
In the appropriate section of the bill under the separate categories of preparation, advocacy, travel etc.

How as a solicitor, do I claim for Advocacy in the Crown Court, for example; the first Section 51 Directions Hearing or bail applications?

A Practice Direction was given by the Senior Presiding Judge for England and Wales on 22 December 1998, about the rights of audience in cases sent to the Crown Court under s51. Pursuant to paragraph 6, any person who has rights of audience in the magistrates' court may appear in these hearings in the Crown Court unrobed.

However, once the case has been sent you cannot claim for any advocacy on your solicitor's bill. All advocacy in the Crown Court, whether by Counsel, Solicitor Advocate or any other Solicitor, has to be claimed in the same way. Usually this will be by way of a Graduated Fee Claim form from the Court. (If the case falls outside the Graduated Fee Scheme for any reason claims must be made on a Red Corner Advocate's EPF claim form).

NB This applies immediately the case has been sent to the Crown Court irrespective of the venue for any hearing e.g any bail or breach hearings, which take place for whatever reason in the Magistrates Court.

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What if the combination of work done in the Magistrates and Crown Court on a Section 51 only amount to a Standard Fee?
Thresholds remain the same with regard to Standard Fee claims. The rates shown also apply to work in the Lower Court on a Standard Fee claim.

What if I have chosen to instruct Counsel to deal with the Advocacy in the Magistrates Court?
In most circumstances Counsel will be unassigned, that is without the benefit of a Representation Order, for the proceedings in the Magistrates Court. The claim for Counsel's fees must be included on your claim for costs as a disbursement (but can be paid direct to Counsel if so desired). The fee paid will be that which is agreed between yourselves, so long as it does not exceed the amount which would have been paid to you had you attended or done the work yourself. You should provide a copy of the agreement regarding these fees or a fee note from Counsel in support of such claims.

What happens if proceedings are remitted back to the Magistrates Court?
All costs incurred up to that point must be claimed as above on the Crown Court bill. Thereafter the authority for determining any costs incurred reverts to the Legal Services Commission.

What if I have done work in the case for the Magistrates proceedings prior to the issue of the Representation Order?
In cases send under section 51 only, Determining Officers will apply the same principles as exist in cases which remain in the Magistrates Court. Thereafter, if exceptionally, you have provided urgent representation or advice and have made an application for a Representation Order within 7 days of initial instruction, reasonable costs incurred during that period may be allowed.

What if my questions about taxation of costs in section 51 matters have not been answered here?
Please telephone any NTT office they will be happy to help.