Article 5(1)
1.—(1) In this Schedule—
“case” means proceedings in the Crown Court against any one assisted person—
on one or more counts of a single indictment;
arising out of a single notice of appeal against conviction or sentence, or a single committal for sentence, whether on one or more charges; or
arising out of a single alleged breach of an order of the Crown Court,
and a case falling within paragraph (c) must be treated as a separate case from the proceedings in which the order was made;
“cracked trial” means a case on indictment in which—
a plea and case management hearing takes place and—
the case does not proceed to trial (whether by reason of pleas of guilty or for other reasons) or the prosecution offers no evidence; and
either—
in respect of one or more counts to which the assisted person pleaded guilty, he did not so plead at the plea and case management hearing; or
in respect of one or more counts which did not proceed, the prosecution did not, before or at the plea and case management hearing, declare an intention of not proceeding with them; or
the case is listed for trial without a plea and case management hearing taking place;
“guilty plea” means a case on indictment which—
is disposed of without a trial because the assisted person pleaded guilty to one or more counts; and
is not a cracked trial;
“main hearing” means—
in relation to a case which goes to trial, the trial;
in relation to a guilty plea, the hearing at which pleas are taken or, where there is more than one such hearing, the last such hearing;
in relation to a cracked trial, the hearing at which—
the case becomes a cracked trial by meeting the conditions in the definition of a cracked trial, whether or not any pleas were taken at that hearing; or
a formal verdict of not guilty was entered as a result of the prosecution offering no evidence, whether or not the parties attended the hearing;
in relation to an appeal against conviction or sentence in the Crown Court, the hearing of the appeal;
in relation to proceedings arising out of a committal for sentence in the Crown Court, the sentencing hearing; and
in relation to proceedings arising out of an alleged breach of an order of the Crown Court, the hearing at which those proceedings are determined;
“Newton Hearing” means a hearing at which evidence is heard for the purpose of determining the sentence of a convicted person in accordance with the principles of R v Newton (1982) 77 Cr App R 13;
“standard appearance” means an appearance by the trial advocate or substitute advocate in any of the following hearings which do not form part of the main hearing—
a plea and case management hearing, except the first plea and case management hearing;
a pre-trial review;
the hearing of a case listed for plea which is adjourned for trial;
any hearing (except a trial, a plea and case management hearing, a pre-trial review or a hearing referred to in paragraph 2(1)(b)) which is listed but cannot proceed because of the failure of the assisted person or a witness to attend, the unavailability of a pre-sentence report or other good reason;
custody time limit applications;
bail and other applications (except where any such applications take place in the course of a hearing referred to in paragraph 2(1)(b)); or
the hearing of the case listed for mention only, including applications relating to the date of the trial (except where an application takes place in the course of a hearing referred to in paragraph 2(1)(b)),
provided that a fee is not payable elsewhere under this Schedule in respect of the hearing;
“substitute advocate” means an advocate who is not an instructed advocate or the trial advocate but who undertakes work on the case; and
“trial advocate” means an advocate instructed in accordance with a representation order to represent the assisted person at the main hearing in any case, including a QC or a leading junior advocate so instructed after the hearing at which pleas are taken.
(2) For the purposes of this Schedule, the number of pages of prosecution evidence includes all—
(a)witness statements;
(b)documentary and pictorial exhibits;
(c)records of interviews with the assisted person; and
(d)records of interviews with other defendants,
which form part of the committal or served prosecution documents or which are included in any notice of additional evidence, but does not include any document provided on CD-ROM or by other means of electronic communication.
(3) In proceedings on indictment in the Crown Court initiated otherwise than by committal for trial, the appropriate officer must determine the number of pages of prosecution evidence in accordance with sub-paragraph (2) or as nearly in accordance with sub-paragraph (2) as possible as the nature of the case permits.
(4) A reference to the Table of Offences in this Schedule is to the Table of Offences in Part 6 and a reference to a Class of Offence in this Schedule is to the Class in which that offence is listed in the Table of Offences.
2.—(1) Subject to sub-paragraphs (2) to (8), this Schedule applies to—
(a)every case on indictment; and
(b)the following proceedings in the Crown Court—
(i)an appeal against conviction or sentence;
(ii)a sentencing hearing following a committal for sentence to the Crown Court; and
(iii)proceedings arising out of an alleged breach of an order of the Crown Court (whether or not this Schedule applies to the proceedings in which the order was made).
(2) This Schedule does not apply to a Very High Cost Case which is the subject of an individual contract for the provision of funded services.
(3) Sub-paragraph (4) applies where, following a trial, an order is made for a new trial and the same trial advocate appears at both trials where—
(i)the defendant is an assisted person at both trials; or
(ii)the defendant is an assisted person at the new trial only; or
(iii)the new trial is a cracked trial or guilty plea.
(4) In respect of a new trial, or if he so elects, in respect of the first trial, the trial advocate will receive a graduated fee calculated in accordance with Part 2 or Part 3, as appropriate, except that the fee will be reduced by—
(a)30 percent, where the new trial started within one month of the conclusion of the first trial;
(b)20 percent, where the new trial did not start within one month of the conclusion of the first trial;
(c)40 percent where the new trial becomes a cracked trial or guilty plea within one month of the conclusion of the first trial; or
(d)25 percent where the new trial becomes a cracked trial or guilty plea more than one month after the conclusion of the first trial.
(5) Where a different trial advocate appears for the assisted person at each trial then, in respect of each trial, the trial advocate will receive a graduated fee calculated in accordance with Part 2 or Part 3, as appropriate.
(6) Where following a case on indictment a Newton hearing takes place—
(a)for the purposes of this Schedule the case will be treated as having gone to trial;
(b)the length of the trial will be taken to be the combined length of the main hearing and the Newton hearing;
(c)the provisions of this Schedule relating to cracked trials and guilty pleas will not apply; and
(d)no fee will be payable under paragraph 12 in respect of the Newton hearing.
(7) Sub-paragraph (8) applies where proceedings are—
(a)sent for trial to the Crown Court under section 51 of the Crime and Disorder Act 1998 (no committal proceedings for indictable-only offences); or
(b)transferred to the Crown Court under—
(i)section 4 of the Criminal Justice Act 1987 (transfer of serious fraud cases); or
(ii)section 53 of the Criminal Justice Act 1991(1) (transfer of certain cases involving children).
(8) Where, at any time after proceedings are sent or transferred to the Crown Court under the provisions referred to in sub-paragraph (7), they are—
(a)discontinued by a notice served under section 23A of the Prosecution of Offences Act 1985(2) (discontinuance of proceedings after accused has been sent for trial); or
(b)dismissed pursuant to—
(i)paragraph 2 of Schedule 3 to the Crime and Disorder Act 1998 (applications for dismissal);
(ii)section 6 of the Criminal Justice Act 1987 (applications for dismissal); or
(iii)paragraph 5 of Schedule 6 to the Criminal Justice Act 1991 (applications for dismissal),
the provisions of paragraph 18 apply.
3.—(1) For the purposes of this Schedule—
(a)every indictable offence falls within the Class under which it is listed in the Table of Offences and, subject to sub-paragraph (2), indictable offences not specifically so listed will be deemed to fall within Class H;
(b)conspiracy to commit an indictable offence contrary to section 1 of the Criminal Law Act 1977(3) (the offence of conspiracy), incitement to commit an indictable offence and attempts to commit an indictable offence contrary to section 1 of the Criminal Attempts Act 1981(4) (attempting to commit an offence), fall within the same Class as the substantive offence to which they relate;
(c)where the Table of Offences specifies that the Class within which an offence falls depends on whether the value involved exceeds a stated limit, the value must be presumed not to exceed that limit unless the advocate making the claim under article 5 proves otherwise to the satisfaction of the appropriate officer;
(d)where more than one count of the indictment is for an offence in relation to which the Class depends on the value involved, that value must be taken to be the total value involved in all those offences, but where two or more counts relate to the same property, the value of that property must be taken into account once only;
(e)where an entry in the Table of Offences specifies an offence as being contrary to a statutory provision, then subject to any express limitation in the entry that entry will include every offence contrary to that statutory provision whether or not the words of description in the entry are appropriate to cover all such offences;
(f)where in a case on indictment there is a hearing to determine the question of whether an assisted person is unfit to plead or unfit to stand trial, the trial advocate must elect whether that hearing falls within the same Class as the indictable offence to which it relates or within Class D; and
(g)where in a case on indictment a restriction order is made under section 41 of the Mental Health Act 1983(5) (power of higher courts to restrict discharge from hospital), the offence falls within Class A, regardless of the Class under which the offence would be listed in the Table of Offences but for this paragraph.
(2) Where an advocate in proceedings in the Crown Court is dissatisfied with the classification within Class H of an indictable offence not listed in the Table of Offences, he may apply to the appropriate officer when lodging his claim for fees to reclassify the offence.
(3) The appropriate officer must, in light of the objections made by the advocate—
(a)confirm the classification of the offence within Class H; or
(b)reclassify the offence,
and must notify the advocate of his decision.
4.—(1) The amount of the graduated fee for a single trial advocate representing one assisted person being tried on one indictment in the Crown Court in a trial lasting one to 40 days must be calculated in accordance with the following formula—
G = B + (d x D) + (e x E) + (w x W)
(2) In the formula in sub-paragraph (1)—
G is the amount of the graduated fee;
B is the basic fee specified in the Table following paragraph 5 as appropriate to the offence for which the assisted person is tried and the category of trial advocate;
d is the number of days or parts of a day on which the advocate attends at court by which the trial exceeds 2 days but does not exceed 40 days;
D is the fee payable in respect of daily attendance at court for the number of days by which the trial exceeds two days but does not exceed 40 days, as appropriate to the offence for which the assisted person is tried and the category of trial advocate;
e is the number of pages of prosecution evidence excluding the first 50, up to a maximum of 10,000;
E is the evidence uplift specified in the Table following paragraph 5 as appropriate to the offence for which the assisted person is tried and the category of trial advocate;
w is the number of prosecution witnesses excluding the first 10;
W is the witness uplift specified in the Table following paragraph 5 as appropriate to the offence for which the assisted person is tried and the category of trial advocate.
5. For the purposes of paragraph 4 the basic fee (B), the daily attendance fee (D), the evidence uplift (E) and the witness uplift (W) appropriate to any offence will be those specified in the Table following this paragraph in accordance with the Class within which that offence falls.
| Class of Offence | Basic Fee (B) | Daily attendance fee (D) | Evidence uplift (E) | Witness uplift (W) |
|---|---|---|---|---|
| QC | ||||
| A | £4,434 | £1,321 | £1.89 | £7.55 |
| B | £2,924 | £991 | £1.89 | £7.55 |
| C | £2,275 | £943 | £1.89 | £7.55 |
| D | £2,641 | £943 | £1.89 | £7.55 |
| E | £1,750 | £708 | £1.89 | £7.55 |
| F | £1,750 | £708 | £1.89 | £7.55 |
| G | £2,200 | £943 | £1.89 | £7.55 |
| H | £2,200 | £943 | £1.89 | £7.55 |
| I | £2,453 | £943 | £1.89 | £7.55 |
| J | £3,302 | £1,132 | £1.89 | £7.55 |
| K | £3,302 | £1,132 | £1.89 | £7.55 |
| Leading Junior | ||||
| A | £3,325 | £991 | £1.42 | £5.66 |
| B | £2,193 | £743 | £1.42 | £5.66 |
| C | £1,706 | £708 | £1.42 | £5.66 |
| D | £1,981 | £708 | £1.42 | £5.66 |
| E | £1,313 | £531 | £1.42 | £5.66 |
| F | £1,313 | £531 | £1.42 | £5.66 |
| G | £1,650 | £708 | £1.42 | £5.66 |
| H | £1,650 | £708 | £1.42 | £5.66 |
| I | £1,840 | £708 | £1.42 | £5.66 |
| J | £2,476 | £849 | £1.42 | £5.66 |
| K | £2,476 | £849 | £1.42 | £5.66 |
| Led Junior | ||||
| A | £2,217 | £660 | £0.94 | £3.77 |
| B | £1,462 | £495 | £0.94 | £3.77 |
| C | £1,038 | £472 | £0.94 | £3.77 |
| D | £1,300 | £472 | £0.94 | £3.77 |
| E | £802 | £354 | £0.94 | £3.77 |
| F | £802 | £354 | £0.94 | £3.77 |
| G | £1,100 | £472 | £0.94 | £3.77 |
| H | £943 | £472 | £0.94 | £3.77 |
| I | £1,132 | £472 | £0.94 | £3.77 |
| J | £1,887 | £566 | £0.94 | £3.77 |
| K | £1,651 | £566 | £0.94 | £3.77 |
| Junior alone | ||||
| A | £2,547 | £778 | £1.13 | £5.66 |
| B | £1,509 | £542 | £1.13 | £5.66 |
| C | £1,038 | £472 | £1.13 | £5.66 |
| D | £1,300 | £472 | £1.13 | £5.66 |
| E | £755 | £377 | £1.13 | £5.66 |
| F | £802 | £377 | £1.13 | £5.66 |
| G | £1,415 | £472 | £1.13 | £5.66 |
| H | £943 | £472 | £1.13 | £5.66 |
| I | £1,132 | £472 | £1.13 | £5.66 |
| J | £1,887 | £613 | £1.13 | £5.66 |
| K | £1,887 | £613 | £1.13 | £5.66 |
6. The amount of the graduated fee for a single trial advocate representing one assisted person in a guilty plea or cracked trial is—
(a)the basic fee specified in the table following paragraph 7 as appropriate to the offence with which the assisted person is charged, the category of trial advocate and whether the case is a guilty plea or a cracked trial; and
(b)the evidence uplift, as appropriate to the number of pages of prosecution evidence, calculated in accordance with the table following paragraph 7.
7.—(1) Subject to sub-paragraphs (2) and (3), for the purposes of paragraph 6 the basic fee and evidence uplift appropriate to any offence are specified in the Tables following this paragraph in accordance with the class within which that offence falls.
(2) Where—
(a)the trial of a case does not commence on the date first fixed; or
(b)the case is not taken and disposed of from the first warned list in which it is entered,
the basic fee and evidence uplift for the offence are specified for the last third in the Table referred to in sub-paragraph (1).
(3) In this paragraph, and in the Tables following this paragraph, references to the first, second and last third are references to the first, second and last third—
(a)where a case is first listed for trial on a fixed date, of the period of time beginning after the date on which the case is so listed and ending before the date so fixed,
(b)where the case is first placed in a warned list, of the period of time beginning after the date on which the case is so placed and ending before the date of the start of that warned list, and
where the number of days in this period of time cannot be divided by three equally, any days remaining after such division must be added to the last third.
(4) Where a graduated fee is calculated in accordance with this Part for the purposes of paragraph 2(4), the fee must be calculated as if the trial had cracked in the final third.
| Class of Offence | Basic fee | Evidence uplift per page of prosecution evidence (pages 1 to 1,000) | Evidence uplift per page of prosecution evidence (1,001 to 10,000) |
|---|---|---|---|
| QC | |||
| A | £2,358.00 | £2.53 | £1.17 |
| B | £1,509.00 | £2.08 | £1.04 |
| C | £1,415.00 | £1.48 | £0.74 |
| D | £1,509.00 | £3.30 | £1.65 |
| E | £1,250.00 | £1.06 | £0.53 |
| F | £1,250.00 | £1.39 | £0.70 |
| G | £1,415.00 | £1.84 | £0.92 |
| H | £1,415.00 | £1.91 | £0.95 |
| I | £1,415.00 | £1.86 | £0.92 |
| J | £1,981.00 | £3.30 | £1.65 |
| K | £1,981.00 | £1.84 | £0.92 |
| Leading Junior | |||
| A | £1,768.50 | £1.90 | £0.88 |
| B | £1,131.75 | £1.56 | £0.78 |
| C | £1,061.25 | £1.11 | £0.56 |
| D | £1,131.75 | £2.48 | £1.24 |
| E | £937.50 | £0.80 | £0.40 |
| F | £937.50 | £1.04 | £0.53 |
| G | £1,061.25 | £1.38 | £0.69 |
| H | £1,061.25 | £1.43 | £0.71 |
| I | £1,061.25 | £1.40 | £0.69 |
| J | £1,485.75 | £2.48 | £1.24 |
| K | £1,485.75 | £1.38 | £0.69 |
| Led Junior | |||
| A | £1,179.00 | £1.27 | £0.59 |
| B | £754.50 | £1.04 | £0.52 |
| C | £707.50 | £0.74 | £0.37 |
| D | £754.50 | £1.65 | £0.83 |
| E | £625.00 | £0.53 | £0.27 |
| F | £625.00 | £0.70 | £0.35 |
| G | £707.50 | £0.92 | £0.46 |
| H | £707.50 | £0.96 | £0.48 |
| I | £707.50 | £0.93 | £0.46 |
| J | £990.50 | £1.65 | £0.83 |
| K | £990.50 | £0.92 | £0.46 |
| Junior alone | |||
| A | £1,312.00 | £1.08 | £0.54 |
| B | £802.00 | £0.94 | £0.47 |
| C | £519.00 | £0.69 | £0.35 |
| D | £802.00 | £1.37 | £0.68 |
| E | £472.00 | £0.41 | £0.20 |
| F | £472.00 | £0.63 | £0.31 |
| G | £755.00 | £1.18 | £0.59 |
| H | £566.00 | £0.63 | £0.32 |
| I | £660.00 | £0.49 | £0.25 |
| J | £1,132.00 | £1.37 | £0.68 |
| K | £1,132.00 | £1.18 | £0.59 |
| A case that cracks in the second third | A case that cracks in the final third | ||||
|---|---|---|---|---|---|
| Class of Offence | Basic Fee | Evidence uplift per page of prosecution evidence (pages 1 to 250) | Evidence uplift per page of prosecution evidence (pages 251 to 1,000) | Evidence uplift per page of prosecution evidence (pages 1,001 to 10,000) | Evidence uplift per page of prosecution evidence (pages 1,001 to 10,000) |
| QC | |||||
| A | £3,585.00 | £4.70 | £1.17 | £1.55 | £4.70 |
| B | £2,264.00 | £4.16 | £1.04 | £1.38 | £4.16 |
| C | £1,975.00 | £2.95 | £0.74 | £0.97 | £2.95 |
| D | £2,264.00 | £6.59 | £1.65 | £2.18 | £6.59 |
| E | £1,600.00 | £2.11 | £0.53 | £0.70 | £2.11 |
| F | £1,600.00 | £2.77 | £0.70 | £0.92 | £2.77 |
| G | £2,000.00 | £3.68 | £0.92 | £1.22 | £3.68 |
| H | £2,000.00 | £3.80 | £0.95 | £1.25 | £3.80 |
| I | £2,075.00 | £3.72 | £0.92 | £1.23 | £3.72 |
| J | £3,019.00 | £6.59 | £1.65 | £2.18 | £6.59 |
| K | £3,019.00 | £3.68 | £0.92 | £1.22 | £3.68 |
| Leading Junior | |||||
| A | £2,688.75 | £3.53 | £0.88 | £1.16 | £3.53 |
| B | £1,698.00 | £3.12 | £0.78 | £1.04 | £3.12 |
| C | £1,481.25 | £2.21 | £0.56 | £0.73 | £2.21 |
| D | £1,698.00 | £4.94 | £1.24 | £1.64 | £4.94 |
| E | £1,200.00 | £1.58 | £0.40 | £0.53 | £1.58 |
| F | £1,200.00 | £2.08 | £0.53 | £0.69 | £2.08 |
| G | £1,500.00 | £2.76 | £0.69 | £0.92 | £2.76 |
| H | £1,500.00 | £2.85 | £0.71 | £0.94 | £2.85 |
| I | £1,556.25 | £2.79 | £0.69 | £0.92 | £2.79 |
| J | £2,264.25 | £4.94 | £1.24 | £1.64 | £4.94 |
| K | £2,264.25 | £2.76 | £0.69 | £0.92 | £2.76 |
| Led Junior | |||||
| A | £1,792.50 | £2.35 | £0.59 | £0.78 | £2.35 |
| B | £1,132.00 | £2.08 | £0.52 | £0.69 | £2.08 |
| C | £987.50 | £1.48 | £0.37 | £0.49 | £1.48 |
| D | £1,132.00 | £3.30 | £0.83 | £1.09 | £3.30 |
| E | £800.00 | £1.06 | £0.27 | £0.35 | £1.06 |
| F | £800.00 | £1.39 | £0.35 | £0.46 | £1.39 |
| G | £1,000.00 | £1.84 | £0.46 | £0.61 | £1.84 |
| H | £1,000.00 | £1.90 | £0.48 | £0.63 | £1.90 |
| I | £1,037.50 | £1.86 | £0.46 | £0.62 | £1.86 |
| J | £1,509.50 | £3.30 | £0.83 | £1.09 | £3.30 |
| K | £1,509.50 | £1.84 | £0.46 | £0.61 | £1.84 |
| Junior alone | |||||
| A | £1,981.00 | £4.63 | £2.15 | £0.71 | £2.15 |
| B | £1,179.00 | £4.03 | £1.88 | £0.62 | £1.88 |
| C | £755.00 | £2.99 | £1.39 | £0.46 | £1.39 |
| D | £1,050.00 | £5.87 | £2.73 | £0.90 | £2.73 |
| E | £660.00 | £1.75 | £0.82 | £0.27 | £0.82 |
| F | £660.00 | £2.70 | £1.25 | £0.42 | £1.25 |
| G | £1,132.00 | £5.08 | £2.37 | £0.78 | £2.37 |
| H | £802.00 | £2.71 | £1.26 | £0.42 | £1.26 |
| I | £943.00 | £2.11 | £0.98 | £0.32 | £0.98 |
| J | £1,698.00 | £5.87 | £2.73 | £0.90 | £2.73 |
| K | £1,604.00 | £5.08 | £2.37 | £0.78 | £2.37 |
8. Except as provided under this Part, all work undertaken by an advocate is included within the basic fee (B) specified in the Table following paragraph 5 as appropriate to—
(a)the offence for which the assisted person is tried;
(b)the category of advocate; and
(c)whether the case is a cracked trial, guilty plea or trial.
9.—(1) The fee payable in respect of—
(a)an appearance by the trial advocate or substitute advocate at the first plea and case management hearing or pre-trial review; and
(b)up to four standard appearances by the trial advocate or substitute advocate,
is included within the basic fee (B) specified in paragraph 5 as appropriate to the offence for which the assisted person is tried and the category of trial advocate.
(2) The fee payable in respect of an appearance by the trial advocate or substitute advocate at a plea and case management hearing or standard appearance not included in sub-paragraph (1) is specified in the Table following paragraph 19 as appropriate to the category of trial advocate or substitute advocate.
(3) The fee payable for preparing and filing the plea and case management questionnaire where no oral hearing takes place is specified in the Table following paragraph 19 as appropriate to the category of trial advocate or substitute advocate.
(4) This paragraph does not apply to a standard appearance which is or forms part of the main hearing in a case or to a hearing for which a fee is payable elsewhere under this Schedule.
10.—(1) This paragraph applies to—
(a)the hearing of an application to stay the case on indictment or any count on the ground that the proceedings constitute an abuse of the process of the court;
(b)any hearing relating to the question of whether any material should be disclosed by the prosecution to the defence or the defence to the prosecution (whether or not any claim to public interest immunity is made);
(c)the hearing of an application under section 2(1) of the Criminal Procedure (Attendance of Witnesses) Act 1965(6) (issue of witness summons on application to Crown Court) for disclosure of material held by third parties;
(d)any hearing relating to the question of the admissibility as evidence of any material; and
(e)the hearing of an application to withdraw a plea of guilty where the application is—
(i)made by an advocate other than the advocate who appeared at the hearing at which the plea of guilty was entered; and
(ii)unsuccessful.
(2) Where a hearing to which this paragraph applies is held on any day of the main hearing of a case on indictment, no separate fee is payable in respect of attendance at the hearing, but the hearing is included in the length of the main hearing for the purpose of calculating the fees payable.
(3) Where a hearing to which this paragraph applies is held prior to the first or only day of the main hearing, it is not included in the length of the main hearing for the purpose of calculating the fees payable and the trial advocate or substitute advocate must be remunerated for attendance at such a hearing—
(a)in respect of any day where the hearing begins before and ends after the luncheon adjournment, at the daily rate set out in the Table following paragraph 19 as appropriate to the category of trial advocate or substitute advocate; or
(b)in respect of any day where the hearing begins and ends before the luncheon adjournment, or begins after the luncheon adjournment, at the half-daily rate set out in the Table following paragraph 19 as appropriate to the category of trial advocate or substitute advocate.
11.—(1) This paragraph applies to—
(a)a hearing under Part 2 of the Proceeds of Crime Act 2002(7) (confiscation: England and Wales);
(b)a hearing under section 2 of the Drug Trafficking Act 1994;(8) (confiscation orders) and
(c)a hearing under section 71 of the Criminal Justice Act 1988(9) (confiscation orders).
(2) A hearing to which this paragraph applies is not included in the length of the main hearing or of any sentencing hearing for the purpose of calculating the fees payable, and the trial advocate or substitute advocate must be remunerated for attendance at such a hearing—
(a)in respect of any day where the hearing begins before and ends after the luncheon adjournment, at the daily rate set out in the Table following paragraph 19 as appropriate to the category of trial advocate or substitute advocate; or
(b)in respect of any day where the hearing begins and ends before the luncheon adjournment, or begins after the luncheon adjournment, at the half-daily rate set out in the Table following paragraph 19 as appropriate to the category of trial advocate or substitute advocate.
12.—(1) This paragraph applies to—
(a)a sentencing hearing following a case on indictment to which this Schedule applies, where sentence has been deferred under section 1 of the Powers of Criminal Courts (Sentencing) Act 2000(10) (deferment of sentence); or
(b)a sentencing hearing following a case on indictment to which this Schedule applies, other than a hearing within paragraph (a) or a sentencing hearing forming part of the main hearing.
(2) The fee payable to an advocate for appearing at a hearing to which this paragraph applies is that set out in the Table following paragraph 19 as appropriate to the category of trial advocate or substitute advocate and the circumstances of the hearing.
13. The fee set out in the Table following paragraph 19 as appropriate to the category of trial advocate will be payable in respect of each day on which the case was listed for trial but did not proceed on the day for which it was listed, for whatever reason.
14.—(1) This paragraph applies where, in any case on indictment in the Crown Court in respect of which a graduated fee is payable under Part 2 or Part 3—
(a)it has been necessary for an advocate to do work by way of preparation substantially in excess of the amount normally done for cases of the same type because the case involves a very unusual or novel point of law or factual issue;
(b)the number of pages of prosecution evidence, as defined in paragraph 1(2), exceeds 10,000 and the appropriate officer considers it reasonable to make a payment in excess of the graduated fee payable under this Schedule; or
(c)any or all of the prosecution evidence, as defined in paragraph 1(2), is served in electronic form only, and the appropriate officer considers it reasonable to make a payment in excess of the graduated fee payable under this Schedule.
(2) Where this paragraph applies, a special preparation fee may be paid, in addition to the graduated fee payable under Part 2 or Part 3.
(3) The amount of the special preparation fee must be calculated—
(a)where sub-paragraph (1)(a) applies, from the number of hours preparation in excess of the amount the appropriate officer considers reasonable for cases of the same type;
(b)where sub-paragraph (1)(b) applies, from the number of hours which the appropriate officer considers reasonable to read the excess pages; and
(c)where sub-paragraph (1)(c) applies, from the number of hours which the appropriate officer considers reasonable to view the prosecution evidence,
and in each case using the rates of hourly fees set out in the table following paragraph 19 as appropriate to the category of trial advocate.
(4) Any claim for a special preparation fee under this paragraph must be made by an instructed advocate, whether or not he did the work claimed for.
(5) An instructed advocate claiming a special preparation fee must supply such information and documents as may be required by the appropriate officer in support of the claim.
(6) In determining a claim under this paragraph, the appropriate officer must take into account all the relevant circumstances of the case, including, where special preparation work has been undertaken by more than one advocate, the benefit of such work to the trial advocate.
15.—(1) A wasted preparation fee may be claimed where a trial advocate in any case to which this paragraph applies is prevented from representing the assisted person in the main hearing by any of the following circumstances—
(a)the trial advocate is instructed to appear in other proceedings at the same time as the main hearing in the case and has been unable to secure a change of date for either the main hearing or the other proceedings;
(b)the date fixed for the main hearing is changed by the court despite the trial advocate’s objection;
(c)the trial advocate has withdrawn from the case with the leave of the court because of his professional code of conduct or to avoid embarrassment in the exercise of his profession;
(d)the trial advocate has been dismissed by the assisted person or the litigator; or
(e)the trial advocate is obliged to attend at any place by reason of a judicial office held by him or other public duty.
(2) This paragraph applies to every case on indictment to which this Schedule applies provided that—
(a)the case goes to trial, and the trial lasts for five days or more; or
(b)the case is a cracked trial, and the number of pages of prosecution evidence exceeds 150.
(3) The amount of the wasted preparation fee must be calculated from the number of hours of preparation reasonably carried out by the trial advocate, using the rates for hourly fees set out in the Table following paragraph 19 as appropriate to the category of trial advocate, but no such fee is payable unless the number of hours of preparation is eight or more.
(4) Any claim for a wasted preparation fee under this paragraph must be made by an instructed advocate, whether or not he did the work claimed for.
(5) An instructed advocate claiming a wasted preparation fee must supply such information and documents as may be required by the appropriate officer as proof of the circumstances in which he was prevented from representing the assisted person and of the number of hours of preparation.
16.—(1) This paragraph applies to the following types of work—
(a)attendance by the trial advocate at pre-trial conferences with prospective or actual expert witnesses not held at court;
(b)attendance by the trial advocate at views at the scene of the alleged offence;
(c)attendance by the trial advocate at pre-trial conferences with the assisted person not held at court;
(d)reasonable travelling time by the trial advocate for the purpose of attending a view at the scene of the alleged offence; or
(e)reasonable travelling time by the trial advocate for the purpose of attending a pre-trial conference with the assisted person or prospective or actual expert witness, where the appropriate officer is satisfied that the assisted person or prospective or actual expert witness was unable or could not reasonably have been expected to attend a conference at the trial advocate’s chambers or office.
(2) The fees payable in respect of attendance at the first three pre-trial conferences or views, as set out in sub-paragraph (1)(a) to (c), are included in the basic fee (B) specified in the Table following paragraph 5 or paragraph 7, as appropriate to the offence for which the assisted person is tried, the category of trial advocate and whether the case is a guilty plea, cracked trial or trial, provided that the trial advocate satisfies the appropriate officer that the work was reasonably necessary.
(3) The fee specified in the Table following paragraph 19 as appropriate to the category of trial advocate will be payable in the following circumstances, provided that the trial advocate satisfies the appropriate officer that the work was reasonably necessary—
(a)for trials lasting not less than 21 and not more than 25 days, and cracked trials where it was accepted by the court at the plea and case management hearing that the trial would last not less than 21 days and not more than 25 days, one further pre-trial conference or view not exceeding two hours;
(b)for trials lasting not less than 26 and not more than 35 days, and cracked trials where it was accepted by the court at the plea and case management hearing that the trial would last not less than 26 days and not more than 35 days, two further pre-trial conferences or views each not exceeding two hours; and
(c)for trials lasting not less than 36 days, and cracked trials where it was accepted by the court at the plea and case management hearing that the trial would last not less than 36 days and not more than 40 days, three further pre-trial conferences or views each not exceeding two hours.
(4) Travel expenses must be paid for all conferences and views set out in sub-paragraph (1)(a) to (c), provided that the trial advocate satisfies the appropriate officer that they were reasonably incurred.
(5) Travelling time must be paid for all conferences and views set out in sub-paragraph (1)(a) to (c), provided that the trial advocate satisfies the appropriate officer that it was reasonable.
17.—(1) Subject to sub-paragraphs (4) and (5) and paragraph 21 the fee payable to a trial advocate in any of the hearings referred to in paragraph 2(1)(b) is the fixed fee specified in the Table following paragraph 19.
(2) Where a hearing referred to in paragraph 2(1)(b) is listed but cannot proceed because of the failure of the assisted person or a witness to attend, the unavailability of a pre-sentence report, or other good reason, the fee payable to the advocate is the fixed fee specified in the Table following paragraph 19.
(3) Where—
(a)a bail application;
(b)a mention hearing; or
(c)any other application
takes place in the course of a hearing referred to in paragraph 2(1)(b), the fee payable to the advocate is the fixed fee specified in the Table following paragraph 19.
(4) Where it appears to the appropriate officer that the fixed fee allowed under sub-paragraph (1) would be inappropriate taking into account all of the relevant circumstances of the case he may instead allow fees in such amounts as appear to him to be reasonable remuneration for the relevant work in accordance with sub-paragraph (5).
(5) The appropriate officer may allow any of the following classes of fees to an advocate in respect of work allowed by him under this paragraph—
(a)a fee for preparation including, where appropriate, the first day of the hearing including, where they took place on that day—
(i)short conferences;
(ii)consultations;
(iii)applications and appearances (including bail applications);
(iv)views at the scene of the alleged offence; and
(v)any other preparation;
(b)a refresher fee for any day or part of a day for which a hearing continued, including, where they took place on that day—
(i)short conferences;
(ii)consultations;
(iii)applications and appearances (including bail applications);
(iv)views at the scene of the alleged offence; and
(v)any other preparation; and
(c)subsidiary fees for—
(i)attendance at conferences, consultations and views at the scene of the alleged offence not covered by paragraph (a) or (b);
(ii)written advice on evidence, plea, appeal, case stated or other written work; and
(iii)attendance at applications and appearances (including bail applications and adjournments for sentence) not covered by paragraph (a) or (b).
18.—(1) This paragraph applies to proceedings which are—
(a)sent for trial to the Crown Court under section 51 of the Crime and Disorder Act 1998 (no committal proceedings for indictable-only offences); or
(b)transferred to the Crown Court under—
(i)section 4 of the Criminal Justice Act 1987 (transfer of serious fraud cases); or
(ii)section 53 of the Criminal Justice Act 1991 (transfer of certain cases involving children).
(2) Where proceedings referred to in sub-paragraph (1) are discontinued by a notice served under section 23A of the Prosecution of Offences Act 1985 (discontinuance of proceedings after accused has been sent for trial) at any time before the prosecution serves its evidence in accordance with the Crime and Disorder Act 1998 (Service of Prosecution Evidence) Regulations 2005(11) the advocate must be paid 50 percent of the Basic fee (B) for a guilty plea, as specified in the Table following paragraph 7 as appropriate to the offence for which the assisted person is charged and the category of advocate.
(3) Where proceedings referred to in sub-paragraph (1) are discontinued by a notice served under section 23A of the Prosecution of Offences Act 1985 (discontinuance of proceedings after accused has been sent for trial) at any time after the prosecution serves its evidence in accordance with the Crime and Disorder Act 1998 (Service of Prosecution Evidence) Regulations 2005, the advocate must be paid a graduated fee calculated in accordance with paragraph 6, as appropriate for representing an assisted person in a guilty plea.
(4) Where, at the plea and case management hearing or any other hearing after the prosecution serves its evidence,—
(a)the prosecution offers no evidence and the assisted person is discharged; or
(b)the assisted person is charged on an indictment which includes no offence that is triable only on indictment and the case is remitted to the magistrates’ court in accordance with paragraph 10(3)(a) of Schedule 3 to the Crime and Disorder Act 1998 (procedure where no indictable-only offence remains),
the advocate instructed in the proceedings must be paid a graduated fee calculated in accordance with paragraph 6, as appropriate for representing an assisted person in a guilty plea.
(5) Where an application for dismissal is made under paragraph 2 of Schedule 3 to the Crime and Disorder Act 1998 (applications for dismissal), section 6 of the Criminal Justice Act 1987 (applications for dismissal) or paragraph 5 of Schedule 6 to the Criminal Justice Act 1991 (applications for dismissal), the advocate must be remunerated for attendance at the hearing of the application for dismissal—
(a)in respect of any day where the hearing begins before and ends after the luncheon adjournment, at the daily rate set out in the Table following paragraph 19 as appropriate to the category of advocate; or
(b)in respect of any day where the hearing begins and ends before the luncheon adjournment, or begins after the luncheon adjournment, at the half-daily rate set out in that Table as appropriate to the category of advocate,
provided that a fee is not payable elsewhere under this Schedule in respect of any day of the hearing.
(6) Where an application for dismissal is made under paragraph 2 of Schedule 3 to the Crime and Disorder Act 1998, section 6 of the Criminal Justice Act 1987 or paragraph 5 of Schedule 6 to the Criminal Justice Act 1991, and—
(a)the charge, or charges, are dismissed and the assisted person is discharged; or
(b)the charge, or charges, of an offence triable only on indictment are dismissed and the case is remitted to the magistrates’ court in accordance with paragraph 10(3)(a) of Schedule 3 to the Crime and Disorder Act 1998,
in respect of the first day of the hearing of the application to dismiss, the advocate instructed in the proceedings must be paid a graduated fee calculated in accordance with paragraph 6, as appropriate for representing an assisted person in a guilty plea.
(7) Where an advocate represents more than one assisted person in proceedings referred to in sub-paragraph (1), the advocate must be paid a fixed fee of 20 percent of —
(a)the fee specified in sub-paragraph (2) where that sub-paragraph applies; or
(b)the Basic fee (B) specified in the Table following paragraph 7 where sub-paragraph (3), (4) or (5) applies, as appropriate for the circumstances set out in the relevant sub-paragraph,
in respect of each additional assisted person he represents.
19. The fee payable to an advocate retained solely for the purpose of making a note of any hearing must be the daily fee set out in the table following this paragraph.
| Category of work | Paragraph providing for fee | Fee for QC | Fee for leading junior | Fee for led junior or junior alone |
|---|---|---|---|---|
| Standard appearance | 9(2) | £200 per day | £150 per day | £100 per day |
| Paper plea and case management hearing | 9(3) | £30 per case | £30 per case | £30 per case |
| Abuse of process hearing | 10(1)(a) | Half day £300 | Half day £225 | Half day £150 |
| Full day £575 | Full day £400 | Full day £275 | ||
| Hearings relating to disclosure | 10(1)(b) and (c) | Half day £300 | Half day £225 | Half day £150 |
| Full day £575 | Full day £400 | Full day £275 | ||
| Hearings relating to the admissibility of evidence | 10(1)(d) | Half day £300 | Half day £225 | Half day £150 |
| Full day £575 | Full day £400 | Full day £275 | ||
| Hearings on withdrawal of a plea of guilty | 10(1)(e) | Half day £300 | Half day £225 | Half day £150 |
| Full day £575 | Full day £400 | Full day £275 | ||
| Confiscation hearings | 11 | Half day £300 | Half day £225 | Half day £150 |
| Full day £575 | Full day £400 | Full day £275 | ||
| Deferred sentencing hearing | 12(1)(a) | £375 per day | £275 per day | £200 per day |
| Sentencing hearing | 12(1)(b) | £300 per day | £200 per day | £125 per day |
| Ineffective trial payment | 13 | £325 per day | £225 per day | £150 per day |
| Special preparation | 14 | £85 per hour | £65 per hour | £45 per hour |
| Wasted preparation | 15 | £85 per hour | £65 per hour | £45 per hour |
| Conferences and views | 16 | £85 per hour | £65 per hour | £45 per hour |
| Appeals to the Crown Court against conviction | 17(1) | £300 per day | £225 per day | £150 per day |
| Appeals to the Crown Court against sentence | 17(1) | £250 per day | £175 per day | £125 per day |
| Proceedings relating to breach of an order of the Crown Court | 17(1) | £250 per day | £175 per day | £125 per day |
| Committal for sentence | 17(1) | £300 per day | £225 per day | £150 per day |
| Adjourned appeals, committals for sentence and breach hearings | 17(2) | £200 per day | £150 per day | £100 per day |
| Bail applications, mentions and other applications in appeals, committals for sentence and breach hearings | 17(3) | £200 per day | £150 per day | £100 per day |
| Second and subsequent days of an application to dismiss | 18(6) | Half day £300 Full day £575 | Half day £225 Full day £400 | Half day £150 Full day £275 |
| Noting brief | 19 | - | - | £125 per day |
20.—(1) Where an instructed advocate is appointed before the plea and case management hearing, he must notify the Court in writing as soon as he is appointed and, where appropriate, he must confirm whether he is the leading instructed advocate or the led instructed advocate.
(2) Where the representation order provides for a single advocate and no instructed advocate has been notified to the Court in accordance with sub-paragraph (1)—
(a)the barrister or solicitor advocate who attends the plea and case management hearing will be deemed to be the instructed advocate; and
(b)the Court will make a written record of this fact.
(3) Where the representation order provides for a single advocate and no barrister or solicitor advocate attends the plea and case management hearing—
(a)the barrister or solicitor advocate who attends the next hearing in the case will be deemed to be the instructed advocate; and
(b)the Court will make a written record of this fact.
(4) Where the representation order provides for more than one advocate, and no leading instructed advocate has been notified to the Court in accordance with sub-paragraph (1), the leading advocate who attends—
(a)the plea and case management hearing; or
(b)where no leading advocate attends the plea and case management hearing, the next hearing in the case attended by a leading advocate
will be deemed to be the leading instructed advocate, and the Court will make a written record of this fact.
(5) Where the representation order provides for more than one advocate, and no led instructed advocate has been notified to the Court in accordance with sub-paragraph (1), the led advocate who attends—
(a)the plea and case management hearing; or
(b)where no led advocate attends the plea and case management hearing, the next hearing in the case attended by a led advocate
will be deemed to be the led instructed advocate, the Court will make a written record of this fact.
(6) Where a representation order is amended after the plea and case management hearing to provide for more than one advocate—
(a)the additional instructed advocate must notify the Court in writing of his appointment within 7 days of the date on which the representation order is amended; and
(b)each instructed advocate must notify the Court whether he is the leading instructed advocate or the led instructed advocate.
(7) Where no additional instructed advocate has been notified to the Court in accordance with sub-paragraph (6)(a), the advocate who attends the next hearing in the case will be deemed to be an instructed advocate and the Court will record in writing whether he is the leading instructed advocate or the led instructed advocate, as appropriate to the circumstances of the case.
(8) The Court will attach—
(a)any notice received under sub-paragraph (1) or sub-paragraph (6); and
(b)any record made by it under sub-paragraph (2), (3), (4), (5) or (7)
to the representation order.
(9) An instructed advocate must remain as instructed advocate at all times, except where—
(a)a date for trial is fixed at or before the plea and case management hearing and the instructed advocate is unable to conduct the trial due to his other pre-existing commitments;
(b)he is dismissed by the assisted person or the litigator; or
(c)he is required to withdraw because of his professional code of conduct.
(10) Where, in accordance with sub-paragraph (9), an instructed advocate withdraws, he must—
(a)immediately notify the court of his withdrawal—
(i)in writing; or
(ii)where the withdrawal takes place at a plea and case management hearing, orally; and
(b)within 7 days of the date of his withdrawal, notify the court in writing of the identity of a replacement instructed advocate, who must fulfil all the functions of an instructed advocate in accordance with this Order.
(11) This paragraph does not apply to a claim for fees under paragraph 27, 28 or 29.
21.—(1) In accordance with article 23 the appropriate officer must notify each instructed advocate of the total fees payable and authorise payment to him accordingly.
(2) Payment of the fees in accordance with sub-paragraph (1) must be made to each instructed advocate.
(3) Where the representation order provides for a single advocate, the instructed advocate is responsible for arranging payment of fees to the trial advocate and any substitute advocate who has undertaken work on the case.
(4) Where there are two instructed advocates for an assisted person, payment must be made to each instructed advocate individually, and—
(a)the leading instructed advocate is responsible for arranging payment of fees to the trial advocate and any substitute advocate who have undertaken work on the case of a type for which a leading advocate is responsible; and
(b)the led instructed advocate is responsible for arranging payment of fees to the trial advocate and any substitute advocate who have undertaken work on the case of a type for which a led advocate is responsible.
(5) This paragraph does not apply to a claim for fees under paragraph 27, 28 or 29.
22.—(1) Where an assisted person is charged with more than one offence on one indictment, the graduated fee payable to the trial advocate under this Schedule will be based on whichever of those offences the trial advocate selects.
(2) Where two or more cases to which this Schedule applies involving the same trial advocate are heard concurrently (whether involving the same or different assisted persons)—
(a)the trial advocate must select one case (“the principal case”), which must be treated for the purposes of remuneration in accordance with this Schedule;
(b)in respect of the main hearing in each of the other cases the trial advocate must be paid a fixed fee of 20 per cent of—
(i)the basic fee (B) specified in the Table following paragraph 5 or paragraph 7, as appropriate, for the principal case, where that is a case falling within paragraph 2(1)(a), or
(ii)the fixed fee for the principal case, where that is a case falling within paragraph 2 (1)(b).
(3) Where a trial advocate or substitute advocate appears at a hearing specified in paragraph 9, 10, 11, 12 or 13, forming part of two or more cases involving different assisted persons, he must be paid—
(a)in respect of the first such case, the fixed fee for that hearing specified in the Table following paragraph 19; and
(b)in respect of each of the other cases, 20 per cent of that fee.
(4) Subject to sub-paragraphs (1) to (3), where a trial advocate or substitute advocate appears at a hearing forming part of two or more cases, he must be paid the fixed fee for that hearing specified in the Table following paragraph 19 in respect of one such case, without any increase in respect of the other cases.
(5) Where a trial advocate selects—
(a)one offence, in preference to another offence, under sub-paragraph (1); or
(b)one case as the principal case, in preference to another case, under sub-paragraph (2),
that selection does not affect his right to claim any of the fees set out in the Table following paragraph 19 to which he would otherwise have been entitled.
23.—(1) Where a representation order provides for three advocates in a case the provisions of this Schedule will apply, and the fees payable to the led juniors in accordance with Part 2 or Part 3 will be payable to each led junior who is instructed in the case.
(2) Where—
(a)the assisted person is represented by a single trial advocate; and
(b)another person charged on the same indictment with an offence falling within the same class is represented by two trial advocates,
the single trial advocate must be paid the same fee as if he were appearing as junior to another trial advocate.
(3) Sub-paragraph (2) does not apply where the charge which the single trial advocate is instructed to defend (or, where there is more than one such charge, the charge forming the basis of remuneration in accordance with paragraph 21(1)) is for an offence falling within Class A.
24. Where an advocate is instructed to appear in a court which is not within 40 kilometres of his office or chambers, the appropriate officer may allow an amount for travelling and other expenses incidental to that appearance, provided that the amount must not be greater than the amount, if any, which would be payable to a trial advocate from the nearest local Bar or the nearest advocate’s office (whichever is the nearer) unless the advocate instructed to appear has obtained prior approval under CDS Regulations for the incurring of such expenses or can justify his attendance having regard to all the relevant circumstances of the case.
25. Where a trial exceeds 40 days, but is not a Very High Cost Case which is the subject of an individual contract for the provision of funded services, the trial advocate must be paid a fee as set out in the Table following this paragraph, as appropriate to the category of trial advocate and the class of offence, for each day by which the trial exceeds 40 days.
| Class of Offence | Daily rate payable for days 41 to 50 | Daily rate payable for days 51 and over |
|---|---|---|
| QC | ||
| A | £635 | £680 |
| B | £447 | £479 |
| C | £447 | £479 |
| D | £447 | £479 |
| E | £447 | £479 |
| F | £447 | £479 |
| G | £447 | £479 |
| H | £447 | £479 |
| I | £447 | £479 |
| J | £447 | £479 |
| K | £447 | £479 |
| Leading Junior | ||
| A | £544 | £583 |
| B | £383 | £411 |
| C | £383 | £411 |
| D | £383 | £411 |
| E | £383 | £411 |
| F | £383 | £411 |
| G | £383 | £411 |
| H | £383 | £411 |
| I | £383 | £411 |
| J | £383 | £411 |
| K | £383 | £411 |
| Led Junior | ||
| A | £363 | £389 |
| B | £256 | £274 |
| C | £256 | £274 |
| D | £256 | £274 |
| E | £256 | £274 |
| F | £256 | £274 |
| G | £256 | £274 |
| H | £256 | £274 |
| I | £256 | £274 |
| J | £256 | £274 |
| K | £256 | £274 |
| Junior acting alone | ||
| A | £435 | £467 |
| B | £286 | £306 |
| C | £286 | £306 |
| D | £307 | £329 |
| E | £260 | £279 |
| F | £260 | £279 |
| G | £307 | £329 |
| H | £286 | £306 |
| I | £286 | £306 |
| J | £307 | £329 |
| K | £307 | £329 |
26. Where in any case a hearing is held to determine the question of whether the assisted person is unfit to plead or to stand trial (a “fitness hearing”)—
(a)if a trial on indictment is held, or continues, at any time thereafter, the length of the fitness hearing is included in determining the length of the trial for the calculation of the graduated fee in accordance with Part 2 or Part 3;
(b)if a trial on indictment is not held, or does not continue, thereafter by reason of the assisted person being found unfit to plead or to stand trial, the trial advocate must be paid—
(i)a graduated fee calculated in accordance with paragraph 4 as appropriate to the combined length of—
(aa)the fitness hearing; and
(bb)any hearing under section 4A of the Criminal Procedure (Insanity) Act 1964(12) (finding that the accused did the act or made the omission charged against him); or
(ii)a graduated fee calculated in accordance with paragraph 6 as appropriate for representing an assisted person in a cracked trial,
whichever the trial advocate elects; and
(c)if at any time the assisted person pleads guilty to the indictable offence, the trial advocate must be paid either—
(i)a graduated fee calculated in accordance with paragraph 4 as appropriate to the length of the fitness hearing; or
(ii)a graduated fee calculated in accordance with paragraph 6 as appropriate for representing an assisted person in a guilty plea,
whichever the trial advocate elects.
27.—(1) Where in any case on indictment an advocate is retained solely for the purpose of cross-examining a witness under section 38 of the Youth Justice and Criminal Evidence Act 1999(13) (defence representation for purposes of cross-examination), he must be paid a graduated fee calculated in accordance with paragraph 4.
(2) For the purposes of this paragraph the daily attendance fee (D) is as set out in the Table following paragraph 5 as appropriate to the number of days of attendance at court by the advocate.
28.—(1) Where in any case on indictment an advocate is assigned under a representation order solely for the purpose of providing written or oral advice, he will be paid for the reasonable number of hours of preparation for that advice using the rates of hourly fees for special preparation set out in the table following paragraph 19 as appropriate to the category of trial advocate.
(2) An advocate claiming a fee for advice under this paragraph may apply to the appropriate officer to redetermine the fee under article 29 and he must supply such information and documents as may be required by the appropriate officer as proof of the number of hours of preparation.
29.—(1) Where in any case on indictment an advocate is assigned under a representation order to appear at a sentencing hearing solely for the purpose of applying to the court to mitigate the assisted person’s sentence, he must be paid in respect of that appearance the fee payable under paragraph 12 together with a fee calculated from the reasonable number of hours of preparation for that appearance using the rates of hourly fees for special preparation set out in the table following paragraph 19 as appropriate to the category of trial advocate.
(2) An advocate claiming an hourly preparation fee under this paragraph may apply to the appropriate officer to redetermine such hourly fee under article 29 and he must supply such information and documents as may be required by the appropriate officer as proof of the number of hours of preparation.
| Offence | Contrary to | Year and chapter |
|---|---|---|
| Class A: Homicide and related grave offences | ||
| Murder | Common law | |
| Manslaughter | Common law | |
| Soliciting to commit murder | Offences against the Person Act 1861 s.4 | 1861 c. 100 |
| Child destruction | Infant Life (Preservation) Act 1929 s.1(1) | 1929 c. 34 |
| Infanticide | Infanticide Act 1938 s.1(1) | 1938 c. 36 |
| Causing explosion likely to endanger life or property | Explosive Substances Act 1883 s.2 | 1883 c. 3 |
| Attempt to cause explosion, making or keeping explosive etc. | Explosive Substances Act 1883 s.3 | as above |
| Class B: Offences involving serious violence or damage, and serious drugs offences | ||
| Endangering the safety of an aircraft | Aviation Security Act 1982 s. 2(1)(b) | 1982 c. 36 |
| Racially-aggravated arson (not endangering life) | Crime and Disorder Act 1998 s. 30(1) | 1998 c. 37 |
| Kidnapping | Common law | |
| False imprisonment | Common law | |
| Aggravated criminal damage | Criminal Damage Act 1971 s.1(2) | 1971 c. 48 |
| Aggravated arson | Criminal Damage Act 1971 s.1(2), (3) | as above |
| Arson (where value exceeds £30,000) | Criminal Damage Act 1971 s.1(3) | as above |
| Possession of firearm with intent to endanger life | Firearms Act 1968 s.16 | 1968 c. 27 |
| Use of firearm to resist arrest | Firearms Act 1968 s.17 | as above |
| Possession of firearm with criminal intent | Firearms Act 1968 s.18 | as above |
| Possession or acquisition of certain prohibited weapons etc. | Firearms Act 1968 s.5 | as above |
| Aggravated burglary | Theft Act 1968 s.10 | 1968 c. 60 |
| Armed robbery | Theft Act 1968 s.8(1) | as above |
| Assault with weapon with intent to rob | Theft Act 1968 s.8(2) | as above |
| Blackmail | Theft Act 1968 s.21 | as above |
| Riot | Public Order Act 1986 s.1 | 1986 c. 64 |
| Violent disorder | Public Order Act 1986 s.2 | as above |
| Contamination of goods with intent | Public Order Act 1986 s.38 | as above |
| Causing death by dangerous driving | Road Traffic Act 1988 s.1 | 1988 c. 52 |
| Causing death by careless driving while under the influence of drink or drugs | Road Traffic Act 1988 s.3A | as above |
| Aggravated vehicle taking resulting in death | Theft Act 1968 s.12A | 1968 c. 60 |
| Causing danger to road users | Road Traffic Act 1988 s.22A | 1988 c. 52 |
| Attempting to choke, suffocate, strangle etc. | Offences against the Person Act 1861 s.21 | 1861 c. 100 |
| Causing miscarriage by poison, instrument | Offences against the Person Act 1861 s.58 | as above |
| Making threats to kill | Offences against the Person Act 1861 s.16 | as above |
| Wounding or grievous bodily harm with intent to cause grievous bodily harm etc. | Offences against the Person Act 1861 s.18 | as above |
| Endangering the safety of railway passengers | Offences against the Person Act 1861 ss.32, 33, 34 | as above |
| Impeding persons endeavouring to escape wrecks | Offences against the Person Act 1861 s.17 | as above |
| Administering chloroform, laudanum etc. | Offences against the Person Act 1861 s.22 | as above |
| Administering poison etc. so as to endanger life | Offences against the Person Act 1861 s.23 | as above |
| Cruelty to persons under 16 | Children and Young Persons Act 1933 s.1 | 1933 c. 12 |
| Aiding and abetting suicide | Suicide Act 1961 s.2 | 1961 c. 60 |
| Prison mutiny | Prison Security Act 1992 s.1 | 1992 c. 25 |
| Assaulting prison officer whilst possessing firearm etc. | Criminal Justice Act 1991 s.90 | 1991 c. 53 |
| Producing or supplying a Class A or B drug | Misuse of Drugs Act 1971 s.4 | 1971 c. 38 |
| Possession of a Class A or B drug with intent to supply | Misuse of Drugs Act 1971 s.5(3) | as above |
| Manufacture and supply of scheduled substances | Criminal Justice (International Co-operation) Act 1990 s.12 | 1990 c. 5 |
| Fraudulent evasion of controls on Class A and B drugs | Customs and Excise Management Act 1979 s.170(2)(b), (c) | 1979 c. 2 |
| Illegal importation of Class A and B drugs | Customs and Excise Management Act 1979 s.50 | as above |
| Offences in relation to proceeds of drug trafficking | Drug Trafficking Act 1994 ss.49, 50 and 51 | 1994 c. 37 |
| Offences in relation to money laundering investigations | Drug Trafficking Act 1994 ss.52 and 53 | as above |
| Practitioner contravening drug supply regulations | Misuse of Drugs Act 1971 ss.12 and 13 | 1971 c. 38 |
| Cultivation of cannabis plant | Misuse of Drugs Act 1971 s.6 | as above |
| Occupier knowingly permitting drugs offences etc. | Misuse of Drugs Act 1971 s.8 | as above |
| Activities relating to opium | Misuse of Drugs Act 1971 s.9 | as above |
| Drug trafficking offences at sea | Criminal Justice (International Co-operation) Act 1990 s.18 | 1990 c. 5 |
| Firing on Revenue vessel | Customs and Excise Management Act 1979 s.85 | 1979 c. 2 |
| Making or possession of explosive in suspicious circumstances | Explosive Substances Act 1883 s.4(1) | 1883 c. 3 |
| Causing bodily injury by explosives | Offences against the Person Act 1861 s.28 | 1861 c. 100 |
| Using explosive or corrosives with intent to cause grievous bodily harm | Offences against the Person Act 1861 s.29 | as above |
| Hostage taking | Taking of Hostages Act 1982 s.1 | 1982 c. 28 |
| Offences against international protection of nuclear material | Nuclear Material (Offences) Act 1983 s.2 | 1983 c. 18 |
| Placing explosives with intent to cause bodily injury | Offences against the Person Act 1861 s.30 | 1861 c. 100 |
| Membership of proscribed organisations | Terrorism Act 2000 s.11 | 2000 c. 11 |
| Support or meeting of proscribed organisations | Terrorism Act 2000 s.12 | as above |
| Uniform of proscribed organisations | Terrorism Act 2000 s.13 | as above |
| Fund-raising for terrorism | Terrorism Act 2000 s.15 | as above |
| Other offences involving money or property to be used for terrorism | Terrorism Act 2000 ss.16-18 | as above |
| Disclosure prejudicing, or interference of material relevant to, investigation of terrorism | Terrorism Act 2000 s.39 | as above |
| Weapons training | Terrorism Act 2000 s.54 | as above |
| Directing terrorist organisation | Terrorism Act 2000 s.56 | as above |
| Possession of articles for terrorist purposes | Terrorism Act 2000 s.57 | as above |
| Unlawful collection of information for terrorist purposes | Terrorism Act 2000 s.58 | as above |
| Incitement of terrorism overseas | Terrorism Act 2000 s.59 | as above |
| Concealing criminal property | Proceeds of Crime Act 2002 s.327 | 2002 c.29 |
| Involvement in arrangements facilitating the acquisition, retention, use or control of criminal property | Proceeds of Crime Act 2002 s.328 | As above |
| Acquisition, use or possession of criminal property | Proceeds of Crime Act 2002 s.329 | As above |
| Failure to disclose knowledge or suspicion of money laundering: regulated sector | Proceeds of Crime Act 2002 s.330 | As above |
| Failure to disclose knowledge or suspicion of money laundering: nominated officers in the regulated sector | Proceeds of Crime Act 2002 s.331 | As above |
| Failure to disclose knowledge or suspicion of money laundering: other nominated officers | Proceeds of Crime Act 2002 s.332 | As above |
| Tipping off | Proceeds of Crime Act 2002 s.333 | As above |
| Disclosure under sections 330, 331, 332 or 333 of the Proceeds of Crime Act 2002 otherwise than in the form and manner prescribed | Proceeds of Crime Act 2002 s.339(1A) | As above |
| Causing or allowing the death of a child | Domestic Violence, Crime and Victims Act 2004 s.5 | 2004 c.28 |
| Class C: Lesser offences involving violence or damage, and less serious drugs offences | ||
| Racially-aggravated assault | Crime and Disorder Act 1998 s. 29(1) | 1998 c.37 |
| Racially-aggravated criminal damage | Crime and Disorder Act 1998 s. 30(1) | 1998 c.37 |
| Robbery (other than armed robbery) | Theft Act 1968 s.8(1) | 1968 c. 60 |
| Unlawful wounding | Offences against the Person Act 1861 s.20 | 1861 c. 100 |
| Assault occasioning actual bodily harm | Offences against the Person Act 1861 s.47 | as above |
| Concealment of birth | Offences against the Person Act 1861 s.60 | as above |
| Abandonment of children under two | Offences against the Person Act 1861 s.27 | as above |
| Arson (other than aggravated arson) where value does not exceed £30,000 | Criminal Damage Act 1971 s.1(3) | 1971 c. 48 |
| Criminal damage (other than aggravated criminal damage) | Criminal Damage Act 1971 s.1(1) | as above |
| Possession of firearm without certificate | Firearms Act 1968 s.1 | 1968 c. 27 |
| Carrying loaded firearm in public place | Firearms Act 1968 s.19 | as above |
| Trespassing with a firearm | Firearms Act 1968 s.20 | as above |
| Shortening of shotgun or possession of shortened shotgun | Firearms Act 1968 s.4 | as above |
| Shortening of smooth bore gun | Firearms Amendment Act 1988 s.6(1) | 1988 c. 45 |
| Possession or acquisition of shotgun without certificate | Firearms Act 1968 s.2 | 1968 c. 27 |
| Possession of firearms by person convicted of crime | Firearms Act 1968 s.21(4) | as above |
| Acquisition by or supply of firearms to person denied them | Firearms Act 1968 s.21(5) | as above |
| Dealing in firearms | Firearms Act 1968 s.3 | as above |
| Failure to comply with certificate when transferring firearm | Firearms Act 1968 s.42 | as above |
| Permitting an escape | Common law | |
| Rescue | Common law | |
| Escaping from lawful custody without force | Common law | |
| Breach of prison | Common law | |
| Harbouring escaped prisoners | Criminal Justice Act 1961 s.22 | 1961 c. 39 |
| Assisting prisoners to escape | Prison Act 1952 s.39 | 1952 c. 52 |
| Fraudulent evasion of agricultural levy | Customs and Excise Management Act 1979 s.68A(1) and (2) | 1979 c. 2 |
| Offender armed or disguised | Customs and Excise Management Act 1979 s.86 | as above |
| Making threats to destroy or damage property | Criminal Damage Act 1971 s.2 | 1971 c. 48 |
| Possessing anything with intent to destroy or damage property | Criminal Damage Act 1971 s.3 | as above |
| Child abduction by connected person | Child Abduction Act 1984 s.1 | 1984 c. 37 |
| Child abduction by other person | Child Abduction Act 1984 s.2 | as above |
| Bomb hoax | Criminal Law Act 1977 s.51 | 1977 c. 45 |
| Producing or supplying Class C drug | Misuse of Drugs Act 1971 s.4 | 1971 c. 38 |
| Possession of a Class C drug with intent to supply | Misuse of Drugs Act 1971 s.5(3) | as above |
| Fraudulent evasion of controls on Class C drugs | Customs and Excise Management Act 1979 s.170(2)(b), (c) | 1979 c. 2 |
| Illegal importation of Class C drugs | Customs and Excise Management Act 1979 s.50 | as above |
| Possession of Class A drug | Misuse of Drugs Act 1971 s.5(2) | 1971 c. 38 |
| Failure to disclose knowledge or suspicion of money laundering | Drug Trafficking Offences Act 1986 s.26B | 1986 c. 32 |
| Tipping-off in relation to money laundering investigations | Drug Trafficking Offences Act 1986 s.26C | as above |
| Assaults on officers saving wrecks | Offences against the Person Act 1861 s.37 | 1861 c. 100 |
| Attempting to injure or alarm the Sovereign | Treason Act 1842 s.2 | 1842 c. 51 |
| Assisting illegal entry or harbouring persons | Immigration Act 1971 s.25 | 1971 c. 77 |
| Administering poison with intent to injure etc. | Offences against the Person Act 1861 s.24 | 1861 c. 100 |
| Neglecting to provide food for or assaulting servants etc. | Offences against the Person Act 1861 s.26 | as above |
| Setting spring guns with intent to inflict grievous bodily harm | Offences against the Person Act 1861 s.31 | as above |
| Supplying instrument etc. to cause miscarriage | Offences against the Person Act 1861 s.59 | as above |
| Failure to disclose information about terrorism | Terrorism Act 2000 s.19 | 2000 c. 11 |
| Circumcision of females | Prohibition of Female Circumcision Act 1985 s.1 | 1985 c. 38 |
| Breaking or injuring submarine telegraph cables | Submarine Telegraph Act 1885 s.3 | 1885 c. 49 |
| Failing to keep dogs under proper control resulting in injury | Dangerous Dogs Act 1991 s.3 | 1991 c. 65 |
| Making gunpowder etc. to commit offences | Offences against the Person Act 1861 s.64 | 1861 c. 100 |
| Stirring up racial hatred | Public Order Act 1986 ss.18-23 | 1986 c. 64 |
| Class D: Sexual offences and offences against children | ||
| Administering drugs to obtain intercourse | Sexual Offences Act 1956 s.4 | 1956 c.69 |
| Procurement of a defective | Sexual Offences Act 1956 s.9 | as above |
| Incest other than by man with a girl under 13 | Sexual Offences Act 1956 ss.10 and 11 | as above |
| Gross indecency between male of 21 or over and male under 16 | Sexual Offences Act 1956 s.13 | as above |
| Indecent assault on a woman | Sexual Offences Act 1956 s.14 | as above |
| Indecent assault on a man | Sexual Offences Act 1956 s.15 | as above |
| Abuse of position of trust | Sexual Offences (Amendment) Act 2000 s.3 | 2000 c. 44 |
| Man living on earnings of prostitution | Sexual Offences Act 1956 s.30 | 1956 c.69 |
| Woman exercising control over prostitute | Sexual Offences Act 1956 s.31 | as above |
| Living on earnings of male prostitution | Sexual Offences Act 1967 s.5 | 1967 c. 60 |
| Incitement to commit incest | Criminal Law Act 1977 s.54 | 1977 c. 45 |
| Ill-treatment of persons of unsound mind | Mental Health Act 1983 s.127 | 1983 c. 20 |
| Abduction of unmarried girl under 18 from parent | Sexual Offences Act 1956 s.19 | 1956 c. 69 |
| Abduction of defective from parent | Sexual Offences Act 1956 s.21 | as above |
| Procuration of girl under 21 | Sexual Offences Act 1956 s.23 | as above |
| Permitting defective to use premises for intercourse | Sexual Offences Act 1956 s.27 | as above |
| Causing or encouraging prostitution of defective | Sexual Offences Act 1956 s.29 | as above |
| Sexual assault | Sexual Offences Act 2003 s.3 | 2003 c. 42 |
| Causing sexual activity without penetration | Sexual Offences Act 2003 s. 4 | As above |
| Engaging in sexual activity in the presence of a child | Sexual Offences Act 2003 s. 11 | As above |
| Causing a child to watch a sexual act | Sexual Offences Act 2003 s. 12 | As above |
| Child sex offence committed by person under 18 | Sexual Offences Act 2003 s. 13 | As above |
| Meeting child following sexual grooming | Sexual Offences Act 2003 s. 15 | As above |
| Abuse of trust: sexual activity with a child | Sexual Offences Act 2003 s. 16 | As above |
| Abuse of position of trust: causing a child to engage in sexual activity | Sexual Offences Act 2003 s. 17 | As above |
| Abuse of trust: sexual activity in the presence of a child | Sexual Offences Act 2003 s. 18 | As above |
| Abuse of position of trust: causing a child to watch sexual activity | Sexual Offences Act 2003 s. 19 | As above |
| Engaging in sexual activity in the presence of a person with a mental disorder | Sexual Offences Act 2003 s. 32 | As above |
| Causing a person with a mental disorder to watch a sexual act | Sexual Offences Act 2003 s. 33 | As above |
| Engaging in sexual activity in the presence of a person with a mental disorder | Sexual Offences Act 2003 s. 36 | As above |
| Causing a person with a mental disorder to watch a sexual act | Sexual Offences Act 2003 s. 37 | As above |
| Care workers: sexual activity in presence of a person with a mental disorder | Sexual Offences Act 2003 s. 40 | As above |
| Care workers: causing a person with a mental disorder to watch a sexual act | Sexual Offences Act 2003 s. 41 | As above |
| Causing or inciting prostitution for gain | Sexual Offences Act 2003 s. 52 | As above |
| Controlling prostitution for gain | Sexual Offences Act 2003 s. 53 | As above |
| Administering a substance with intent | Sexual Offences Act 2003 s. 61 | As above |
| Committing offence with intent to commit sexual offence | Sexual Offences Act 2003 s. 62 | As above |
| Trespass with intent to commit sexual offence | Sexual Offences Act 2003 s. 63 | As above |
| Sex with adult relative | Sexual Offences Act 2003 s. 64, 65 | As above |
| Exposure | Sexual Offences Act 2003 s. 66 | As above |
| Voyeurism | Sexual Offences Act 2003 s. 67 | As above |
| Intercourse with an animal | Sexual Offences Act 2003 s. 69 | As above |
| Sexual penetration of a corpse | Sexual Offences Act 2003 s. 70 | As above |
| Class E: Burglary etc | ||
| Burglary (domestic) | Theft Act 1968 s.9(3)(a) | 1968 c. 60 |
| Going equipped to steal | Theft Act 1968 s.25 | as above |
| Burglary (non-domestic) | Theft Act 1968 s.9(3)(b) | as above |
| Classes F, G and K: Other offences of dishonesty | ||
| The following offences are always in class F | ||
| Destruction of registers of births etc. | Forgery Act 1861 s.36 | 1861 c. 98 |
| Making false entries in copies of registers sent to register | Forgery Act 1861 s.37 | as above |
| Possession (with intention) of false identity documents | Identity Cards Act 2006 s.25(1) | 2006 c.15 |
| Possession (with intention) of apparatus or material for making false identity documents | Identity Cards Act 2006 s.25(3) | As above |
| Possession (without reasonable excuse) of false identity documents or apparatus or material for making false identity documents | Identity Cards Act 2006 s.25(5) | As above |
| The following offences are always in class G | ||
| Undischarged bankrupt being concerned in a company | Insolvency Act 1986 s. 360 | 1986 c.45 |
| Counterfeiting notes and coins | Forgery and Counterfeiting Act 1981 s.14 | 1981 c. 45 |
| Passing counterfeit notes and coins | Forgery and Counterfeiting Act 1981 s.15 | as above |
| Offences involving custody or control of counterfeit notes and coins | Forgery and Counterfeiting Act 1981 s.16 | as above |
| Making, custody or control of counterfeiting materials etc. | Forgery and Counterfeiting Act 1981 s.175 | as above |
| Illegal importation: counterfeit notes or coins | Customs and Excise Management Act 1979 s.50 | 1979 c. 2 |
| Fraudulent evasion: counterfeit notes or coins | Customs and Excise Management Act 1979 s.170(2)(b), (c) | as above |
| The following offences are in class G if the value involved exceeds £30,000, class K if the value exceeds £100,000 and in class F otherwise | ||
| VAT offences | Value Added Tax Act 1994 s. 72(1-8) | 1994 c.23 |
| Fraudulent evasion of duty | Customs and Excise Management Act 1979 s. 170(1)(b) | 1979 c. 2 |
| Theft | Theft Act 1968 s.1 | 1968 c. 60 |
| Removal of articles from places open to the public | Theft Act 1968 s.11 | as above |
| Abstraction of electricity | Theft Act 1968 s.13 | as above |
| Obtaining property by deception | Theft Act 1968 s.15 | as above |
| Obtaining pecuniary advantage by deception | Theft Act 1968 s.16 | as above |
| False accounting | Theft Act 1968 s.17 | as above |
| Handling stolen goods | Theft Act 1968 s.22 | as above |
| Obtaining services by deception | Theft Act 1978 s.1 | 1978 c. 31 |
| Evasion of liability by deception | Theft Act 1978 s.2 | as above |
| Illegal importation: not elsewhere specified | Customs and Excise Management Act 1979 s.50 | 1979 c. 2 |
| Counterfeiting Customs documents | Customs and Excise Management Act 1979 s.168 | as above |
| Fraudulent evasion: not elsewhere specified | Customs and Excise Management Act 1979 s.170(2)(b), (c) | as above |
| Forgery | Forgery and Counterfeiting Act 1981 s.1 | 1981 c. 45 |
| Copying false instrument with intent | Forgery and Counterfeiting Act 1981 s.2 | as above |
| Using a false instrument | Forgery and Counterfeiting Act 1981 s.3 | as above |
| Using a copy of a false instrument | Forgery and Counterfeiting Act 1981 s.4 | as above |
| Custody or control of false instruments etc. | Forgery and Counterfeiting Act 1981 s.5 | as above |
| Offences in relation to dies or stamps | Stamp Duties Management Act 1891 s.13 | 1891 c. 38 |
| Counterfeiting of dies or marks | Hallmarking Act 1973 s.6 | 1973 c. 43 |
| Fraud by false representation | Fraud Act 2006 s.2 | 2006 c.35 |
| Fraud by failing to disclose information | Fraud Act 2006 s.3 | As above |
| Fraud by abuse of position | Fraud Act 2006 s.4 | As above |
| Possession etc of articles for use in frauds | Fraud Act 2006 s.6 | As above |
| Making or supplying articles for use in frauds | Fraud Act 2006 s.7 | As above |
| Participating in fraudulent business carried on by sole trader etc. | Fraud Act 2006 s.9 | As above |
| Obtaining services dishonestly | Fraud Act 2006 s.11 | As above |
| Class H: miscellaneous other offences | ||
| Breach of anti-social behaviour order | Crime and Disorder Act 1998 s. 1(10) | 1998 c. 37 |
| Breach of sex offender order | Crime and Disorder Act 1998 s. 2(8) | As above |
| Racially-aggravated public order offence | Crime and Disorder Act 1998 s. 31(1) | As above |
| Racially aggravated harassment/putting another in fear of violence | Crime and Disorder Act 1998 s. 32(1) | As above |
| Having an article with a blade or point in a public place | Criminal Justice Act 1988 s. 139 | 1988 c. 33 |
| Breach of harassment injunction | Protection from Harassment Act 1997 s. 3(6) | 1997 c. 40 |
| Putting people in fear of violence | Protection from Harassment Act 1997 s. 4(1) | As above |
| Breach of restraining order | Protection from Harassment Act 1997 s. 5(5) | As above |
| Being drunk on an aircraft | Air Navigation Order 2005, article 75 | S.I. 2005/1970 |
| Possession of offensive weapon | Prevention of Crime Act 1953 s.1 | 1953 c. 14 |
| Affray | Public Order Act 1986 s.3 | 1986 c. 64 |
| Assault with intent to resist arrest | Offences against the Person Act 1861 s.38 | 1861 c. 100 |
| Unlawful eviction and harassment of occupier | Protection from Eviction Act 1977 s.1 | 1977 c. 43 |
| Obscene articles intended for publication for gain | Obscene Publications Act 1964 s.1 | 1964 c. 74 |
| Gross indecency between males (other than where one is 21 or over and the other is under 16) | Sexual Offences Act 1956 s.13 | 1956 c. 69 |
| Solicitation for immoral purposes | Sexual Offences Act 1956 s.32 | as above |
| Buggery of males of 16 or over otherwise than in private | Sexual Offences Act 1956 s.12 | as above |
| Acts outraging public decency | Common law | |
| Offences of publication of obscene matter | Obscene Publications Act 1959 s.2 | 1959 c. 66 |
| Keeping a disorderly house | Common law; Disorderly Houses Act 1751 s.8 | 1751 c. 36 |
| Indecent display | Indecent Displays (Control) Act 1981 s.1 | 1981 c. 42 |
| Presentation of obscene performance | Theatres Act 1968 s.2 | 1968 c. 54 |
| Procurement of intercourse by threats etc. | Sexual Offences Act 1956 s.2 | 1956 c. 69 |
| Causing prostitution of women | Sexual Offences Act 1956 s.22 | as above |
| Detention of woman in brothel or other premises | Sexual Offences Act 1956 s.24 | as above |
| Procurement of a woman by false pretences | Sexual Offences Act 1956 s.3 | as above |
| Procuring others to commit homosexual acts | Sexual Offences Act 1967 s.4 | 1967 c. 60 |
| Trade description offences (9 offences) | Trade Descriptions Act 1968 ss.1, 8, 9, 12, 13, 14 | 1968 c. 29 |
| Misconduct endangering ship or persons on board ship | Merchant Shipping Act 1970 s.27 | 1970 c. 36 |
| Obstructing engine or carriage on railway | Malicious Damage Act 1861 s.36 | 1861 c. 97 |
| Offences relating to the safe custody of controlled drugs | Misuse of Drugs Act 1971 s.11 | 1971 c. 38 |
| Possession of Class B or C drug | Misuse of Drugs Act 1971 s.5(2) | as above |
| Wanton or furious driving | Offences against the Person Act 1861 s.35 | 1861 c. 100 |
| Dangerous driving | Road Traffic Act 1988 s.2 | 1988 c. 52 |
| Forgery and misuse of driving documents | Public Passenger Vehicles Act 1981 s.65 | 1981 c. 14 |
| Forgery of driving documents | Road Traffic Act 1960 s.233 | 1960 c. 16 |
| Forgery etc. of licences and other documents | Road Traffic Act 1988 s.173 | 1988 c. 52 |
| Mishandling or falsifying parking documents etc. | Road Traffic Regulation Act 1984 s.115 | 1984 c. 27 |
| Aggravated vehicle taking | Theft Act 1968 s.12A | 1968 c. 60 |
| Forgery, alteration, fraud of licences etc. | Vehicle Excise and Registration Act 1994 s.44 | 1994 c.22 |
| Making off without payment | Theft Act 1978 s.3 | 1978 c. 31 |
| Agreeing to indemnify sureties | Bail Act 1976 s.9(1) | 1976 c. 63 |
| Sending prohibited articles by post | Post Office Act 1953 s.11 | 1953 c. 36 |
| Impersonating Customs officer | Customs and Excise Management Act 1979 s.13 | 1979 c. 2 |
| Obstructing Customs officer | Customs and Excise Management Act 1979 s.16 | as above |
| Class I: Offences against public justice and similar offences | ||
| Conspiring to commit offences outside the United Kingdom | Criminal Justice (Terrorism and Conspiracy) Act 1998 s. 5 | 1998 c.40 |
| Perverting the course of public justice | Common law | |
| Perjuries (7 offences) | Perjury Act 1911 ss.1-7(2) | 1911 c. 6 |
| Corrupt transactions with agents | Prevention of Corruption Act 1906 s.1 | 1906 c. 34 |
| Corruption in public office | Public Bodies Corrupt Practices Act 1889 s.1 | 1889 c. 69 |
| Embracery | Common law | |
| Fabrication of evidence with intent to mislead a tribunal | Common law | |
| Personation of jurors | Common law | |
| Concealing an arrestable offence | Criminal Law Act 1967 s.5 | 1967 c. 58 |
| Assisting offenders | Criminal Law Act 1967 s.4(1) | as above |
| False evidence before European Court | European Communities Act 1972 s.11 | 1972 c. 68 |
| Personating for purposes of bail etc. | Forgery Act 1861 s.34 | 1861 c. 98 |
| Intimidating a witness, juror etc. | Criminal Justice and Public Order Act 1994 s.51(1) | 1994 c. 33 |
| Harming, threatening to harm a witness, juror etc. | Criminal Justice and Public Order Act 1994 s.51(2) | as above |
| Prejudicing a drug trafficking investigation | Drug Trafficking Act 1994 s.58(1) | 1994 c. 37 |
| Giving false statements to procure cremation | Cremation Act 1902 s.8(2) | 1902 c. 8 |
| False statement tendered under section 9 of the Criminal Justice Act 1967 | Criminal Justice Act 1967 s.89 | 1967 c. 80 |
| Making a false statement to obtain interim possession order | Criminal Justice and Public Order Act 1994 s.75(1) | 1994 c. 33 |
| Making false statement to resist making of interim possession order | Criminal Justice and Public Order Act 1994 s.75(2) | as above |
| False statement tendered under section 5B of the Magistrates’ Courts Act 1980 | Magistrates’ Courts Act 1980 s.106 | 1980 c. 43 |
| Making false statement to authorised officer | Trade Descriptions Act 1968 s.29(2) | 1968 c. 29 |
| Class J: Serious Sexual Offences | ||
| Rape | Sexual Offences Act 1956 s.1(1) | 1956 c. 69 |
| Sexual intercourse with girl under 13 | Sexual Offences Act 1956 s.5 | as above |
| Sexual intercourse with girl under 16 | Sexual Offences Act 1956 s.6 | as above |
| Sexual intercourse with defective | Sexual Offences Act 1956 s.7 | as above |
| Incest by man with a girl under 13 | Sexual Offences Act 1956 s. 10 | as above |
| Buggery of person under 16 | Sexual Offences Act 1956 s.12 | as above |
| Indecency with children under 14 | Indecency with Children Act 1960 s.1(1) | 1960 c. 33 |
| Taking, having etc. indecent photographs of children | Protection of Children Act 1978 s.1 | 1978 c. 37 |
| Assault with intent to commit buggery | Sexual Offences Act 1956 s.16 | 1956 c. 69 |
| Abduction of woman by force | Sexual Offences Act 1956 s.17 | as above |
| Permitting girl under 13 to use premises for sexual intercourse | Sexual Offences Act 1956 s.25 | as above |
| Allowing or procuring child under 16 to go abroad to perform | Children and Young Persons Act 1933 ss.25, 26 | 1933 c. 12 |
| Sexual intercourse with patients | Mental Health Act 1959 s.128 | 1959 c. 72 |
| Abduction of unmarried girl under 16 from parent | Sexual Offences Act 1956 s.20 | 1956 c.69 |
| Permitting girl under 16 to use premises for intercourse | Sexual Offences Act 1956 s.26 | as above |
| Causing or encouraging prostitution of girl under 16 | Sexual Offences Act 1956 s.28 | as above |
| Rape | Sexual Offences Act 2003 s. 1 | 2003 c. 42 |
| Assault by penetration | Sexual Offences Act 2003 s. 2 | As above |
| Causing sexual activity with penetration | Sexual Offences Act 2003 s. 4 | As above |
| Rape of child under 13 | Sexual Offences Act 2003 s. 5 | As above |
| Assault of child under 13 by penetration | Sexual Offences Act 2003 s. 6 | As above |
| Sexual assault of child under 13 | Sexual Offences Act 2003 s. 7 | As above |
| Causing a child under 13 to engage in sexual activity | Sexual Offences Act 2003 s. 8 | As above |
| Sexual activity with a child | Sexual Offences Act 2003 s. 9 | As above |
| Causing a child to engage in sexual activity | Sexual Offences Act 2003 s. 10 | As above |
| Arranging child sex offence | Sexual Offences Act 2003 s. 14 | As above |
| Sexual activity with a child family member, with penetration | Sexual Offences Act 2003 s. 25 | As above |
| Inciting a child family member to engage in sexual activity | Sexual Offences Act 2003 s. 26 | As above |
| Sexual activity with a person with a mental disorder | Sexual Offences Act 2003 s. 30 | As above |
| Causing or inciting a person with a mental disorder to engage in sexual activity | Sexual Offences Act 2003 s. 31 | As above |
| Offering inducement to procure sexual activity with a person with a mental disorder | Sexual Offences Act 2003 s. 34 | As above |
| Inducing person with mental disorder to engage in sexual activity | Sexual Offences Act 2003 s. 35 | As above |
| Care workers: sexual activity with a person with a mental disorder | Sexual Offences Act 2003 s. 38 | As above |
| Care workers: inciting person with mental disorder to engage in sexual act | Sexual Offences Act 2003 s. 39 | As above |
| Paying for sexual services of a child | Sexual Offences Act 2003 s. 47 | As above |
| Causing or inciting child prostitution or pornography | Sexual Offences Act 2003 s. 48 | As above |
| Controlling a child prostitute | Sexual Offences Act 2003 s. 49 | As above |
| Facilitating child prostitution | Sexual Offences Act 2003 s. 50 | As above |
| Trafficking into UK for sexual exploitation | Sexual Offences Act 2003 s. 57 | As above |
| Trafficking within UK for sexual exploitation | Sexual Offences Act 2003 s. 58 | As above |
| Trafficking out of UK for sexual exploitation | Sexual Offences Act 2003 s. 59 | As above |
| Class K: Other offences of dishonesty (high value) | ||
| Class K offences are listed under Class F and G. | ||
1985 c.23 Section 23A was inserted by section 119 of the Crime and Disorder Act 1998 (c.37).
1964 c.84, as amended by the Criminal Procedure (Insanity and Unfitness to Plead) Act 1991 (c.25) and the Domestic Violence, Crime and Victims Act 2004 (c.28).